Journal article
Locating Rural Communities and Natural Resources in Indonesian Law - Decentralization and Legal Pluralism in the Lore Lindu Forest Frontier, Central Sulawesi



Publication Details
Authors:
Burkard, G.
Publication year:
2009
Journal:
Journal of Agriculture and Rural Development in the Tropics and Subtropics
Pages range:
25-41
Volume number:
169
Start page:
25
End page:
41
ISSN:
1612-9830

Abstract
The traditional open access regime and political centralism under the Suharto Era left local communities without organizational and regulatory structures in the management of natural resources. Recent processes of political decentralization and local autonomy offer chances for more rural participation and a stronger involvement of local communities in natural resource control. However, processes of effective empowerment and rule creation at the local level are impeded by a series of intervening factors. Thus, the division of authority and responsibility among different village institutions is not conclusively regulated in the state regulations. The devolution of rights related to local resource management remains mainly confined to so-called customary law communities, leaving no chances for communities which lack the necessary, state-defined indicators. In contrast to the laws on regional autonomy, the Forestry Law and other sectoral laws are only weakly dedicated to decentralization. Indonesian policy lacks both, an integrated vision and an integrated legal framework for the management of protected areas. Instead, the sectoral character of the Indonesian law does neither support the establishment of a co-ordinated management plan for the resources surrounding the villages, nor does it offer meaningful guidance for community empowerment. Laws and regulations regulating NRM in direct manners offer often less opportunity for local communities to manage their resources autonomously compared with legal devices regulating resource use in indirect manners. The room of manoeuvre of the forest margin communities in the Lore Lindu region is further limited by their buffer zone position in regard to the zoning scheme of the National Park.

Last updated on 2019-25-07 at 20:02