'The Tragedy of the Commons': Property Rights and Oang Asli Marginalization

Abstract

"Based on an empirical research in Jambi-Sumatera, this paper presents an analysis of 'orang asli' (native settlers) marginalization due to their dependency to common resources. In Sungai Aur and Sungai Rambut village, Jambi, the social structure of the local community consists of 'orang asli' (native settlers) and 'pendatang' (migrants). In both villages, there are three types of landownership: private, village and state land. For local people and migrants, village land is transferrable into individual property under the village head's consent. However, native settlers control the transferability of the village land. Both communities are also entitle to access the village land/agrarian resources under village property right, as long as it is not yet individually owned. But, the state-owned land, such as Berbak National Park, is inaccessible, including the land that has already handed over to private company' s control (based on concession right).

"The village-owned land status, although it presents inclusive common resources where the community has a right to use and access it, does not automatically bring responsibilities to sustain its condition. In the case of state owned-land, the community does not hold any property right over the Berbak National Park area. The Park is 'yours', and therefore, any rehabilitation act will not be seen as a benefit since there is no resource withdrawal assurance is in the hands of the community. Hitherto, granting a shared property right to the local community is actually transforming 'yours' to 'ours'; the gap is eliminated.

"Because of an unclear property right institution, the community is not only marginalized vertically by the state, but horizontally, 'orang asli' community suffers from a double marginalization. Discriminative aids, which concern only to private farmland, have ignored 'orang asli' dependency to common resources."