Footnotes:
| Footnote 1: | EVERS, 1995:14 |
| Footnote 2: | The remarks first and foremost make reference to DEQUIN. See DEQUIN, 1978. See also RÖLL, 1976:46ff. |
| Footnote 3: | According to RÖLL, the percentage was as much as 33 - 50 % (RÖLL, 1976:48). |
| Footnote 4: | RAFFLES set up the McKenzie Commission in 1811. The Commission examined the agrarian problems and was supposed to make recommendations to the Colonial Government about the maximum use of land (MAC ANDREWS, 1986:17). |
| Footnote 5: | "From his Indian experience, Raffles based his system on the need for a detailed land cadastre (or register) and expected to get the necessary land data for this from the village chiefs. In practice, however, the chiefs had no accurate data and met the demand for it by frequently handing in inaccurate or fictitious data." (MAC ANDREWS, 1986:18). |
| Footnote 6: | MAC ANDREWS, 1986:18 |
| Footnote 7: | See MAC ANDREWS, 1986:19 |
| Footnote 8: | MAC ANDREWS, 1986:19 |
| Footnote 9: | See BUNDSCHU, 1994:100 |
| Footnote 10: | In 1938 there were 2.5 million ha (of which 50 % were on Sumatra and 43 % on Java) in the possession of 2,404 plantations (BUNDSCHU, 1994:101). |
| Footnote 11: | See MAC ANDREWS, 1986:20 |
| Footnote 12: | MAC ANDREWS, 1986:21 |
| Footnote 13: | See ISWANTO, 1993:7 |
| Footnote 14: | MoF, 1994:2 |
| Footnote 15: | MAC ANDREWS, 1986:21 |
| Footnote 16: | Further to the Basic Agrarian Law, see also BOEDI HARSONO, 1994; GAUTAMA and HARSONO, 1972, MAC ANDREWS, 1986. |
| Footnote 17: | The BAL exists in a complete English version as an Appendix. |
| Footnote 18: | The enactment of the BAL was preceded by two government statements from President Soekarno. It was on the one hand the well known Political Manifesto (Manipol) address on August 17th, 1959 where Soekarno announced the termination of the proprietary rights to land which had been imported from European law into Indonesian law (UTRECHT, 1969:71), and five months later in his address to the first session of the Supreme Advisory Council (P.D.R.) on January 13th, 1960, President Soekarno substantiated why a land reform was necessary. (UTRECHT, 1969:72) |
| Footnote 19: | UTRECHT, 1969:74 |
| Footnote 20: | MAC ANDREWS, 1986:24 |
| Footnote 21: | MAC ANDREWS,1986:24 |
| Footnote 22: | MAC ANDREWS,1986:24 |
| Footnote 23: | MAC ANDREWS, 1986:24 |
| Footnote 24: | See UTRECHT, 1969:74 |
| Footnote 25: | MAC ANDREWS, 1986 and BPN, 1993 |
| Footnote 26: | With regard to the distribution of land, farmers who already farmed the land foreseen for distribution de facto, and laborers who worked for the former owner were granted privileges. Veterans and widows of Independence fighters were given particular preference. In 16 years they had to pay the government back the monetary amount which was paid to the former owner as compensation. Land owners who refused to give up their land for redistribution could be dispossessed without compensation, and be imprisoned for three months. See MAC ANDREWS, 1986:24. |
| Footnote 27: | MAC ANDREWS, 1986:24. |
| Footnote 28: | See UTRECHT, 1969:74. |
| Footnote 29: | RAJAGUKGUK, 1988:64. |
| Footnote 30: | The following remarks refer basically to GAUTAMA, 1972:39 ff. |
| Footnote 31: | GAUTAMA writes about this: " According to adat law, a person has a right to start exploiting land that is part of the so-called territory of the adat Community of which he is a member, as long as it is not under the possession of another party. In the event that the land is further cultivated by him, certain requisites should be fulfilled by him in accordance with the prevailing adat law in his adat community. If these requisites have been completely fulfilled, a certain legal relationship is formed between the person concerned and the land. This relationship can gradually develop into right of ownership with the characteristics described above. Right of ownership which has been created in such a way can also be registered at the Land Registry Office after obtaining approval from the Governor / Provincial Head concerned." (GAUTAMA, 1972:45) |
| Footnote 32: | Alongside the general regulations, there is also a special regulation, i.e. the regulation for granting rights of ownership to transmigrants. The Regulation of the DG of Agrarian Affairs and Transmigration No.3 / 1967 concerns utilization of land in transmigration areas and rights of land for the transmigrants and their families. (GAUTAMA, 1972:43) |
| Footnote 33: | "In theory, the conversion occurred automatically on Sept. 24th, 1960, even though its administration was to be implemented later." (GAUTAMA, 1972:42) |
| Footnote 34: | Government Regulation No. 38 / 1963. See GAUTAMA, 1972:41 |
