Forest tenure in Indonesia : the socio-legal challenges of securing communities' rights

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Forest tenure in Indonesia : the socio-legal challenges of securing communities' rights

Type: Doctoral Thesis
Title: Forest tenure in Indonesia : the socio-legal challenges of securing communities' rights
Author: Safitri, M.A.
Issue Date: 2010-12-15
Keywords: Community-based forest management
Decentralization
Indonesian land and forest law
Justice and climate change
Lampung forest tenure
Land conflicts
Property rights
REDD
Social and environmental
Tenure security concept
Abstract: The concepts, policies, laws and practices regarding community-based forest management have changed over time. However, their objective is constant, namely to fight forest destruction and poverty and to resolve conflicts regarding forest tenure. Securing community forest tenure is a way for achieving this objective. Forest tenure security, however, requires more than legalisation of community property rights by state law. It results from an interplay between state and/or community normative systems, actual practices and actors’ perceptions. Legalisation of rights by state institutions is only one facet of security, more specifically legal security of forest tenure that will be determined by the rights’ robustness, proper duration and strong legal protection. The security of community forest tenure will be also achieved through the ability of social norms to secure the rights of ordinary people. In addition, the consistent enforcement of the rules or norms by the officials or local authorities is necessary and the behaviour of these officials and local authorities must be in line with the interests and perception of the majority of community members. Last but not least, efforts of securing communities’ rights must take into consideration the specific history of land tenure and conflicts.
Promotor: Supervisor: Otto J.M.
Faculty: Faculty of Law
University: Leiden University
Handle: http://hdl.handle.net/1887/16242
 

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application/pdf Chapter 1 Introduction 1.383Mb View/Open
application/pdf Chapter 2 1.247Mb Under embargo
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application/pdf Chapter 9 1.759Mb View/Open
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application/pdf Chapter 11 2.296Mb Under embargo
application/pdf Chapter 12 2.245Mb View/Open
application/pdf Epilogue 576.5Kb View/Open
application/pdf References 1.241Mb View/Open
application/pdf Summary 265.8Kb View/Open
application/pdf Summary in Dutch 310.1Kb View/Open
application/pdf Glossary_Appendices_Curriculum vitae.pdf 759.7Kb View/Open
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