Divers Paths to Justice - English - Forest Peoples Programme

More documents

Recommendations

Info

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asialand registration, land survey and land delineation systems that depend uponconcepts and practices (system dependent upon documentary evidence) thatare alien or unfamiliar to indigenous peoples. In such cases, it is necessaryto seek to amend the systems concerned, and/or to set up alternativeregistration, survey and delineation systems, preferably with formal Staterecognition. This may be a way to “customise’ land mainstreammanagement systems.125
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asia6. Legal pluralism in Indonesia’s land and natural resourcetenureA summary of presentationsMyrna A. SafitriIntroductionSupported by the Forest Peoples Programme, Learning CentreHuMa/Epistema Institute and partners carried out socio-legal researchconcerning land and natural resource tenure in Indonesia in 2010. Theresearch aimed to understand how various socio-political contexts resultedin different understandings and uses of legal pluralism in order to securecommunities’ rights to land and natural resources. With this in mind, weundertook a national legislative review and three case studies on districtsthat represent different social and legal problems: Pidie of Aceh,Sigibiromaru of Central Sulawesi and Lembata of East Nusa Tenggara.Findings were presented by Indonesian researchers - Myrna Safitri, Andiko,Taqwaddin Husein and Dahniar - and by a local parliamentarian, BedionaPhilipus, at a Regional Meeting on Securing Rights through Legal Pluralismin Southeast Asia, held in Bangkok by Forest Peoples Programme andRECOFTC in September 2010. This paper summarises those presentations.It consists of the following sections: (i) trends in legal pluralism in colonialand contemporary Indonesia; (ii) conflicts of law regarding land and naturalresources; (iii) different sources of law to build Aceh legal pluralism; (iv)complex societies and their impact on conflicts and legal pluralism inSigibiromaru; (v) efforts to use customary law in policy advocacy inLembata.Indonesia’s legal pluralism: different understandings in colonial timesand in the presentLegal pluralism has been conceptualised as a situation where differentsources of law exist in a community. Tensions between laws usually take126
Page 2 and 3:
Divers Paths to Justice: Legal plur
Page 4 and 5:
Page 6 and 7:
Page 8 and 9:
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76: Divers Paths to Justice: Legal plur
Page 125: Divers Paths to Justice: Legal plur
Page 177 and 178:
Page 179 and 180:
show all

Divers Paths to Justice - English - Forest Peoples Programme

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?