| Footnote 35: | See DE HAAS-ENGEL, 7 / 1993:21 |
| Footnote 36: | "In the event that the land requested is part of the land under an Adat community’s right of disposal, it is necessary to give the so-called recognitie to the Adat community concerned, as a symbol of acknowledgment of their right to the land involved. The form and amount of recognitie can be mutually agreed upon with the Adat community concerned." (GAUTAMA, 1972:66) |
| Footnote 37: | See GAUTAMA, 1972:68 |
| Footnote 38: | See BARBER / CHURCHILL, 1987:21 |
| Footnote 39: | Article 53 of the BAL states: "(1) Rights which are of a temporary nature as meant in Article, 16, Paragraph (1), letter h, i.e. the right of mortgage, the right of sharecropping, the right to temporary occupation (hak menumpang) and the right of lease of agricultural land shall be regulated in order to limit aspects which are in conflict with these laws, and endeavours shall be made to abolish these rights within a short time." (BPN, 1993:18) |
| Footnote 40: | See BARBER / CHURCHILL, 1987:22 |
| Footnote 41: | See GAUTAMA, 1972:81 |
| Footnote 42: | See the Para. about the Basic Agrarian Law. |
| Footnote 43: | The Basic Forestry Law is currently under review. A draft of the new Basic Forestry Law should be available at the beginning of 1996. |
| Footnote 44: | See BARBER / CHURCHILL, 1987:33 ff |
| Footnote 45: | COLFER et al., 1993:78 |
| Footnote 46: | "When the BFL was passed in 1967, only 26 million ha of land were within the Forestry Department boundaries. In the reclassification, which was largely completed by 1983, the amount of land within the Forestry Department boundaries was increased to 113 million ha." (WORLD BANK, 1990:30) |
| Footnote 47: | COLFER et al., 1993:78 |
| Footnote 48: | COLFER et al., 1993:78 |
| Footnote 49: | The quantitative details come from the MoF, 1995:4 |
| Footnote 50: | See MoF, 1995:6 |
| Footnote 51: | "Protected areas cover nearly 25 % of Indonesia’s land mass or around 49 million hectares. Approximately 18.8 million hectares are strictly nature reserves (34 %), wildlife sanctuaries (20 %), national parks (42 %), recreation parks (0.2 %) and grand forest parks (3.8 %)." From a speech by Mr.SOEMARSONO, the DG of Forest Protection and Nature Conservation on 25th October, 1995 in Göttingen. |
| Footnote 52: | MoF, 1995:5 |
| Footnote 53: | Government Regulation No. 21 of 1970 Concerning rights of Forest Exploitation and Rights to Harvest Forest Products. (Peraturan Pemerintah Republik Indonesia Nomor 21 Tahun 1970 Tentang Hak Pengusahaan Hutan dan Hak Pemungutan Hasil Hutan) |
| Footnote 54: | Decree No. 151 / Kpts / V / 1991. See ISWANTO, 1993:97 |
| Footnote 55: | See BARBER / CHURCHILL, 1987:39 |
| Footnote 56: | See BARBER / CHURCHILL, 1987:43 |
| Footnote 57: | See BARBER / CHURCHILL, 1987:44 |
| Footnote 58: | See BARBER / CHURCHILL, 1987:46 |
| Footnote 59: | See MoF, 1995:3, "Most importantly, this Act stipulates severe sanctions for individuals convicted of harming natural resources or ecosystems." |
| Footnote 60: | This law is discussed more fully in HENSSEN, 1995:8 ff. |
| Footnote 61: | See BUNDSCHU, 1994:126 ff, HAERUMAN KARMANA, 1993:25 ff. |
| Footnote 62: | See DE HAAS-ENGEL, 1995:11 |
| Footnote 63: | BUNDSCHU, 1994:137 |
| Footnote 64: | See BUNDSCHU, 1994:141 ff |
| Footnote 65: | Titisara: Land ownership of the desa. Bondo desa and kas desa are used synonymously (BUNDSCHU, 1994:380; HAERUMAN KARMANA, 1993:26 f) |
| Footnote 66: | Norowito: Land ownership of the desa with individual temporary or inherited use rights (in Java). Synonyms: gogolan, pekulen, playangan, kesikepan (BUNDSCHU, 1994:368). |
| Footnote 67: | The systems presented here are by no means to be seen as a historical phenomenon, but instead, these traditional practices have been established in various empirical studies in recent times. They do not, however, exist in all villages. See for example HAERUMAN KARMANA, 1993:91 ff; RAJAGUKGUK, 1988:135 ff. |
| Footnote 68: | Religious foundation. An Islamic legal institution known as "waqf". See TER HAAR, 1948:144. |
| Footnote 69: | See BUNDSCHU, 1994:130 |
| Footnote 70: | See WORLD BANK, 1990:XV |
| Footnote 71: | WORLD BANK, 1990:XVIII |
| Footnote 72: | WORLD BANK 1990:49 |
| Footnote 73: | See WORLD BANK, 1990:XXI. The MoF sets the timber log production for 1994 at 21,3 million m3 (MoF, 1995:7) |
| Footnote 74: | See ISWANTO, 1993:20 |
| Footnote 75: | Industrial timber plantations with fast growing species (incl. eucalyptus deglupta). |
| Footnote 76: | See ISWANTO, 1993:74. "Firstly using ‘the average’ per
