Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-wpx84 Total loading time: 0 Render date: 2024-08-26T16:09:44.471Z Has data issue: false hasContentIssue false

6 - Disputed Land Ownership

from PART TWO - BETWEEN JUSTICE AND RIGHTS

Published online by Cambridge University Press:  05 August 2016

Arskal Salim
Affiliation:
Senior Research Lecturer, University of Western Sydney
Get access

Summary

Meunyoe buet ka mupakat, lampôh jirat jeut ta peugala. (If a consensus is to be achieved, even the cemetery land can be pawned.)

Aceh proverb

As landowners, both Ihsan Gani and Teuku Taufik (these are not their real names) were supposed to receive a compensation payment on 20 June 2007. The compensation was due to the acquisition of their respective land parcels by the government. The money would have been transferred to their respective bank accounts. However, the payment was withheld. Some village leaders, who live nearby the expropriated lands, had made a claim that both individuals were not the valid landowners. The village leaders submitted their claim to the Civil Court of Jantho district. Given this lawsuit, the payment to Gani and Taufik was not fulfilled, pending the court decision. Thus, a court dispute over land ownership started between Gani and Taufik on the one side, and the villagers on the other.

According to Fitzpatrick (2008), land acquisition has been a main cause of land disputes, especially when it comes to who are the legitimate recipients of the compensation. Disputes in Aceh over the payment of compensation involve allegations that certain landholders are not eligible parties to the compensation, or that payments have been delayed by disputes or are not forthcoming at all.

The 2004 disaster in Aceh not only led to a massive loss of human lives, but also resulted in the devastation of huge parcels of land in the coastal areas. Boundary lines and land parcel markers were largely obscured. Because of this, certain surviving individuals, neighbours and communities sought to establish a claim to land or to reclaim it. In a few cases, they even blatantly grabbed land parcels whose original owner or heirs were no longer known. This, in turn, ushered in a number of disputes concerning issues such as land boundaries between neighbourhoods, land reallocation and exchanges, inheritance rights to a land parcel and compensation payments. The situation became worse as the National Land Agency (BPN) office in Banda Aceh, which keeps land records, was substantially destroyed. In tsunami-affected areas many personal identity documents were badly damaged or lost (Fitzpatrick 2005). For this reason, restoring and confirming land rights has never been an easy task in post-tsunami Aceh.

Type
Chapter
Information
Contemporary Islamic Law in Indonesia
Sharia and Legal Pluralism
, pp. 109 - 128
Publisher: Edinburgh University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×