63527 Study on Gender Impacts of Land Titling in Post-Tsunami Aceh, Indonesia GAP funded gender equality as smart economics A World Bank Group Gender Action Plan iii Acronyms And GlossAry Al Qur’an (or Quran) Holy Book of Islam Adat Customary practices defined as an uncodified body of rules of behavior, enforced by social sanctions and varying from time to time and from place to place Adat pandulan Customary practices on the distribution of inheritance property among women Adatrecht Customary law ADB Asian Development Bank AIPRD Australia-Indonesia Partnership for Reconstruction and Development Akte Certificate Akte jual beli Sale agreement Badan Pengolahan Indonesian Bureau of Statistics Data Electronik (BPDE) Baitul Mal Islamic Treasury Institution BAL Basic Agrarian Law Bappenas Badan Perencanaan Pembangunan Nasional (National Development Planning Agency) Barang asal Inherited property Barang harta Brought in BPN Badan Pertanahan Nasional (National Land Agency) BPN-kantah BPN District Land Office BPN-kanwil BPN Provincial Office (coordinates the work of the BPN Kantah offices in the province) BPN-pusat BPN National Head Office (based in Jakarta) BPS Badan Pusat Statistik (Central Statistics Agency) BRR Badan Rehabilitasi dan Rekonstruksi (Agency for Rehabilitation and Reconstruction of Aceh and Nias) Bundo kanduang Original mother Bupati District governor Camat Head of Kecamatan or (subdistrict) CDA Community-driven adjudication CEDAW Convention on the Elimination of All Forms of Discrimination Against Women iv CLM Community land mapping Dayah Place where Islamic teachings are delivered Desa Village Desa tua Local wisdom Dinas Provincial level government department DIPA Annual budget system of the government Fatwa An Islamic religious ruling FGD Focus group discussion Fiqh Islamic jurisprudence Gampong Village (lowest unit of government, equivalent of the desa outside Aceh) Equivalent to Indonesian “kampong” Gerakan Aceh Merdeka Free Aceh Movement—group that led a low-scale civil rebellion movement from 1970 (GAM) until peace accords were signed in August 2005). Geuchik/keuchik Village head (selected by the community and officially appointed by the district/municipal- ity government to lead the gampong administration). Gono gini Joint property Gotong Royong Mutual help and community sense Hadist/Hadith Prophet Muhammad’s words, actions and attitude (as narrated by his companions after his death) Hak milik Rights of ownership (standard ownership rights over property) Hak pakai Use rights; rights to use and take products of land Hak ulayat Communal (land) rights Harato pusako randah Property acquired long ago Hareuta seharkat Independent property in Acehnese Harta bawaan Independent property Harta bersama Common, marital property Harta pencarian Acquired property Harta pusaka Ancestral property Harta seharkat Independent property Harta warisan Inherited property Hibah Gifting Hukum Adat Customary law Hukum adat Procedures to protect and secure rights for daughters and women Ibadah Islamic worship IDLO International Development Law Organization IDPs Internally displaced persons IDR Indonesian Rupiah (currency) Imeum Traditional village leader Imeum masjid Leader in mosque v Imeum meunasah A respected local leader who is also responsible for religious affairs within the meunasah, who conducts prayers and religious and adat ceremonies and also holds a respected role in village-level decision making Imeum Mukim Head of Mukim INFID International NGO Forum on Indonesia Development Inoeng balee Widow warriors IP4T Inventarisasi Penggunaan, Pemanfa’atan, Penguasaan, Pemilikan Tanah (The Inventory of Usage, Benefit, and Tenure Toward Land Title), a government program through BPN Jilbab Head scarf JKMA Jaringan Komunitas Masyarakat Adat (Network of Community of Customs Society) Jual beli Land deed Kabupaten District administration Kantah District office Kanwil Provincial office Kecamatan (Kec) Subdistrict Kemanakan Niece and nephew Kementrian Ministry for Disadvantaged Areas Pembangunan Daerah Tertinggal (KPDT) Keppres Presidential decree (previously called Perpres) Komisi Yudisial Indonesian Supreme Court and Judicial Commission Kompilasi Hukum Islamic Law Compilation (KHI; Kompilasi Hukum Islam;), a three-volume Islam (KHI) document describing procedures and guidelines on inheritance, marriage, and charitable trusts. Kota Town or municipal administrative unit LBH Lembaga Bantuan Hukum (Institute of Legal Aid) LoGA Law on Governing Aceh LOGICA Local Governance and Infrastructure for Communities in Aceh Mahkama Shariah Officials of the Shariah court Mahkamah Agung Supreme Court Mahkamah Shariah Shariah court Majelis Adat Aceh Council of Acehnese Customs Majelis Consultative Council of Ulamas Permusyawaratan