hectare volume of less than 20 m3 for trees with a diameter of 30 cm and upwards creates
an opportunity to fell the forests with a potential volume of above 20 m3, as long as the
average volume per hectare of whole areas is less than 20 m3. In the case of ITCI, the
average commercial timber volume of the entire areas is 19.59 m3 / ha However, this
area covers non-forested land (tidak berhutan) of 34,822 hectares which consists of brush
and shrubs, alang-alang grass land, agricultural land, base camp, settlement area and
swamp area. On forested land covering an area of 60,101 hectares, with a potential volume
of commercial timber per hectare for trees with a diameter exceeding 30 cm, the break-down
of the land is as follows:
|
| Footnote 77: | See ISWANTO, 1993:74 |
| Footnote 78: | See MoF, 1995:6 |
| Footnote 79: | Taken from HARDJONO, 1994:181 |
| Footnote 80: | See amongst others HAERUMAN KARMANA, 1993:80 ff, BUNDSCHU, 1994:196 ff |
| Footnote 81: | A common form of tenancy in the Garut District in West Java is the fixed-rent tenancy (sewa), by which a fixed amount of cash is paid in advance at the beginning of a crop year (around August). See HAYAMI and OTSUKA, 1993:114. |
| Footnote 82: | See HAERUMAN KARMANA, 1993:31 |
| Footnote 83: | See HAYAMI and OTSUKA, 1993:114 |
| Footnote 84: | See HAERUMAN KARMANA, 1993:32 |
| Footnote 85: | See PURNAMADEWI, 1995:35 |
| Footnote 86: | See amongst others HAYAMI and OTSUKA, 1993:114 ff, DEQUIN, 1978:34. According to BUNDSCHU, share tenancy agreements are known as "bagi hasil" which basically means "distribution of the harvest" (BUNDSCHU, 1994:199). |
| Footnote 87: | See BOOTH, 1988:172 |
| Footnote 88: | BUNDSCHU, 1994 |
| Footnote 89: | See DHARMAWAN, 1993:72 f. See also BUNDSCHU, 1994:213 f, where comparable sharing arrangements are reported about from West Sumatra. Share arrangements are also made in West Kalimantan for animal keeping: "For instance, the owner gives one or two piglets to someone, and the latter raises and takes care of them until the animals are big enough to be slaughtered. The animal owner should under such conditions share equally the animals’ offspring with the animals’ keeper as a reward for the latter’s work." See DHARMAWAN, 1993:73. Sharing also exists for rubber tapping and sago palms, coconut trees (for ten harvest days, the owner receives 5 days’ sugar sap and the climber also receives 5 days’ sugar sap (around 25-30 trees climbed per day) (RAJAGUKGUK, 1988) |
| Footnote 90: | See SUHENDAR, 1995:X |
| Footnote 91: | See SUHENDAR, 1995:18 |
| Footnote 92: | In the Priangan region, for example, it was recorded for 1905 that 559 households controlled more than 30 bau of land (1 bau = 0.7 ha.). |
| Footnote 93: | These census data should, of course, be interpreted with caution, since the data from 1983, for example, in comparison to the 1973 census "reflects more careful enumeration in 1983, rather than any actual increase in area"(BOOTH, 1988:286). "A further complication is that a considerable amount of former estate land is now cultivated by smallholders who do not possess legal title to it, and which may not be enumerated as smallholder land in Agricultural Censuses" (BOOTH, 1988:269). In addition, there are further problems of definition because "most of the categories into which land is usually divided in Indonesia (Sawah, Pekarangan, Tegalan) are basically Javanese and may not have the same meaning (or indeed much meaning at all) to farmers in Kalimantan or Sulawesi." In summary, BOOTH rights: "For a considerable time to come, it seems likely that land area figures for many regions outside Java will be little more than guesswork." (BOOTH, 1988:271) |
| Footnote 94: | BPS defines the land-holding farm household as follows: the land-holding farm household is a household where at least one member of the household is engaged in cereals, horticulture, estates, livestock, breeding, timber culture, fresh-water pond / paddy-field culture, and brackish water pond culture." (BPS-Seri-B1:XXXIV) |
| Footnote 95: | See BPS, Seri-B1, 1995:3 |
| Footnote 96: | See table 2, BPS SERI B 1, 1995:3 |
| Footnote 97: | See BPS, Seri-B1, 1995:47 ff |
| Footnote 98: | See KUHNEN, 1996:60 |
| Footnote 99: | See PUSPOSUTARDJO and SOETRISNO, 1994:4 |
| Footnote 100: | See PUSPOSUTARDJO and SOETRISNO, 1994:4 |
| Footnote 101: | See SUNDAWATI, 1993:16 |
| Footnote 102: | BOOTH, 1988:170 |
| Footnote 103: | see BOOTH, 1988:171 |
| Footnote 104: | BENDA-BECKMANN, 1991:82 |
| Footnote 105: | See LADEJINSKY, "Land reform in Indonesia" quoted in RAJAGUKGUK, 1988:86 |
| Footnote 106: | See RAJAGUKGUK, 1988:87 |
