The Role of Customary Law in Natural Resource Management: A Comparative Study between Indonesia and Australia

Natural resource management is crucial for sustainable development, especially in regions abundant in biodiversity and natural assets. Nations worldwide face the challenge of managing their resources effectively while promoting economic growth, social justice, and environmental conservation. Customary law plays a significant role in resource governance, particularly in countries like Indonesia and Australia, where indigenous communities have deep-rooted connections to the land and its resources. This comparative study explores the role of customary law in natural resource management in Indonesia and Australia. Both countries possess diverse ecosystems and substantial indigenous populations, offering valuable insights into the interaction between customary and state legal systems in resource governance. In Indonesia, customary law, known as adat, influences resource management practices, albeit with variations in recognition and integration into formal legal frameworks. Conversely, in Australia, the colonization process has disrupted traditional governance structures, leading to ongoing struggles for indigenous rights and recognition. By examining case studies, legal frameworks, and policy initiatives in both countries, this study aims to identify challenges and opportunities for integrating customary law into broader governance frameworks and promoting more equitable and sustainable resource management practices. Additionally, this comparative analysis contributes to scholarly debates on the role of customary law in contemporary legal systems and its implications for environmental governance, indigenous rights, and social justice. Interdisciplinary perspectives from legal studies, anthropology, environmental science, and development studies offer valuable insights for policymakers, practitioners, and indigenous communities striving for more inclusive and effective resource management approaches.


INTRODUCTION
The values of customary land law contained in its principles are expected to be reflected in the land administration in Indonesia.
The main findings include the difficulty in proving old rights derived from customary land law, the significant role of customary land law, and the influence of Dutch's land registry system on land administration in Indonesia.
The "state of the art" in M. Bola (2017) revolves around the challenges of proving land ownership by customary land, the difficulty in proving old rights derived from customary land law, and the importance of reflecting the values of customary land law in land administration to reduce conflict.
The role of the government in creating a conducive condition in the land sector is also highlighted.
The novelty in M. Bola (2017) lies in its emphasis on incorporating the values of customary land law into the land administration system, the role of the government, and the comparison of land registration systems between Indonesia and the Dutch.
Distribution and Revenue Sharing of Natural Resources in Indonesia: Autonomous Region and Legal Pluralism Perspective Putu Gede Arya Sumerta Yasa 2021 The existence of customary villages in Bali may serve as a solution in addressing the issue of regional management on natural resources along with its potential benefits.
The main findings are related to the issues of revenue sharing and natural resource management in Indonesia, the potential role of customary villages in addressing regional management issues, and the concept of financial balance between the government and local governments.
The state of the art in Putu Gede Arya Sumerta Yasa (2021) revolves around the challenges and issues related to the arrangement of revenue sharing and natural resources based on decentralization in Indonesia, emphasizing the need for proportionality in fund distribution and the potential role of customary villages in addressing regional management issues.The paper also highlights the importance of appropriate exploitation of natural resources for community benefit and the significance of financial balance between the government and local governments.Furthermore, it underscores the synergy between national government, regional governments, and customary villages as reflecting legal pluralism.
The novelty in Putu Gede Arya Sumerta Yasa (2021) lies in the examination of revenue sharing and natural resources based on decentralization, the analysis of regional autonomy from a legal pluralism perspective using Bali as an example, and the proposal that the existence of customary villages may serve as a solution to address regional management on natural resources.The formation of communities as customary or indigenous was a response to the possibilities and limitations of political discourse in Indonesia.
The main findings of the paper are the utilization of "indigeneity" to empower communities in natural resource struggles, the political nature of the formation of communities as customary or indigenous, and the strategies employed to assert residents' rights over specific lands.
The "state of the art" in S. Afiff, C. Lowe (2007) is the use of "indigeneity" as a political solution to strengthen community rights in natural-resource struggles in late Suharto-era Indonesia.This concept was employed to affirm residents' rights in specific cases and is contrasted with the historical use of "class" as a unifying factor in land struggles.
The novelty in S. Afiff, C. Lowe (2007) lies in the shift from using "class" as a unifying factor in land struggles to using "indigeneity" as a means to strengthen community rights in natural-resource struggles in Indonesia.This shift reflects a response to the possibilities and limitations of political discourse in Indonesia.

