Ambition, regulation and reality

353 Pages·2003·2.72 MB·English

AMBITION, REGULATION AND REALITY
Promotor:
Prof. Dr Franz von Benda-Beckmann
Hoogleraar recht, meer in het bijzonder van het agrarisch recht van de niet-westerse gebieden, Wageningen
Universiteit
Promotiecommissie:
Prof. Dr Frans Hüsken, Katholieke Universiteit Nijmegen
Dr Peter Mollinga, Wageningen Universiteit
Dr Philip Quarles van Ufford, Vrije Universiteit van Amsterdam
Prof. Dr Leontine Visser, Wageningen Universiteit
Ambition, Regulation and Reality
Complex use of land and water resources in Luwu, South
Sulawesi, Indonesia
Dik Roth
Proefschrift
ter verkrijging van de graad van doctor
op gezag van de rector magnificus
van Wageningen Universiteit,
Prof dr ir L. Speelman
in het openbaar te verdedigen op
vrijdag 14 november 2003
des namiddags om 13.30 in de Aula
© Dik Roth, 2003
Ambition, Regulation and Reality. Complex Use of Land and Water Resources in Luwu, South Sulawesi,
Indonesia
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system of any nature,
or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
included a complete or partial transcription, without the prior permission in writing by the author.
ISBN 90-5808-878-2
Table of Contents
Preface and acknowledgements I
Glossary, abbreviations and acronyms III
Introduction 1
1. Presidents come and go ... 1
2. The regional setting: Luwu 4
3. Legal complexity in the exploitation and management of natural resources 5
4. The main themes of this book 5
5. Structure of the book 12
Chapter 1
The complexities of development 13
1. The hidden normative and legal dimensions of development 13
2. Development: from solution to problem 15
3. Legal complexity 18
4. Debates about resource use and management: continuity and change 23
5. Analyzing complex resource use settings 27
6. Complex resource use in Luwu: approaching the case studies in this book 29
Chapter 2
Land and water in Luwu 35
1. The New Order context of development in Luwu 35
2. Luwu: from kingdom to ‘Miniature Garden’ 37
3. Modernizing land tenure: the limits of state intervention 48
4. Diversity in uniformity: irrigation development in Luwu 54
5. Land and water in Luwu: questions for research 60
Chapter 3
Lebensraum in Luwu: emergent identity, migration and access to land 63
1. Resources, identity and boundaries 63
2. The colonial construction of Toraja identity 65
3. Lebensraum politics: Toraja migration to lowland Luwu 70
4. Politics of identity: the struggle for new political-administrative boundaries 75
5. The Makula agreement and LUTAT affair 82
6. Luwu and Tana Toraja: emergent identity, migration and access to land 91
Chapter 4
The Pompengan Implementation Project: from civil - to socio-legal engineering 95
1. PIP: an irrigation project in the North Luwu Plain 95
2. The Pompengan area: a short history of land tenure, land use and settlement 97
3. A project without beneficiaries 105
4. Turning problems into promises: PIADP 109
5. From PIP to PIADP: simple solutions for complex problems 116
Chapter 5
Limits and limitations of socio-legal engineering: the PIADP land reform and
settlement programme 117
1. First impressions of a project 117
2. The beginning: the Sinangkala pilot project 118
3. Land redistribution in Seriti 125
4. Land redistribution in the Salu Jambu and Rongkong areas 136
5. Taking the lead: the special team for conflict solution 141
6. The end: back to project routines 147
Chapter 6
‘Back to normal’: administrative order and chronic land conflict 149
1. ‘Back to normal’ 149
2. Sinangkala: winning and losing 152
3. Seriti: ‘as long as peace is kept’ 158
4. Salu Jambu and Rongkong: the strength of initial land claims 163
5. The heritage of PIADP: coping with land conflict and tenure insecurity 169
6. PIADP: ambitions of legal regulation, growing complexity and human agency 172
Chapter 7
Kertoraharjo: a Balinese settlement in Luwu 179
1. Entering a Balinese village world 179
2. Kertoraharjo Village 180
3. The early years of settlement 184
4. Competition for land resources 191
5. Multiple administrative and regulatory spaces and arrangements 195
6. Multiple areas of origin: adat differences and local power struggle 203
7. Kertoraharjo: from transmigration settlement to Balinese village in Sulawesi 205
Chapter 8
Land in Kertoraharjo: social differentiation and agricultural diversification 207
1. A village in flux 207
