Nine-Tenths of the Law: Enduring Dispossession in Indonesia

The old aphorism "possession is nine-tenths of the law" is particularly relevant in Indonesia, where people struggle to legalize their possessions and claim rights in competition with government, police, army, and private gangs. This book explores the relationship between possession and legalization, examining how Indonesians navigate dispossession through imaginative and improvisational interpretations of law.

Format: Paperback / softback
Length: 264 pages
Publication date: 02 February 2021
Publisher: Yale University Press

The old adage "possession is nine-tenths of the law" holds significant importance in Indonesia, a country that has experienced a series of regime changes and a dynamic legal landscape for property claims. Ordinary individuals face significant challenges in legalizing their possessions and asserting their rights in the face of competing demands from various government branches, including the police, army, and private gangs. This book delves into the intricate relationship between possession and legalization in Indonesia, examining the imaginative and improvisational interpretations of law employed by Indonesians to navigate the complexities of dispossession.

In Indonesia, the concept of possession holds immense significance, as it is often considered the basis for legal ownership. However, the process of legalizing possessions can be complex and challenging, particularly for ordinary individuals who face various obstacles and competing interests. The government, police, army, and private gangs all play a role in the legalization of possessions, often leading to disputes and conflicts.

One of the key challenges faced by Indonesians in legalizing their possessions is the lack of clear and consistent property laws. The country's legal system is fragmented, with different laws and regulations applying to different regions and types of property. This can create confusion and uncertainty for individuals who are trying to legalize their possessions, as they may not know which laws to follow or how to navigate the complex legal process.

In addition to the legal challenges, Indonesians also face social and economic barriers to legalizing their possessions. Many individuals live in informal settlements or on land that is not officially recognized as their property. These individuals may face discrimination and marginalization from the legal system, as they are often unable to access basic services such as education, healthcare, and banking.

Furthermore, the legalization of possessions can be expensive and time-consuming, particularly for those who do not have access to legal resources or representation. The process often involves lengthy court proceedings, complex paperwork, and high fees, which can be a significant burden for ordinary individuals who are already struggling to make ends meet.

Despite these challenges, Indonesians have developed innovative and improvisational ways to legalize their possessions and assert their rights. One of the most common strategies is to seek the assistance of local community leaders or traditional authorities, who may have influence over the legal system and can help individuals navigate the legal process.

Another strategy is to engage in informal negotiations with government officials or private landowners, who may be willing to recognize the legal rights of individuals who have been living on their land for a long time. This can involve paying small bribes or offering other forms of compensation to secure legal recognition.

In some cases, individuals may also resort to self-help or community-based initiatives to legalize their possessions. For example, community groups may organize land protests or legal clinics to educate individuals about their rights and provide legal assistance to those who need it.

However, it is important to note that these strategies are not without risks. Engaging with local community leaders or traditional authorities can be unpredictable and may lead to further conflicts or discrimination. Informal negotiations with government officials or private landowners can also be risky, as they may not always be willing to honor legal agreements or protect the rights of individuals.

Furthermore, self-help or community-based initiatives may not always be effective in securing legal recognition, as they may face resistance from government officials or private landowners who are interested in maintaining control over land and resources.

In conclusion, the relationship between possession and legalization in Indonesia is complex and multifaceted. Ordinary individuals face significant challenges in legalizing their possessions and asserting their rights in the face of competing demands from various government branches, police, army, and private gangs. The lack of clear and consistent property laws, social and economic barriers, and the expensive and time-consuming legal process all contribute to this complexity.

However, Indonesians have developed innovative and improvisational strategies to navigate dispossession. These strategies include seeking the assistance of local community leaders or traditional authorities, engaging in informal negotiations with government officials or private landowners, and self-help or community-based initiatives. However, it is important to approach these strategies with caution and to be aware of the risks involved.

The legal system in Indonesia needs to be reformed to ensure that all individuals have access to clear and consistent property laws and that their rights are protected. This includes providing legal assistance to those who cannot afford it, improving access to education and legal resources, and addressing the social and economic barriers that prevent individuals from legalizing their possessions.

In addition, the government and private sector need to work together to develop sustainable land management practices that prioritize the rights of individuals and communities and protect the environment. This can involve promoting community-based land management systems, supporting small-scale agriculture and sustainable livelihoods, and investing in infrastructure and services that support rural communities.

Ultimately, the legalization of possessions in Indonesia is a complex issue that requires a comprehensive and collaborative approach. By addressing the legal, social, and economic barriers that prevent individuals from legalizing their possessions, and by promoting sustainable land management practices, we can create a more just and equitable society for all Indonesians.

Weight: 450g
Dimension: 156 x 235 x 22 (mm)
ISBN-13: 9780300251074