Whose Resources? Whose Common Good?

The report analyzes the historical and legal mechanisms used by the Indonesian state to usurp natural resources from local communities, from Dutch colonial 'Domain Declarations' to the New Order's centralized forestry laws. It argues that the state's narrow definition of 'national interest' as commercial extraction has led to widespread deforestation, human rights abuses, and poverty. The authors propose a shift toward recognizing private community-based property rights (CBPRs) and a reinterpretation of the Indonesian Constitution (Articles 18 and 33) to prioritize local welfare and sustainable management over state-led commercial exploitation. It highlights local initiatives, such as community mapping and co-management agreements in West Papua and Kalimantan, as precedents for substantive reform.

• The Indonesian state's approach to natural resources is rooted in colonial 'Domain Declarations' (Domeinverklaring), which classified any land not under continuous cultivation as 'waste land' and thus state property, effectively erasing community-based property rights.
• Under President Suharto's New Order regime, the state classified over 75% of Indonesia's total land area as State Forest, including over 90% of the Outer Islands, which the report describes as one of the largest land seizures in history.
• The 1979 Law on Village Administration (UU 5/1979) crippled village authority by imposing a uniform administrative structure (desa) that made village leaders accountable to district officials rather than their own communities.
• The state's prioritization of commercial extraction over local rights has led to severe environmental degradation, including an annual deforestation rate of 1.7 million hectares.
• The Revised Basic Forestry Law of 1999 (UU 41/1999) introduces the category of 'Customary Forest' (hutan adat), but it remains problematic because these forests are still classified as State Forest and their recognition is subject to state-determined criteria.
• Community mapping has emerged as a critical tool for indigenous groups, such as the Dayak, to create legally cognizable evidence of their occupancy and defend their territories against encroachment.
• In West Papua, the Amungme people have faced forced displacement and environmental destruction due to the operations of the U.S.-based Freeport McMoRan mine, which the state justifies by claiming the land is 'tanah negara' (state-owned).
• The report argues that a just paradigm requires reinterpreting Article 18 of the Constitution (which recognizes traditional societies and their rights) as having precedence over the state-control mandate of Article 33.
• Decentralization laws (Law No. 22/1999 and Law No. 25/2000) have devolved administrative power to districts but have not necessarily secured community rights, as local officials may simply replace central elites in controlling resources.
• Local communities in areas like Lore Lindu National Park and Meru-Betiri National Park have successfully negotiated agreements to manage 'traditional-use zones,' proving that community-led conservation can be more effective than state-only policing.

APA

Center for International Environmental Law (2002). Whose Resources? Whose Common Good? https://www.ciel.org/wp-content/uploads/2015/03/Whose_Resources_3-27-02.pdf

Chicago

Center for International Environmental Law. Whose Resources? Whose Common Good? 2002. https://www.ciel.org/wp-content/uploads/2015/03/Whose_Resources_3-27-02.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Whose Resources? Whose Common Good? |date=January 2002 |url=https://www.ciel.org/wp-content/uploads/2015/03/Whose_Resources_3-27-02.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2002whose, author = {{Center for International Environmental Law}}, title = {{Whose Resources? Whose Common Good?}}, institution = {Center for International Environmental Law}, year = {2002}, month = jan, url = {https://www.ciel.org/wp-content/uploads/2015/03/Whose_Resources_3-27-02.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }