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Indonesian Land Law: Kesepuhan Rights and the Gunung Halimun National Park

Fri, April 1, 12:45 to 2:45pm, Washington State Convention Center, Floor: 2nd Floor, Room 214

Abstract

This presentation explores the role of statutory and customary law for the Kesepuhan people living in the boundaries of the Gunung Halimun National Park in Indonesia. The park lies in three different provinces and the Kesepuhan people reside within and outside the park boundaries in two different provinces. This creates a space where local, district, provincial, and national legal systems overlap, conflict, and connect for the Kesepuhan people. Further complicating the situation is the recent Constitutional Court ruling of MK35/2012, which could possibly, once enforced, grant control of the park lands to the Kesepuhan people. The outcome of this Constitutional Court ruling depends greatly on the interpretation of statutory and customary laws that govern the region. To explore the possible outcomes for MK35/2012, this research examines the legal systems in place within the park and governing the area from provincial capitals and Jakarta through ethnographic methods and archival materials. In addition, Indonesian statistical records were compiled for data on legal outcomes based on location and population. The research found that, with regard to legal systems, one likely outcome for MK35/2012 is community ownership and management of forest areas, but the retention of current land zoning and designations based on the Ministry of Forestry declarations.

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