| Footnote 107: | See Peraturan Pemerintah Pengganti Undang Undang (The Government Regulation in lieu of Statute) No. 56 of 1960, Art 2 (1). Under specific conditions, 5 ha can be added to the 20 ha in certain areas in exceptional cases. (See RAJAGUKGUK, 1988:81) |
| Footnote 108: | See Peraturan Pemerintah Pengganti Undang Undang (The Government Regulation in lieu of Statute) No. 56 from 1960, Art. 11. (See RAJAGUKGUK, 1988:81) |
| Footnote 109: | See RAJAGUKGUK, 1988:174 |
| Footnote 110: | See GAUTAMA, 1972:80 f and BUNDSCHU, 1994:115 |
| Footnote 111: | See BUNDSCHU, 1994:115 f |
| Footnote 112: | See BUNDSCHU, 1994:204 |
| Footnote 113: | HAERUMAN KARMANA, 1993:94 |
| Footnote 114: | Government Regulation No. 224 / 1961 |
| Footnote 115: | Tenancy regulations based on the BAL and the Sharecropping Law have been a dead letter. See HAYAMI and OTSUKA, 1993:108. |
| Footnote 116: | RAJAGUKGUK, 1988:260. In addition to this, "the percentage of ‘unidentified’ landowners from the view point of tenant’s in Indramayu and Cianjur (West Java) accounted to 17.9 % and 11.7 % respectively. The existence of unidentified owners indicate the impersonal relationship between the tenants and their expected landowners. This condition gives an opportunity to the emergence of "new capitalist" farmers in the village, as intermediary who act on behalf of the "true land owners" (HAERUMAN KARMANA, 1993:94) |
| Footnote 117: | See UTAMA, 1995. It is possible to acquire several citizens’ cards which means of course that in various towns, land can be acquired quite "legally" in various regions. |
| Footnote 118: | BUDIONO, 1995:61 |
| Footnote 119: | BUDIONO, 1995:74 |
| Footnote 120: | HAERUMAN KARMANA, 1993:97 |
| Footnote 121: | See POMPE, 1990:351 |
| Footnote 122: | See TER HAAR, 1948:7 ff, who described the 19 law areas individually. |
| Footnote 123: | VON VOLLENHOVEN spoke in 1909 of
"beschikkingsrecht" (TER HAAR,
1948:81) and identified 6 characterisitics of hak ulayat: 1. The community and its members are free to use uncultivated land within the hak ulayat area (to clear land, establish hamlets, gather, hunt, etc.); 2. Outsider may do the same only with permission of the community and they commit a felony if they do otherwise; 3. Sometimes the community members must pay a tithe or fee (outsiders are always required to do this); 4. The community is liable for crimes committed in the hak ulayat area if no perpetrator can be found; 5. The hak ulayat can never be transferred permanently; 6. The hak ulayat, to varying degrees, always retains its influence over land cleared by individuals within the hak ulayat area. (VAN VOLLENHOVEN, quoted in EVERS, 1995:3) |
| Footnote 124: | See EVERS, 1995:4 |
| Footnote 125: | See EVERS, 1995:3 |
| Footnote 126: | See EVERS, 1995:6 |
| Footnote 127: | EVERS writes that "it is argued (amongst others by the National Land Agency / BPN) that the State Control authorized by the BAL has taken over the land ‘management’ task of the various traditional communities and that the various ‘hak ulayat’ whereby the role of the community leaders has been taken over by the State. Following this train of thought, individuals (i.e. Indonseian citizens) obtain ‘user’ rights to land, but the ‘community’ (i.e. the State) retains the power to revoke or annul these rights if this is desirable in the interest of the ‘community’. The traditional ‘hak ulayat’ of the communities has been absorbed by the ‘hak ulayat’ of the Indonesian nation, hence there is no longer a basis for maintaining traditional communal lands and therefore all lands can now be individualized."(EVERS, 1995:9) |
| Footnote 128: | The following remarks refer in particular to the studies of DHARMAWAN, 1993 (West Kalimantan); BARBER / CHURCHILL, 1987 (Irian Jaya); BENDA-BECKMANN, F.v., 1990; BENDA-BECKMANN F.v. and K.v., 1994 (Ambon); BUNDSCHU, 1994 (Central Java, Bali, Sumatra), VEL, 1994 (Sumba); ZERNER, 1994 (Maluku Island), all of whom have made empirical studies in recent times. |
| Footnote 129: | Taken from RAJAGUKGUK, 1988:162 f |
| Footnote 130: | See TER HAAR, 1948:82 |
| Footnote 131: | The felling of trees (which are the homes of gods) in particular regions is also not permitted for individual use (e.g. Bali). BUNDSCHU, 1994:92) |
| Footnote 132: | BUNDSCHU, 1994:92 f |
| Footnote 133: | TER HAAR, 1948:113 |
| Footnote 134: | TER HAAR, 1948:110 |
| Footnote 135: | TER HAAR, 1948:112 |
| Footnote 136: | VEL, 1994:140 |
| Footnote 137: | See DHARMAWAN, 1993:68 |
| Footnote 138: | TER HAAR 1948:87 |
| Footnote 139: | See BARBER / CHURCHILL, 1987:53 |
| Footnote 140: | BARBER / CHURCHILL, 1987:53 |
| Footnote 141: | SUHENDAR, 1994:VII |
| Footnote 142: | SUHENDAR, 1994:VII |
