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Abstract:
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"Legalizing land rights has inspired by Hernando De Soto to transforming informal property rights he prefers to use the term extra-legal arrangements into formal rights. According to De Soto, legalization of property rights is central in creating more security of tenure to land, and that this tenure security will induce higher investments, which in turn will lead to economic growth and poverty reduction. However, it remains to be seen how such legalizations can be successfully carried out to communal land rights in areas like Indonesia that characterized by a fragmented legal framework of land tenure; an imbalanced allocation of land to the state, private companies, and people; and tight competition for land rights amongst local people. This paper disscus the impact of legalizing customary land tenure in a last decade of Indonesian law reform. This topic is important to look how process and impact of legalizing customary land tenure to the structure of land tenure, economy and ecology that faced by community. This paper consists of five section. Firstly, an introduction and description of latest Indonesian law reform regarding accommodation of customary land in legislation. Secondly, it show trend of legalizing customary land tenure by local government in decentralization spirit post-New Order. Thirdly, describing the process and lesson learned in legalizing communal customary land tenure of Baduy Community. Fourth, show the process and obstacle in legalizing privat customary land for Dayak Community at Kalawa Village. The last section concluding impact of legalizing customary land regarding land tenure change, exclusion and relation of land tenure post-legalization."
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