Cover

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Title Page, Copyright Page

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pp. i-iv

Contents

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pp. v-vi

Tables

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pp. vii-viii

Figures

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pp. ix-x

Contributors

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pp. xi-xii

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Acknowledgments

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pp. xiii-xiv

The Indonesia Update conference is an annual event organised by the Indonesia Project, part of the College of Asia and the Pacific at The Australian National University (ANU). The conference is a key public event that brings together ANU’s academic expertise in Indonesian studies and the global network of scholars studying Indonesia in order to address a pressing theme. This volume publishes the papers from the thirty-third conference, held at ANU on 18–19 September 2015....

Glossary

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pp. xv-xxiv

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1 Land,economic development,social justice and environmental management in Indonesia: the search for the people’s sovereignty

John F. McCarthy and Kathryn Robinson

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pp. 1-32

Unresolved land governance questions are at the heart of President Joko Widodo’s political agenda. On 14 October 2014, a week before his inauguration, Widodo made a speech touching on several key issues facing Indonesia: reducing greenhouse gas emissions from annual forest fires; resolving a plethora of often violent disputes in the mining and agricultural sectors; and addressing the poverty of farmers eking out an existence on tiny plots of land (Saturi 2014). During his first months in office the president sought to develop infrastructure to promote development...

PART 1 Land use and land law: the big picture

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pp. 33-34

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2 The plantation and the mine: agrarian transformation and there making of land and smallholders in Indonesia

Nancy Lee Peluso

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pp. 35-62

Across Indonesia, radical changes are taking place in how land is being used, claimed and controlled. The conversions from forests and farms to plantations and mines are particularly significant. West Kalimantan (in Indonesian Borneo) is both representative of these changes and unique. It was once a forested landscape (Brookfield, Potter and Byron 1995), but as of 2014, some 91 per cent of the province’s land had been formally allocated for present or future industrial uses (Pilin 2014). Thirty-six per cent of the province’s land is held by oil palm companies, 37 per cent is allocated to industrial mining and 27 per cent is maintained by the Ministry...

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3 Indonesian land law: integration at last? And for whom?

Adriaan Bedner

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pp. 63-88

As in most developing countries, land tenure relations in Indonesia are contentious. The many transitions involving land use—from agriculture to industry, from rural villages to urban neighbourhoods, from subsistence farming to plantations—exert heavy pressure on social relations. The contributions to this volume provide vivid accounts of this; whether they concern infrastructure development, housing, oil palm regimes, agricultural change or mining, they demonstrate that changes to land use are often accompanied by conflict, violence, forced migration and other types of misery. While in the past many areas still knew a frontier...

PART 2 Environmental and customary framing of land tenure

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pp. 89-90

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4 Emerging options for the recognition and protection of indigenous community rights in Indonesia

Chip Fay and Ho-Ming So Denduangrudee

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pp. 91-112

Indonesia marked its seventieth anniversary as a nation in August 2015, although those 70 years are but a moment in the history of the archipelago. During the short period in which it has been a unified nation, Indonesia has undergone dramatic transformation—from charismatic leadership in a politically chaotic landscape in the 1950s and early 1960s, to 32 years of authoritarian rule in the period to 1998, to one of the world’s largest and most vibrant democracies. Yet, while the Indonesian state has matured politically, fundamental challenges of equity and social justice remain. Estimates place the proportion of Indonesians living below or...

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5 REDD, land management and the politics of forest and land tenure reform with special reference to the case of Central Kalimantan province

Suraya A. Afiff

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pp. 113-140

Climate change has become an increasingly important part of the policy discourse in Indonesia since the Indonesian government hosted the United Nations Climate Change Conference in Denpasar, Bali, in December 2007. This became clear, in particular, when the president at the time, Susilo Bambang Yudhoyono (2004–14), pledged at the G20 Leaders Summit in Pittsburgh in 2009 that Indonesia would, by 2020, reduce its greenhouse gas emissions by 26 per cent from the predicted ‘business-as-usual’ rate, or by 41 per cent if the country received international assistance to achieve this. International donors responded by funding emonstration...

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6 Mining, land and community rights in Indonesia

Kathryn Robinson

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pp. 141-164

Indonesia’s immense mineral reserves (tin, nickel, gold, copper and also coal) hold out the promise of economic development for people in many of Indonesia’s poor and remote regions. Exploitation of the nation’s mineral wealth for the global market began slowly in the colonial period but Indonesia is now ‘a key mineral supplier to the global market’ with mining contributing around 5 per cent of GDP (Devi and Prayogo 2013: 6). According to the Mining Advocacy Network (Jaringan Advokasi Tambang, JATAM), around 44 per cent of Indonesia’s land is currently subject to mining, oil and gas concessions (Siregar 2015), involving both privately owned and state-owned companies and both national and international investors....

PART 3 Urban and infrastructure development

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pp. 165-166

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7 Eminent domain and infrastructure under the Yudhoyono and Widodo administrations

Jamie S. Davidson

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pp. 167-185

Judging by President Joko Widodo’s (Jokowi’s) first year in office, the former furniture salesman is committed to realising his campaign pledge of making swift strides in the improvement of Indonesia’s crumbling physical infrastructure. In early 2015 he took the politically bold decision to slash billions from the government’s fuel subsidies bill and spend the near entirety of these savings on infrastructure investment. In the 2015 state budget alone, Jokowi allotted a state capital expenditure fund of about Rp 290 billion, up approximately 86 per cent from the Rp 156 trillion the government of his predecessor, Susilo Bambang Yudhoyono, had budgeted (Sambijantoro 2015). This is one way in which Jokowi is...