| Footnote 143: | See BARBER / CHURCHILL, 1987:138 |
| Footnote 144: | Daerah Pembangunan: a development area. |
| Footnote 145: | Tanah terlantar: land presumed abandoned as opposed to land cultivated continuously and intensively. |
| Footnote 146: | HARDJONO, 1986:32 |
| Footnote 147: | SKEPHI and KIDDELL-MONROE, 1993:249 |
| Footnote 148: | HARDJONO, 1986:48 |
| Footnote 149: | See SKEPHI and KIDDELL-MONROE, 1993:241 |
| Footnote 150: | See BUDIONO, 1995 |
| Footnote 151: | See SUHENDAR, 1994:VIII |
| Footnote 152: | MYERS found in Mozambique: "A growing number of land disputes are taking place ... particularly in areas that have a large concentration of displaced populations and in regions where the demand for land is high and investments are occurring. (MYERS, 1995:29) |
| Footnote 153: | See SUHENDAR, 1994: IX |
| Footnote 154: | See SUHENDAR, 1994:IX |
| Footnote 155: | See DE HAAS-ENGEL, 1995:15 |
| Footnote 156: | See RAJAGUKGUK, 1994:623 |
| Footnote 157: | RAJAGUKGUK, 1994:626 |
| Footnote 158: | "According to Indonesian Law, land for which compensation has been fully paid by the state is state owned, and nobody has the right to use such land without prior consent of the State." (See UUPA 1960, Art. 18. See also Law No. 20 / 1961 concerning land acquisition for the public interest, RAJAGUKGUK; 1994:627) |
| Footnote 159: | See RAJAGUKGUK 1994:628, 1988:78 |
| Footnote 160: | See DE HAAS-ENGEL, 1995:17 ff |
| Footnote 161: | See DE HAAS-ENGEL 1995:2 |
| Footnote 162: | See LEV:200 |
| Footnote 163: | See LEV:205 |
| Footnote 164: | See LEV:209 |
| Footnote 165: | See BARBER / CHURCHILL, 1987:167 |
| Footnote 166: | Extensive information about WAHLI can be found in FRINGS, 1991:101 ff. WALHI is an umbrella organization for more than one hundred non-governmental and social activist groups scattered across the archipelago. (See also ZERNER, 1994:1100) |
| Footnote 167: | See GTZ-SFMP, 1994 |
| Footnote 168: | See INDOC, 1988. The part played by the LBH Yogyakarta in the World Bank Project Kedungombo is described here. |
| Footnote 169: | See FRINGS, 1991:116 |
| Footnote 170: | From the LBH brochure "Aims" quoted by FRINGS (FRINGS, 1991:161) |
| Footnote 171: | ZERNER, 1994:1082 |
| Footnote 172: | Sasi: a varied family of customary practices and laws (or rules) which establish limitation of access to individually or collectively controlled territory and / or resources. To place sasi on an area means to put into effect a time-limited prohibition on entry and behavior within that area. Individual trees , as well as entire regions of orchard lands or "wild forest", might be placed under sasi (ZERNER, 1994:1118) |
| Footnote 173: | See ZERNER, 1994:1114 |
| Footnote 174: | See BARBER / CHURCHILL, 1987:170 f |
| Footnote 175: | See MAGNUS-SUSENO, 1989:65; FRINGS, 1991:34 |
| Footnote 176: | See FRINGS, 1991:38 |
| Footnote 177: | MAHONEY, 1981:178 |
| Footnote 178: | See BUNDSCHU, 1994:71 |
| Footnote 179: | See GUINNESS, 1994:302 |
| Footnote 180: | ABDURAHMAN, 1988 cit. in EVERS, 1995:13 |
| Footnote 181: | BARBER / CHURCHILL, 1987:73 |
| Footnote 182: | SUMARDJONO / YUS / ISMAIL. 1996:47 |
| Footnote 183: | The section about the Dayak on West Kalimantan is based on SUMARDJONO / YUS / ISMAIL, 1996:10-15. |
| Footnote 184: | The section about the Dani is based on BARBER / CHURCHILL, 1987:69-75 |
| Footnote 185: | This section is based in the main on the studies of HENSSEN, 1995, MAHONEY, 1981, SULLIVAN, 1992, WICAKSONO, 1993. |
| Footnote 186: | SULLIVAN, 1992:136 |
| Footnote 187: | See SULLIVAN, 1992:150 |
| Footnote 188: | This section is based on HENSSEN, 1995. |
| Footnote 189: | HENSSEN, 1995:23. |
| Footnote 190: | HENSSEN, 1995:24. |
| Footnote 191: | The role and function of the BPN at the central level are set out in the directives of the head of the BPN, No. 11 / KBPN / 1988. |
| Footnote 192: | HENSSEN, 1995:25 |
| Footnote 193: | HENSSEN, 1995:25 |
| Footnote 194: | Statement by Mr Bambang, BPN, 17.1.96 |
| Footnote 195: | This section is based predominantly on BARBER / CHURCHILL, 1987. |
| Footnote 196: | MoF,1995:12 |
| Footnote 197: | See WORLD BANK, 1990:XXII |
| Footnote 198: | BARBER / CHURCHILL, 1987:38 |
| Footnote 199: | There is no distinct information in the relevant literature about whether or not sharecropping arrangements have reduced, increased or have remained constant in numbers and extent in the course of time. (See BREMAN, 1995:38 f) |
| Footnote 200: | See BREMAN, 1995:18 ff |
| Footnote 201: | HUGO, 1985:62 cited in BREMAN, 1995:22 |
| Footnote 202: | See BREMAN, 1995:40 |
| Footnote 203: | See KUHNEN, 1996:46 |
