The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Repositioning Common Property Right: An attempt to Govern Environment and Sustainable Natural Resources in Indonesia

  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289462,
        author={Nanik Trih astuti},
        title={Repositioning Common Property Right: An attempt to Govern Environment and Sustainable Natural Resources in Indonesia},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={reposition collective property rights environmental and sustainable natural resources indonesia},
        doi={10.4108/eai.10-9-2019.2289462}
    }
    
  • Nanik Trih astuti
    Year: 2019
    Repositioning Common Property Right: An attempt to Govern Environment and Sustainable Natural Resources in Indonesia
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289462
Nanik Trih astuti1,*
  • 1: Faculty of Law, Diponegoro University, 50275, Indonesia
*Contact email: naniktrihastuti@gmail.com

Abstract

Common Property is a traditional notion that develops a sense of communal pride towards land belonging to all members of a community and prevents the land from degradation. A government dominated development and repressive law that have been implemented in Indonesia have marginalized a social system in terms of local wisdom and led to the degradation of ecological capital. The separation of customary rights and norms from legal systems and the policy of domination, ownership, and allocation of natural resources by overlooking common property have resulted in the loss of resource rights. By using a doctrinal legal approach and progressive reasoning, it could be concluded that the loss of resource rights towards resources due to the absence of property rights might cause individuals or groups to have no legal right, which allows them to prohibit other parties to consume the resources. To ensure one's property rights and tenure rights, the relationship between the government and the society needs to be evaluated towards the democratic model paradigm in order to acknowledge common property in the legislation and uphold it as an alternative strategy to reduce externality.