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Abstract:
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"Forest land had been historically recognized as a common property resource on islands outside Java. The common forest land property right is known to form one of the components of the traditional law of the indigenous people in 19 different parts of Indonesia.
"The right to utilize the forest and the vegetation on that land (covering the extraction of the wood and non-wood forest products) is attached to the household or to the clan. The status of the common property right varies with the ethnic group concerned and thus with the location. It is also determined by the characteristic of the process; and the course of the development during and after the termination of the Dutch administration.
"It was in 1960 that the Government of Indonesia passed the Agrarian Law in which the requirements for the forest land's Common Property Rights were specified. The Philosophy of the Agrarian Law is essentially based on the principle adopted in the traditional law. In the Agrarian Law of 1960, it is formulated that 'the State' instead of the village, the hamlet, the clan, or the household which have the right to manage the land, unless such right had been officially declared by the State.
"As most of the common property land resources are covered by forest, some problems in the implementation of the Agrarian Law are associated with the development of forestry. During the last 5 years there is a growing demand by the local people inhabiting areas in and around the forest to have the right to manage the respective forest land as their Common Forest Land Resource.
"In this paper alternatives are proposed to overcome the problems by taking into consideration the stage of the forestry development, the heterogeneity of the culture of different ethnic groups, the fund resource available in the local community, the national demand of the wood and non-wood forest products for domestic consumption as well as for export, the sustainable production of the forest, and the distribution of responsibility in the management of the forest to the local community, to the private sector and to the Government."
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