| Footnote 204: | Official documents of the Dinas Perkebunan in the Province of North Sumatra from 1989 show, for example, that squatters occupy around 9,000 ha on 26 private plantations run by Indonesians and 250 ha on 7 plantations run by foreigners. (See BUNDSCHU, 1994:129) |
| Footnote 205: | See SARAGIH et al., 1994:33 |
| Footnote 206: | See BACHMANN, 1995:47 |
| Footnote 207: | See BPS (Biro Pusat Statistics), 1993:1 |
| Footnote 208: | JaBoTaBek is the acromyn for Jakarta, Bogor, Tangerang und Bekasi. |
| Footnote 209: | According to ANWAR and PAKPAHAN, one can observe diseconomies of scale in core regions like Jabotabek. In these core regions which are growing beyond the economically optimum size, land must be made available for both the existing and new businesses and households in the region |
| Footnote 210: | See STEINBERG, 1992:21 |
| Footnote 211: | HARDJONO draws attention to another aspect: "With construction now an important sector in the economy, there has been rapid growth in subsidiary activities to meet the demand for building materials, which include land-fill, lime, bricks, tiles and cement. The digging of open quarries close to urban areas to obtain land fill material has created huge holes and rendered the land virtually useless for any other purpose (HARDJONO, 1994:197). |
| Footnote 212: | According to estimates, the towns on Java are expanding at a rate of more than 15,000 ha / year. |
| Footnote 213: | Thus does occur in spite of an existing law which prohibits a conversion of irrigated areas for sawah in urban development regions. |
| Footnote 214: | See Biro Pusat Statistik, Sensus Pertanian Seri A2, 1994:29 |
| Footnote 215: | According to ANWAR and PAKPAHAN, there is no more land available for planting more sawah, or rather the planting of more sawah would be too expensive (ANWAR and PAKPAHAN, 1990). |
| Footnote 216: | See BACHMANN, 1995 |
| Footnote 217: | See WORLD BANK, 1990:46 |
| Footnote 218: | See HARDJONO, 1994:196 |
| Footnote 219: | See STEINBERG, 1992:15 f |
| Footnote 220: | The following explanations are based above all on ARCHERS, 1994:38 |
| Footnote 221: | See WICAKSONO, 1993:63 |
| Footnote 222: | See STEINBERG, 1992:17 |
| Footnote 223: | See ARCHER, 1994:40 |
| Footnote 224: | See STEINBERG, 1992:16 |
| Footnote 225: | Other estimates assume that 27 % of the 650 kilometer2 city of Jarkata is covered by certificates. |
| Footnote 226: | See DE HAAS-ENGEL, 1995:4 f |
| Footnote 227: | See BARBER / CHURCHILL, 1987:37 |
| Footnote 228: | See STEINBERG, 1992:20 |
| Footnote 229: | See WORLD BANK, 1990:164 |
| Footnote 230: | See DE HAAS-ENGEL, 1995:3 |
| Footnote 231: | See BUNDSCHU, 1994:198 |
| Footnote 232: | See RAJAGUKGUK, 1988:134 |
| Footnote 233: | RAJAGUKGUK, 1988:137 |
| Footnote 234: | cf. FAO, 1995:16 f, RAJAGUKGUK, 1988:137 ff amongst others |
| Footnote 235: | BUDIONO, 1995:49 f |
| Footnote 236: | BUDIONO, 1995:59 |
| Footnote 237: | See RAJAGUKGUK, 1988:176 f |
| Footnote 238: | A notary or government official licensed to prepare deeds and documents regarding transfers of and titles to land (BARBER / CHURCHILL, 1987:276) |
| Footnote 239: | KOMAR ANDASASMITA, 1989:16 |
| Footnote 240: | See DE HAAS-ENGEL, 1995:7 |
| Footnote 241: | See DE HAAS-ENGEL, 1995 |
| Footnote 242: | See DE HAAS-ENGEL, 1995 |
| Footnote 243: | The following submissions are in reference to the Sanggau District statistics for 1991 and are taken from SUNDAWATI. (1993:14 ff) |
| Footnote 244: | See SUNDAWATI, 1993:14 |
| Footnote 245: | These official figures must be interpreted with caution. There is hardly any exact data in particular about the exact extent of the shifting cultivation areas including fallow areas. |
| Footnote 246: | See SUNDAWATI, 1993:16 |
| Footnote 247: | SUMARDJONO / YUS / ISMAIL, 1996:4. This part is heavily based on the study by SUMARDJONO / YUS / ISMAIL . |
| Footnote 248: | See SUMARDJONO / YUS / ISMAIL, 1996:6 |
| Footnote 249: | The term Temenggung is used only in relation to the highest leader in the district of West Kalimantan. DHARMAWAN talks about Tumenggung (see DHARMAWAN, 1993:56). Among other Dayak tribes, the highest leader of a traditional group is called, for example Singa, Patiraja, Macan, Panggawa or Panglima. (See SUMARDJONO / YUS / ISMAIL, 1996:11) |
| Footnote 250: | See SUMARDJONO / YUS / ISMAIL, 1996:12 |
| Footnote 251: | See DHARMAWAN, 1993:55 |
| Footnote 252: | See SUMARDJONO / YUS / ISMAIL, 1996:14 |
| Footnote 253: | See SUMARDJONO / YUS / ISMAIL, 1996:14 |
| Footnote 254: | See SUMARDJONO / YUS / ISMAIL, 1996:24 |
| Footnote 255: | COLFER et al., 1993:80. A Government regulation on the reversion of "neglected land" (tanah terlantar, i.e. land handed out but not used in time) to the state is under consideration. (See GTZ-SFMP, 9 / 94:3) |