2. Making a living in Kertoraharjo: an overview 208
3. The agricultural basis: irrigated rice farming and cocoa cultivation 211
4. Kertoraharjo land tenure: development and current situation 219
5. Expansion, diversification, differentiation 232
Chapter 9
The hybrid world of subak 235
1. A subak meeting in Kertoraharjo 235
2. The establishment of subak in Kertoraharjo 237
3. Restricting subak: the establishment of TUs and WUAs 240
4. Pekaseh and subak now 244
5. The contested subak: multiple spatial definitions of subak authority 252
6. The hybrid world of subak 261
Chapter 10
The hybrid world of the tertiary unit 263
1. Observations in a Balinese tertiary unit 263
2. Balinese tertiary units and the Kalaena system 265
3. Tertiary units in Kertoraharjo 268
4. Entering through the back door: subak inside the tertiary units 273
5. The hybrid world of the tertiary unit 288
6. Land and water resources in a Balinese transmigrant settlement in Luwu 292
Chapter 11
Luwu: complex regulation in a changing world 299
1. Three cases of complex regulation of natural resource use 299
2. Ambition, regulation and reality: the complexities of development 300
3. Regulation of land and water resources 303
4. Epilogue: Luwu: from New Order to which order? 307
Bibliography 313
Summary in Dutch 333
Maps and figures
Map 1 : Indonesia, Sulawesi, Luwu and the research locations 3
Map 2 : colonial classifications of Toraja groups and current administrative boundaries 67
Map 3 : the area of PIP and PIADP 96
Map 4 : land redistribution and settlement in PIADP for an example tertiary unit (TU R1) 114
Map 5 : the use of land registration to manipulate selection for the land reform programme 120
Map 6 : post-project land conflicts and claims on the home yards in tertiary unit D1 155
Map 7 : Kertoraharjo and the Kalaena area 181
Map 8 : administrative spaces and boundaries in Kertoraharjo 185
Figure 1: quaternary water division box, temuku, and use of a wooden temuku 276
Map 9 : changes in infrastructure and farmers’ organization in TU PS3 279
Boxes and tables
Box 1: criteria for the selection of beneficiaries of PIADP 112
Box 2: background of transmigrants in Kertoraharjo 188
Box 3: spontaneous migrants in Kertoraharjo 190
Box 4: prani ladang 202
Box 5: basic data on rice cultivation for 32 sample farmers 213
Box 6: irrigated agriculture: labour inputs, expenses and product prices 215
Box 7: the story of a successful Balinese cocoa farmer 218
Box 8: expansion of cocoa gardening into Meko, Central Sulawesi: two cases 226
Box 9: Kertoraharjo pekaseh regulations 245
Box 10: basic data and regulations of subak Utus Sari 247
Box 11: major rituals and ceremonies associated with rice cultivation 249
Box 12: the subak in Alam Buana 260
Box 13: water control and organization in a degraded tertiary unit 272
Box 14: conditions of tertiary infrastructure for irrigation in tertiary unit PS3 275
Box 15: new WUA regulations of tertiary unit PS3 282
Box 16: conditions of tertiary infrastructure for irrigation in tertiary unit KL1ki 285
Box 17: a farmers’ group in KL1ki 287
Table 1: total landownership for families on 239 home yards 221
Table 2: landownership and the three status categories 222
Table 3: farming choices for 239 families according to status categories 223
Table 4: Kertoraharjo land purchases in four zones around Kertoraharjo 224
Table 5: Kertoraharjo land purchases by year categories and main zones 225
Table 6: sharecropping and (total) landownership for three status groups of farmers 228
Table 7: pawning and (total) landownership for three status groups of farmers 231
Table 8: basic data about the four subaks of Kertoraharjo 238
Table 9: WUAs with Kertoraharjo farmers 269
I
Preface and acknowledgements
The subject matter of this book covers an engagement with Luwu District in South Sulawesi that
started early in 1989. In that year I moved to Sulawesi to take up a position as adviser for the land
reform and settlement programme of the Pompengan Integrated Area Development Project
(PIADP), a bilateral Indonesian-Dutch rural development project. Since then, returning to Luwu,
smelling the peculiar mix of flavours of sago, fish, drying cocoa and cloves characteristic of the
area, and meeting again with friends and acquaintances feels like coming home. Writing these final
words is like closing a door behind me, with the hope of returning once in the future to reopen it.