Sustainable Forest
Management from the Perspective of Customary Law in Indonesia: A Case Study in the Bayan Community

Lalu Harly 2023
The customary law approach used by the Bayan community is an example of sustainable forest management practices that run well.The main findings include the importance of an effective legal framework for ILM in promoting environmental justice, the presence of legal frameworks for ILM in Australia and Indonesia, and the need for a comparative study to understand policy strategies for Indigenous peoples in the Asian-Pacific region.
The "state of the art" in Carly May Boag (2016) is the presence of regional, national, and international legal frameworks promoting Indigenous Land Management (ILM) in both Australia and Indonesia, as well as the need for a more cohesive and integrated approach to environmental governance.The paper also suggests the importance of a comparative study of different legal frameworks to determine the best way forward for Indigenous peoples in the Asian-Pacific region.
The novelty in Carly May Boag (2016) lies in the emphasis on promoting environmental justice through legal empowerment, meaningful participation, acknowledgment of cultural differences, and equal distribution of environmental benefits, as well as the call for a comparative study of different legal frameworks surrounding ILM to identify the best way forward for Indigenous peoples in the Asian-Pacific region.

2019
The policy dilemma of customary land in Indonesia will continue to occur if the government does not involve the participation of indigenous people and groups of interest in the policymaking process of customary land regulation.
The main findings are: -Uncovering customary land policy dilemmas and exploring strategies to reconstruct customary land policies in Indonesia.
-Policy dilemma in the regulation of customary land due to disputes arising from governance by customary law and national law, lack of synchronization and harmony between sectoral laws and the Basic Principles of Agrarian Law, and absence of policies at the local level The "state of the art" in A. Marta, U. Suwaryo, Affan Sulaeman, Leo Agustino ( 2019) is the policy dilemma in the regulation of customary land in Indonesia, which requires a synergy between government institutions and stakeholders, as well as the participation of indigenous people and groups of interest in the policymaking process.
The novelty in A. Marta, U. Suwaryo, Affan Sulaeman, Leo Agustino (2019) lies in its exploration of the policy dilemmas surrounding customary land in Indonesia and the proposed strategies for policy reconstruction, emphasizing the need for synergy between government institutions and stakeholders as well as the participation of indigenous people and interest groups in the policymaking process.
Page 176 of 186 regarding the protection and recognition of customary land.
-Persistence of the policy dilemma without the involvement of indigenous people and groups of interest in the policymaking process.The main findings of the study are: -Almost 3/4 of the cases in the study had clearly defined boundaries and membership, despite the difficulty in defining boundaries around marine resources.
-All of the customary institutions were able to make and change rules, indicating a critical degree of flexibility and autonomy necessary for adaptive management.
-The customary institutions generally lacked key interactions with organizations operating at larger scales, potentially hindering their ability to confront common pool resources challenges.
The "state of the art" in this paper involves an examination of operational rules and institutional design principles in long-enduring customary fisheries management institutions in three countries, along with the identification of important trends and the need for future research.
The novelty in this paper lies in its approach of using design principles as a starting point to understand institutional diversity in customary governance regimes, and in emphasizing the need for future research to explore the relationship between specific institutional designs and social and ecological outcomes in commons property institutions.-

Analysis of Natural
The state of the art in this paper is the coexistence of customary land tenure system and state laws in the Mutis area, emphasizing the importance of understanding traditional land tenure for effective forest policy and the challenges faced in managing conservation areas.The paper also highlights the need for flexibility in operating or revising state laws to harmonize society between state and people.
The novelty in this paper lies in its focus on the historical territorialization process in the Mutis area, the clarification of the traditional land tenure system (suf), and the discussion of challenges related to managing forests sustainably and policy methods to harmonize legal pluralism.The paper also highlights the coexistence of the suf with the state system and the recent discussions to recognize the suf