| Footnote 256: | See COLFER et al., 1993:80 |
| Footnote 257: | COLFER, et al., 1993:80 |
| Footnote 258: | See SUNDAWATI, 1993:4 |
| Footnote 259: | See EVERS, 1995:4 |
| Footnote 260: | See SUMARDJONO / YUS / ISMAIL, 1996:20 |
| Footnote 261: | See SUMARDJONO / YUS / ISMAIL, 1996:22 |
| Footnote 262: | Tanah tembawang can be defined as a plot of land which contains one or very often a number of big local fruit trees (such as durian, rambutan, and tengkawang) which is usually considered as a "natural conservation area" by the local community. (See DHARMAWAN, 1993:70) |
| Footnote 263: | See COLFER et al., 1993:79 |
| Footnote 264: | See COLFER et al., 1993:79 |
| Footnote 265: | Taken from COLFER, et al., 1993:80 |
| Footnote 266: | See SUMARDJONO / YUS / ISMAIL, 1996:32 |
| Footnote 267: | See SUMARDJONO / YUS / ISMAIL, 1996:33 |
| Footnote 268: | See MoF, 1995:3. "Most importantly, this Act stipulates severe sanctions for individuals convicted of harming natural resources or ecosystems." |
| Footnote 269: | There are various terms for these Dayak-controlled regions: Daleh Umma, Gupung Adat, Ompu, Watas Ompu. (See SUMARDJONO / YUS / ISMAIL, 1996:14 f) |
| Footnote 270: | See SUMARDJONO / YUS / ISMAIL, 1996:18 f |
| Footnote 271: | See SUMARDJONO / YUS / ISMAIL, 1996:19 |
| Footnote 272: | See SUMARDJONO / YUS / ISMAIL, 1996:36 |
| Footnote 273: | See SUMARDJONO / YUS / ISMAIL 1996:37 |
| Footnote 274: | See DHARMAWAN, 1993:47 f |
| Footnote 275: | See SUMARDJONO / YUS / ISMAIL, 1996;41 |
| Footnote 276: | LYNCH describes similar community-based social forestry programs in the Philippines and the "Joint Management Agreement (JMA)" between a Forest Protection Committee and the Forest Department in West Bengal (LYNCH, 1992:5 f). |
| Footnote 277: | The Social Forestry Development Project, Sanggau District, West Kalimantan talks about PFMA (Participatory forest Management). |
| Footnote 278: | MoF, 1995:10 |
| Footnote 279: | See ARNDT, 1983:50 |
| Footnote 280: | See SKEPHI AND KIDDELL-MONROE, 1993:246. Today, Lampung has the same population density problems as Java. |
| Footnote 281: | See ZIMMERMAN, 1991:56 |
| Footnote 282: | See BOOTH, 1988:92 |
| Footnote 283: | See WORLD BANK, 1988:XV |
| Footnote 284: | See HORCH, 1991:56; BUNDSCHU, 1994:64 |
| Footnote 285: | See HORCH, 1991:57 |
| Footnote 286: | See GTZ-SFMP, 9 / 1994 |
| Footnote 287: | See HARDJONO, 1986:40 |
| Footnote 288: | See HORCH, 1991:57 |
| Footnote 289: | See DESCH, 1995:18 f |
| Footnote 290: | See HORCH, 1995:57. There are no exact details about the extent of land which have been put under cultivation. It is estimated that ca. 50,000 ha (during the colonial period) and 150,000 ha (1951 - 1969) were re-cleared through transmigration (see BOOTH, 1988:94). |
| Footnote 291: | See HORCH, 1991:57 |
| Footnote 292: | See HORCH, 1991:56 |
| Footnote 293: | See WORLD BANK, 1988:XVIII f |
| Footnote 294: | See BUNDSCHU, 1994:276 f |
| Footnote 295: | See NESP-OPHIR, Evaluation Report, 1992 |
| Footnote 296: | See BUNDSCHU, 1994:277 |
| Footnote 297: | See BUNDSCHU, 1994:279 |
| Footnote 298: | It is, however, unclear, whether or not these figures relate to all PIR Projects, or only to PIR-KHUSUS Projects. |
| Footnote 299: | See GTZ-SFMP, 9 / 1994 |
| Footnote 300: | See GTZ-SFMP, 11 / 1994 |
| Footnote 301: | This corresponds to about 12.5 % of the growth (at 200,000 resettled people per year) going from an assumed absolute growth on Java of 8 million inhabitants between 1990 and 1995. |
| Footnote 302: | See WORLD BANK, 1988:XXIX |
| Footnote 303: | See HARDJONO, 1977:40 |
| Footnote 304: | HARDJONO, 1977:41 |
| Footnote 305: | SKEPHI and KIDDELL-MONROE, 1993:255 |
| Footnote 306: | SKEPHI and KIDDELL-MONROE; 1993:255 |
| Footnote 307: | See BUNDSCHU, 1994:349 |
| Footnote 308: | At the beginning of the 90s, the costs of the transmigration programme per family were estimated at US$ 10,000 - 12,000 (see HORCH, 1991:57). |
| Footnote 309: | See BARBER / CHURCHILL, 1987:148 |
| Footnote 310: | BARBER / CHURCHILL, 1987:146 f |
| Footnote 311: | See HARDJONO, 1977:39 |
| Footnote 312: | See BACHMANN, 1995:44 |
| Footnote 313: | See BARBIER, 1989, 887 |
| Footnote 314: | The size of a Mining Authorization Area for General Survey should not exceed 5,000 ha (The Law on the Basic Provisions of Mining). |
| Footnote 315: | See GTZ-SFMP, 9 / 1994 |
| Footnote 316: | See Appendix |
| Footnote 317: | See ARCHER, 1994:43 |
| Footnote 318: | Keynote address presented on the occasion of the opening of the Indonesian-German seminar on Rural Land Consolidation, Puncak / Indonesia, October 2-5, 1995 (HARSONO, 1994:3 f) |