My research was part of the research project ‘Legal Complexity, Ecological Sustainability and
Social Security in the Management of Land and Water Resources in Indonesia’, financed by
KNAW (Royal Dutch Academy of Sciences). An additional short visit to Indonesia was funded by
NWO (Netherlands Organization for Scientific Research), for which I am grateful. Special thanks
are due to the other researchers in the programme, Renske Biezeveld, Arie Brouwer, and Juliette
Koning, as well as to Keebet von Benda-Beckmann. Our discussions have substantially contributed
to the shaping of this book. I also wish to thank all former and current members of the Law and
Governance Group of Wageningen University for their comments on parts of this book. I am
grateful to Bernd van der Meulen for allowing me some writing time to finish this job.
Articles on the themes of this book have been published earlier, and discussed as workshop or
conference papers in the initial stages of writing. A paper on the regional history of Luwu and Tana
Toraja, with a focus on ethnic identity, was presented at the 1999 conference ‘Hinduism in modern
Indonesia’ convened by Martin Ramstedt. Other material on regional history and the impact of the
Indonesian crisis on the region was presented at the 2000 conference on the crisis in Indonesia,
organized by Coen Holtzappel. Work on local irrigation management in a Balinese settlement in
Luwu was initially presented in the seminar series ‘Water and Politics’ organized by Peter Mollinga
at the Irrigation and Water Engineering Group of Wageningen University in 1997. I presented
papers on the same theme at the CERES conference ‘Acts of Man and Nature’ in 1998, on the
conference ‘Legal Complexity, Social Security and Ecological Sustainability in the Use and
Management of Natural Resources’ in Padang in 1999, and on the conference of the Commission on
Folk Law and Legal Pluralism in Chiang Mai in 2002. I would like to thank all convenors and
participants of these seminars and conferences for their critical reading and comments on draft
versions.
Special thanks go to my supervisor Franz von Benda-Beckmann, whose long-standing experience
with research on legal complexity and engagement with Indonesia were major sources of inspiration
for me. Our discussions and his critical comments on the draft version of the text have been of great
help. Responsibility for combining three different research themes into one book is mine, but I
thank Franz for stimulating me to explore these themes once it had become clear that I would never
drop the idea anyway. Unfortunately, Joep Spiertz, whose earlier research in Bali had inspired the
‘Balinese’ part of my research project, suddenly died during the project. On the way, we also lost
Dr. Ohorella, our sympathetic, experienced and enthusiastic research counterpart at Hasanuddin
University in Makassar, South Sulawesi. Chatting and exchanging stories about Luwu with Dr.
Ohorella was an unforgettable experience. I remember with great respect his last visit to the
Netherlands, shortly before his death, as a member of a mission deeply engaged in attempts to stop
the violent conflict in the Moluccas.
In the Pompengan project years, my predecessor Aard Hartveld has been a rich source of
information. Not only on the tricky and slippery path of the PIADP land reform programme, but
also on its history and the wider regional processes of social and historical change in Luwu and