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The main findings of the paper are the influence of human need for land on land use behavior, the categorization of solutions for resolving conflicts over customary lands, and the factors involved in the categorization of land-use conflict solutions.
The "state of the art" in the paper involves recognizing customary land in Indonesian law, discussing implementation irregularities, and categorizing solutions for resolving land-use conflicts over customary lands.It emphasizes the need to consider various aspects such as resolution process, distribution of land use, changes in land use, mapping, and involvement of disputing parties.
The novelty in the paper lies in its comprehensive approach to categorizing solutions for resolving land-use conflicts over customary lands, considering various angles and historical contexts.The legal policy of natural resources tends to move towards free market competition.
The main findings are the emphasis on the importance of legislation in the field of natural resources, the shift towards a pro-market approach, and the need for legal policy to reflect the interests of the people as a whole.
The "state of the art" in Herdiansyah Hamzah (2016) emphasizes the urgency of legislation in the field of natural resources to ensure access and sustainability for future generations.
It raises concerns about the shift towards free market competition, potential removal of the State's role in resource management, and neglect of people's participation in lawmaking processes, leading to elitist and unresponsive legal policies.
The novelty in Herdiansyah Hamzah (2016) lies in its emphasis on the urgency and significance of legislation in natural resource management for the benefit of the people and future generations, as well as its critique of legal policies moving towards free market competition and the lack of firmness, independence, and people's participation in decision-making.
The role of law in natural resource management.
J. Spiertz, M. Wiber 1999 Governments and organizations have responded to increasing pressure on scarce natural resources by The main findings of the paper are the challenges arising from conflicting rules in response to pressure on natural resources and the preference for private property over The "state of the art" in J. Spiertz, M. Wiber (1999) involves discussing the challenges in natural resource management, including conflicting rules, the failure to realize policy The novelty in J. Spiertz, M. Wiber (1999) lies in its comprehensive investigation of the responses of governments and organizations to increasing pressure on scarce natural The status of customary law in Zimbabwe falls short of developments in international law.
The main findings are the questioning of accountability and representation between institutional systems and local communities, the role of the international legal regime in creating a framework for participation and defining fundamental principles for environmental objectives, and the demonstration that the status of customary law falls short of developments in international law, undermining environmental governance.
The "state of the art" in J. Mohamed-Katerere (2001) is the examination of the relationship between formal and informal norms and institutions in environmental decentralization initiatives within Zimbabwe's communal lands, the argument for the international legal regime creating a framework for participation and defining fundamental principles for the realization of environmental objectives, the exploration of the nature and status of customary law in Zimbabwe and its interaction with state institutions and formal rule systems, the consideration of whether the recognition of customary law is The novelty in J. Mohamed-Katerere (2001) lies in its examination of the relationship between formal and informal norms and institutions in environmental decentralization initiatives within Zimbabwe's communal lands, and its argument about the international legal regime creating a framework for participation and defining fundamental principles for the realization of environmental objectives.It also emphasizes the discrepancy between the status of customary law and the level of participation provided for, in comparison to developments in s main findings are the discussion of the grassroots movement supporting the The "state of the art" in K. Bettinger, M. Fisher, W. Miles (2014) involves discussing Indonesia's status as a The novelty in K. Bettinger, M. Fisher, W. Miles (2014) lies in its exploration of the strategic https://doi.org/10.52970/grmilf.v3i2.400Website: https://goldenratio.id/index.php/grmilfPage 180 of 186 traditional systems of social organization in Indonesia since 1998, as well as the portrayal of indigenous people as environmentally benign.It also seeks to move beyond the simplistic conflation of indigenous peoples and environmentalism by understanding the strategic articulation of indigeneity and environmentalism."megadiverse"country, historical tensions over natural resource access, the grassroots movement supporting customary communities, the portrayal of indigenous people as environmentally benign, the influence of political processes on indigenous systems, the emergence of a national indigenous rights movement, international factors contributing to the indigenous movement, and potential challenges facing the movement in the future.The chapter aims to move beyond the simplistic conflation of indigenous