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

Safitri, M.A.

Citation

Safitri, M. A. (2010, December 15). Forest tenure in Indonesia : the socio-legal challenges of securing communities' rights. Retrieved from https://hdl.handle.net/1887/16242

Version: Not Applicable (or Unknown)

License: Licence agreement concerning inclusion of doctoral thesis in the Institutional Repository of the University of Leiden

Downloaded from: https://hdl.handle.net/1887/16242

Note: To cite this publication please use the final published version (if applicable).

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Propositions relating to the dissertation Forest Tenure in Indonesia – The socio-legal challenges of securing communities’rights by Myrna Asnawati Safitri

1. An integrated land administration applied to both Forest Areas and non-Forest Areas in Indonesia is a necessary condition for securing state and communities’

rights on land and resources.

2. The complex situations of the so-called forest communities and dwellers in Indonesia require different models of legalization of their rights to forest land and resources: recognition, integration and incorporation.

3. If the Indonesian government wants to achieve forest sustainability through policies of community-based forest management, it should make economically and socially valuable resources available to the community.

4. Responsive bureaucrats and institutionalized complaint mechanisms in regional institutions are essential to achieve social & environmental justice in

decentralizing Indonesia.

5. Community forest tenure can be fully secured by harmonizing the norms, practices and perceptions of all tenure actors.

6. To resolve tensions between state law and community norms concerning forest tenure, intermediate arrangements are needed for mutual adjustment to those norms.

7. Securing community property rights requires not only legislation framing lawful forest management but also active and responsive local institutions run by state and community.

8. People’s migration is a factor that is not sufficiently recognized in literature on property rights.

9. Participatory-action research contributes significantly to socio-legal analyses due to its ability to provide first-hand and non-speculative data.

10. A research on complex socio-legal realities demands from the researcher not only that he/she combines and adjusts concepts, methods and analyses of legal and social sciences but also that she humbly accepts local realities as truth, rather than social or legal ideologies.

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