djatihout-bosschen, welke de eigendom zijn van den land), as well as the wild timber
forests as state land (Van de wildhout-bosschen, welke de eigendom zijn van de
lande).
1 The Agrarian Law (Agrarisch Besluit) of 1870 stipulated the principle that
any area of land would be considered state land (domein van de staat) if the property
rights could not be proven. This stipulation was called de domein verklaring (the
declaration of the state land). For Java and Madoera the principle of state land and
state forests became established in the second half of the nineteenth century. The
government could issue a long-term business usufruct right (erfpacht) to a European
company for 75 years for areas considered waste land (woeste grond) or unused land
(Mizuno et al. 2016).
The colonial government considered extending the concept of state forests and
state land to outer Indonesia (area outside Java and Madoera). When the draft of the
Forest Management Act for outer Indonesia was made in the 1920s, there were two
views in competition. The first was the view of declaring state land (domein
verklaring), as owned by the state, which would manage the forests and receive
taxes and revenues from the forests while allocating a portion of the revenue to the
autonomous government or the indigenous customary community. This view was
championed by the government’s domestic affairs department (Binnenlands
bestuur). The second view was held by the autonomous government and the
indigenous community, which rejected the notion of “state land” and “state forests.”
They wanted to control the forest and revenues from therein; others wanted full
autonomy of the forest. In August 1933, the government decided on the issue, saying
that a polemic on state domain should be avoided. A management system for the
forests should instead be established with due respect for customary law, which the
government cautioned should not be exaggerated. Some people were afraid that high
autonomy by the autonomous government and customary community in forest
management would bring about deforestation and exhaust resources (Departemen
Kehutanan 1986, pp. 84–88).
The Autonomous Administration Law of 1938 (Zelfbestuursregelen 1938) stipulated that the autonomous administration would control forests in the area. The
authority of the autonomous administration over the forests located within the
territory allowed the crafting of regulations on the management and control of the
forest. However, the technical assignment of forest management and land rights
were to be coordinated with the forest administration. Moreover, there was the
possibility that the concerned land in the area would be managed by the government
to promote the forestry businesses (Bloem 1939, pp. 353–358).
In the transition of authority from the sultanate government to the autonomous
administration, moreover, in the area directly controlled by the central government,
the concept of erfpacht, or long-term business usufruct, gained currency. This was
applied through concessions to European companies. On the other hand, in the
1870s, the Sultan of Deli gave concessions for empty land (tanah kosong) on the
1 Hout-Bosschen op Java en Madura, Voorschrijven omtrent het beheer en de exploitatie, Staatsblad
van Nederlandsch-Indië No. 96, jaar 1865.
23 Land Tenure on Peatland: A Source of Insecurity and Degradation in Riau, Sumatra
633
forests as state land (Van de wildhout-bosschen, welke de eigendom zijn van de
lande).
1 The Agrarian Law (Agrarisch Besluit) of 1870 stipulated the principle that
any area of land would be considered state land (domein van de staat) if the property
rights could not be proven. This stipulation was called de domein verklaring (the
declaration of the state land). For Java and Madoera the principle of state land and
state forests became established in the second half of the nineteenth century. The
government could issue a long-term business usufruct right (erfpacht) to a European
company for 75 years for areas considered waste land (woeste grond) or unused land
(Mizuno et al. 2016).
The colonial government considered extending the concept of state forests and
state land to outer Indonesia (area outside Java and Madoera). When the draft of the
Forest Management Act for outer Indonesia was made in the 1920s, there were two
views in competition. The first was the view of declaring state land (domein
verklaring), as owned by the state, which would manage the forests and receive
taxes and revenues from the forests while allocating a portion of the revenue to the
autonomous government or the indigenous customary community. This view was
championed by the government’s domestic affairs department (Binnenlands
bestuur). The second view was held by the autonomous government and the
indigenous community, which rejected the notion of “state land” and “state forests.”
They wanted to control the forest and revenues from therein; others wanted full
autonomy of the forest. In August 1933, the government decided on the issue, saying
that a polemic on state domain should be avoided. A management system for the
forests should instead be established with due respect for customary law, which the
government cautioned should not be exaggerated. Some people were afraid that high
autonomy by the autonomous government and customary community in forest
management would bring about deforestation and exhaust resources (Departemen
Kehutanan 1986, pp. 84–88).
The Autonomous Administration Law of 1938 (Zelfbestuursregelen 1938) stipulated that the autonomous administration would control forests in the area. The
authority of the autonomous administration over the forests located within the
territory allowed the crafting of regulations on the management and control of the
forest. However, the technical assignment of forest management and land rights
were to be coordinated with the forest administration. Moreover, there was the
possibility that the concerned land in the area would be managed by the government
to promote the forestry businesses (Bloem 1939, pp. 353–358).
In the transition of authority from the sultanate government to the autonomous
administration, moreover, in the area directly controlled by the central government,
the concept of erfpacht, or long-term business usufruct, gained currency. This was
applied through concessions to European companies. On the other hand, in the
1870s, the Sultan of Deli gave concessions for empty land (tanah kosong) on the
1 Hout-Bosschen op Java en Madura, Voorschrijven omtrent het beheer en de exploitatie, Staatsblad
van Nederlandsch-Indië No. 96, jaar 1865.
23 Land Tenure on Peatland: A Source of Insecurity and Degradation in Riau, Sumatra
633