| Footnote 319: | The regulation No. 4 / 1991 "stated the principle of landowner payment of project costs, and authorized the allocation of the land parcels and plots for cost recovery." (ARCHER, 1993:43) |
| Footnote 320: | See HENSSEN, 1995:11 |
| Footnote 321: | See KOLLMER / EITEL, 1995:34 |
| Footnote 322: | See HENSSEN, 1995:11 |
| Footnote 323: | See BPN, 1993:7 f |
| Footnote 324: | See KOLLMER / EITEL, 1995:35 |
| Footnote 325: | See WICAKSONO, 1993:26 ff |
| Footnote 326: | See BPN, 1993:9 f |
| Footnote 327: | See KOLLMER / EITEL, 1995:35 |
| Footnote 328: | See BPN, 1993:8 |
| Footnote 329: | See HENSSEN, 1995:6 f |
| Footnote 330: | See ARCHER, 1995:44 f |
| Footnote 331: | See MAKMOEN SOELEIMAN, 1995 |
| Footnote 332: | The company P.T. Perkebunan dan Pengolahan Minyak Kelapa Sawit MINANGA OGAN (PTP: Minanga Ogan) was established in Palembang on 11.07.1981 (MAKMOEN SOELEIMAN, 1995:3). |
| Footnote 333: | Marga: genealogical unit. Marga is used to mean the largest unit as well as the lower levels of the genealogical organization (see BUNDSCHU, 1994:372) |
| Footnote 334: | The regulation concerning village cash is stipulated by the Minister of Home Affairs, in the letter No. 143 / 3003 / PUOD, dated August 8th, 1989, directed to all Governors, with the purpose of collecting funds to finance Anggaran Pendapatan dan Pembiayaan Kegiatan Desa (finance for Village Activities). (MAKMOEN SOELEIMAN, 1995:36) |
| Footnote 335: | See HENSSEN, 1995:2 |
| Footnote 336: | See KOLLMER / EITEL; 1995:44 |
| Footnote 337: | See HARSONO, 1995:3 |
| Footnote 338: | See BARBER / CHURCHILL, 1987:111 |
| Footnote 339: | Asian Development Bank, 1994:5 |
| Footnote 340: | Today BPN |
| Footnote 341: | This is an ad hoc committee (Panitia A) under the chairmanship of the Bupati with a BPN staff member as executive secretary, and staff from sectoral agencies, the subdistrict head as well as the village head. |
| Footnote 342: | Unfortunately there are no exact figures about how many people live in or from forest areas in Indonesia. According to information from the World Resource Institute, circa 40 to 71 million people are directly dependent upon State controlled forest areas in Indonesia (LYNCH, 1992). |
| Footnote 343: | LYNCH describes similar community-based social forestry programs in the Philippines and the "Joint Management Agreement (JMA)" between a Forest Protection Committee and the Forest Department in West Bengal (LYNCH, 1992:5 f). |
| Footnote 344: | The Social Forestry Development Project, Sanggau District, West Kalimantan talks about PFMA (Participatory Forest Management). |
| Footnote 345: | MoF, 1995:10 |
| Footnote 346: | See MoF, 1995:16 |
| Footnote 347: | 1. Agroforestry in Java with teak plantations. 2. Community forests with cash crops on private land. 3. HPH Bina desa, the Village Development Schemes, which are designed to increase the contribution of concessionaires to the economy of the population residing in or surrounding the forests. By May 1995, more than 543 villages and 356 timber concessions have been participating in the scheme (MoF, 1995:16). |
| Footnote 348: | MAHRUS describes examples in his empirical village study from Central Kalimantan about the HPH Bina desa Hutan Programme: "The failure of the Forest Village Development Programme (HPH Bina Desa Hutan) is attributed by this case study to several factors: namely inadequate planning, unclear identification of target groups, the absence of a filed officer, insufficient coordination and cooperation, and insufficient control." (MAHRUS, 1995:68). LYNCH points out the "the Java Social Forestry Program, meanwhile, grants tenurial rights for only two years or less. The program has made only modest success toward facilitating genuine participation in forest management through the formation of farmer groups and conclusion of joint management contracts." (LYNCH, 1992:6) |
| Footnote 349: | See EVERS, 1995:18 |
| Footnote 350: | One of these two projects established a management plan for the Hatam people, part of whose lands had been designated the Arfak Mountains Strict Nature Reserve. The other one is the Wasur National Park Project (see COLCHESTER, 1994:38 f). |
| Footnote 351: | COLCHESTER, 1994:39 |
| Footnote 352: | The following information comes from World Bank documents. |
| Footnote 353: | See SUMARDJONO / YUS / ISMAIL, 1996:49 |
| Footnote 354: | The National Land Agency, Workshop Proceedings of the International Workshop on the Implementation of Rural Land Consolidation, Ciloto, West Java, 3-5 October 1995, Published by the National Land Agency, December 1995. |