This regulation was issued recently, so not many people have submitted their
proposals, and this is more so for the peatland areas.
23.5 Conclusion
The vast peatland forests in Riau Province have been the site of logging, firewood
collecting, and charcoal industries since the 1850s. During the nineteenth century,
concessions were mainly issued by the governments of the sultanates. However,
from the end of the nineteenth century, the colonial government issued concessions
and started to control labor from the start of the twentieth century. Environmental
concerns entail forest degradation, which appeared as early as 1910, and a precise
territorial survey on forest resources was proposed in the 1930s. Left out of the
conversation, however, were the worsening environmental degradation and destructive forest fires.
Local people made use of the thin layer of peatland mixed with mineral soil called
“kilang manis” to plant sago, coconut trees, pinang, or dry rice. The deeper layer of
the peatland area was planted with hevea rubber trees and pineapple shrubs. People
controlled peatland some kilometers from the coast in the peat swamp forests. The
sultan owned the land and allowed local people to clear as much land as they needed
for a fee.
The colonial government issued the State Land Declaration in 1870 and started to
grant concessions for woeste grond (waste land), which was considered as not falling
under customary land rights. However, according to Malay and Batak people, there
were no such waste lands. The sultan granted concessions for empty land (tanah
kosong) on the condition that companies keep that land for people engaged in
shifting cultivation.
After the independence, the government recognized customary communal rights
(hak ulayat) and stipulated that the property rights were based on customary law in
the Basic Agrarian Act of 1960. This law recognized the right to clear land and to
collect forest products. However, the customary communal rights are recognized as
long as they exist, and customary communal rights were narrowly interpreted. The
right to clear the land was linked to the customary communal right; as a result, it was
difficult to apply for the right to clear the land.
The Basic Forestry Act of 1967 stipulated that the state forest area (kawasan
hutan) is designated by the Minister of Forestry as the area that is not covered by any
residents’ rights on land except for the hak ulayat. The government issued the
concessions for the state forest area.
Because most of the peat swamp forests were recognized as state forest area,
many concessions were granted to companies. Logging concessions (HPH) were
issued since the beginning of the 1970s, while timber plantation concessions (HTI)
were issued in the 1980s. Managing companies of converted land were granted
exploitation rights (HGU) for oil palm plantations. HTI and HGU promoted peatland
degradation because of the extensive drainage system required by the industry.
23 Land Tenure on Peatland: A Source of Insecurity and Degradation in Riau, Sumatra
647
proposals, and this is more so for the peatland areas.
23.5 Conclusion
The vast peatland forests in Riau Province have been the site of logging, firewood
collecting, and charcoal industries since the 1850s. During the nineteenth century,
concessions were mainly issued by the governments of the sultanates. However,
from the end of the nineteenth century, the colonial government issued concessions
and started to control labor from the start of the twentieth century. Environmental
concerns entail forest degradation, which appeared as early as 1910, and a precise
territorial survey on forest resources was proposed in the 1930s. Left out of the
conversation, however, were the worsening environmental degradation and destructive forest fires.
Local people made use of the thin layer of peatland mixed with mineral soil called
“kilang manis” to plant sago, coconut trees, pinang, or dry rice. The deeper layer of
the peatland area was planted with hevea rubber trees and pineapple shrubs. People
controlled peatland some kilometers from the coast in the peat swamp forests. The
sultan owned the land and allowed local people to clear as much land as they needed
for a fee.
The colonial government issued the State Land Declaration in 1870 and started to
grant concessions for woeste grond (waste land), which was considered as not falling
under customary land rights. However, according to Malay and Batak people, there
were no such waste lands. The sultan granted concessions for empty land (tanah
kosong) on the condition that companies keep that land for people engaged in
shifting cultivation.
After the independence, the government recognized customary communal rights
(hak ulayat) and stipulated that the property rights were based on customary law in
the Basic Agrarian Act of 1960. This law recognized the right to clear land and to
collect forest products. However, the customary communal rights are recognized as
long as they exist, and customary communal rights were narrowly interpreted. The
right to clear the land was linked to the customary communal right; as a result, it was
difficult to apply for the right to clear the land.
The Basic Forestry Act of 1967 stipulated that the state forest area (kawasan
hutan) is designated by the Minister of Forestry as the area that is not covered by any
residents’ rights on land except for the hak ulayat. The government issued the
concessions for the state forest area.
Because most of the peat swamp forests were recognized as state forest area,
many concessions were granted to companies. Logging concessions (HPH) were
issued since the beginning of the 1970s, while timber plantation concessions (HTI)
were issued in the 1980s. Managing companies of converted land were granted
exploitation rights (HGU) for oil palm plantations. HTI and HGU promoted peatland
degradation because of the extensive drainage system required by the industry.
23 Land Tenure on Peatland: A Source of Insecurity and Degradation in Riau, Sumatra
647