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8 Housing low- and middle-income households: land development and policy practice in two Indonesian cities

Delik Hudalah, Yunie Nurhayati Rahmat and Tommy Firman

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pp. 186-205

To respond to the rapid increase in urbanisation across the country, Indonesia needs to develop an effective land policy that facilitates formal housing development and gives all sectors of the population access to good-quality, affordable housing. The share of the urban population reached 30 per cent in 1990, 42 per cent in 2000 and 49.8 per cent when the latest census was conducted in 2010. By 2035, it is expected to reach 66.6 per cent, and to exceed 80 per cent in four provinces in Java: Jakarta, West Java, Yogyakarta and Banten (Bappenas 2013a)....

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9 Land and housing security for the urban poor

Patrick Guinness

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pp. 206-224

The informal is a key component of the city, a space of social and economic activity that is out of the sight and control of the state and out of the reach of capitalist investments. Informal arrangements have long been acknowledged in the employment sector but increasingly the term is being used to describe informal forms of land tenure, housing and infrastructure construction, health services, neighbourhood governance and so on (Guinness 2009). With migration to the cities surging, the informal has become the lifeblood of the ‘insignificant masses’...

PART 4 Agriculture, land tenure and livelihoods

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pp. 225-226

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10 After 200 years, why is Indonesia’s cadastral system still incomplete?

Pierre van der Eng

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pp. 227-244

In October 2014, President Joko Widodo appointed Ferry Mursyidan Baldan as Indonesia’s minister of agrarian affairs and spatial planning. Supported by a new ministry, he assumed responsibility for agrarian affairs, including the vexed issue of rural land registration. The creation of a new ministry is indicative of the urgency to sort out the complications of Indonesia’s agrarian affairs. But urgency to resolve agrarian issues is nothing new. In response to public discussions, official investigations have looked into issues of land registration and governments have vouched to resolve them on many occasions during the past 200 years. What were the shortcomings of the administrative processes...

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11 Agrarian transformations and land reform in Indonesia

Jeff Neilson

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pp. 245-264

The total number of Indonesian households involved in farming to support at least part of their livelihoods is substantial, and poverty rates have persistently been higher in rural than in urban areas. As a result, improved access to agricultural land is widely held to be essential to achieve poverty alleviation. Farm fragmentation is also believed to be widespread, contributing to ever-decreasing farm sizes that lock near-landless, marginal farm households (petani gurem) into a vicious poverty trap. This is the standard narrative supporting the necessity for a broad- ranging land reform program to ensure improved access to agricultural...

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12 Land tenure and agrarian structure in regions of small-scale food production

Aprilia Ambarwati, Ricky Ardian Harahap, Isono Sadoko and Ben White

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pp. 265-294

Indonesia’s staple food-grain agriculture is dominated by ‘smallholder’ farmers, but these smallholder communities are not homogeneous, egalitarian or static. Both macro data (such as the six decennial agricultural censuses since 1963) and various micro studies reveal considerable regional variation in patterns of land ownership and control; micro studies also show the universality of agrarian class differentiation (to varying degrees) in all Indonesian ‘smallholder’ farming communities between large landowners, middle owner–operator farmers, tenant farmers, and near-landless or landless farm workers. Both macro data and the available...

PART 5 Large-scale land acquisitions and smallholder development

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pp. 295-296

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13 Industrial plantations and community rights: conflicts and solutions

Afrizal and Patrick Anderson

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pp. 297-314

The right of indigenous peoples to give or withhold their free, prior and informed consent (FPIC) to developments that will affect them is articulated in the United Nations Declaration on the Rights of Indigenous Peoples, which was passed with a resounding majority by the UN General Assembly in September 2007. Voluntary industry standards for timber (set up by the Forest Stewardship Council) and oil palm (through the Roundtable on Sustainable Palm Oil) recognise the necessity for both indigenous peoples and local communities to enjoy the right to give or withhold their free, prior and informed consent. Following pressure from customers and investors, many of the biggest companies in these sectors...

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14 How can the people’s sovereign tybe achieved in the oil palm sector? Is the plantation model shifting in favour of smallholders?

Lesley Potter

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pp. 315-342

This statement is part of Byerlee’s historical analysis of the evolution of agrarian structures in tropical Asia between 1850 and about 2000, using case studies of tea, rubber, cassava and oil palm. Byerlee argues that economic conditions in colonial states (such as pioneering costs and risks) favoured the plantation model, as well as discriminatory attitudes towards smallholders and a preference for cheap land and labour. Three of the four commodities he studied had moved largely to smallholder production by the end of the twentieth century....

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15 Beyond special autonomy and customary land rights recognition: examining land negotiations and the production of vulnerabilities in Papua

Laksmi Adriani Savitri and Susanna Price

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pp. 343-362

The growing international rush for land by both state and private investors, which has accelerated since the global food price crisis of 2007–08, has raised concerns about the well-being—and survival—of people who depend on the land for their food security, community cohesion and livelihoods (Narula 2013).1 Opinions differ on the extent to which national law and international standards on human rights or resettlement safeguards can protect such people given the overwhelming power dynamics at play in land negotiations and land transfer in the context of escalating global competition for control of land (see Chapters 4 and 13 of this volume). Without formal legal or legalisable title to land,2 such...

Index

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pp. 363-382

Indonesia Update Series

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pp. 383-384