Ulama (MPU) Mamak kapala waris Maternal uncles Masjid madrasah Religious studies school at mosque MCLE Mediation and Community Legal Empowerment program MDF Multi-Donor Fund (Trust Fund for Aceh and Nias) administered by the World Bank Merantau Migration vi Merantau cino Migrants from China but also refers to families staying out of villages Meunasah A multifunctional public building found in villages throughout Aceh province used for studying religion, to perform religious events, and as a center for village sociocultural de- velopment MoU Memorandum of understanding Mukim A level of administration and governance. A mukim covers all villages that are linked to the main mosque in the area. It is an administrative organization typical of Aceh and is loosely equivalent to the kelurahan or kecamatan elsewhere in Indonesia. In traditional Acehnese it is “Moekim”. Nanggroe Aceh Aceh Province Darussalam (NAD) NGO Nongovernmental organization Nikah Marriage Orang Tua Knowledgeable persons in a village (local wisdom) P2TP2 Pusat Pelayanan Terpadu Pemberdayaan Perempuan (Center for Integrated Services for Women’s Empowerment) Panghulu Clan chiefs Panglima Laot Adat leader responsible for coastal monitoring (fishing) Pejabat pembuat akta Land deed official tanah (PPAT) Pembagian hak bersama Divorce-related divisions Pengadilan agama Religious courts having jurisdiction over Muslims in the areas of marriage, divorce, inheri- tance, guardianship, and charitable trusts Pengadilan Negeri General courts Penghulu Lineage head Penghulu andiko Maternal uncles Peradilan adat Customary justice Peradilan harta Property justice Peraturan Mahkamah Regulations issued by the Supreme Court Agung Peraturan Menteri Regulation of the State Agrarian Minister Negara Agaria Peraturan Pemerintah A government regulation issued as an administrative order, rather than by an act of the (PP) National Assembly PERDA Peraturan Daerah (local regulation) Perjanjian jual beli Purchase agreement Perpres Presidential decree Pesisir Coastal Peurumoh Owner of the house PIBA Project implementation and beneficiary assessment vii PMNA Peraturan Menteri Negara Agraria (Agrarian State Ministerial Regulation) PP Peraturan Pemerintah (government regulation) PPAT Pejabat Pembuat Akte Tanah (public notary who prepares deeds) PPEP Peningkatan Produktivitas Ekonomi Perempuan (Improving Women’s Economic Productivity) PRONA Proyek (pertanahan) Nasional (a nation-wide BPN titling program that distributes land title certificates to poorer families; on average, about 500 titles per year are distributed in each kabupaten spread over several villages) Pusaka rendah Lower property Pusaka tinggi Higher property Qanun Provincial local legislation RALAS Reconstruction of Aceh Land Administration System Project RASKIN Beras Miskin (Bahasa acronym for the government program that subsidizes staple food sup- port for the poor) RKSP Radio Komunitas Suara Perempuan (Community Radio for Women’s Voice) Rumah gadang Big house Sabuah paruik Sublineage level Sekdes Village secretary Shariah Islamic law Shariah/Syar’iyah Islamic principles or the Islamic path to be followed. For reasons of consistency, the term Shariah is used throughout this report. SKK Surat Keterangan Keuchik (letter issued by the geuchik that allows use of land areas by a per- son; use right for limited duration ) SPADA Support for Poor and Disadvantaged Areas Suku anak tuha A community group in West Java Surat perjanjian A purchase agreement (or agreement letter) Syiar Islam Activities to promote Islam Ta’zir Arabic term used in Sharia law to refer to punishment (or penalty) imposed for breaching codes Tanah adat Tradional inheritance law Tanah Man Tua Land-related adat practices (land areas held by an individual simply by planting certain productive trees) Tanah negara State land Tanah ulayat Owned by the original mother Teungku Religious leader in a village (chosen on the basis of his religious knowledge). Tipu Muslihat Guile, smart tricks, or street-wise acts (commonly used colloquial Acehnese words) Tokoh Masyarakat Community leaders Tuha Lapan Village elders in Aceh with eight people figure community Tuha nanggroe Council of elders Tuha Peut Village elders who have a traditional quasi-legal function in Acehnese village communities. viii Ujung kafan Adat tradition (allows a widow to live in her deceased husband’s house and obtain a small part of the husband’s land to support her through her life or until her remarriage outside the husband’s family) Ulama Muslim religious scholars recognized as a religious and political leaders because of the role the ulama played in the Acehnese struggle against the Dutch ulayat ulayat UN United Nations Undang-Undang Public Instruction (a legislation) UNDP United Nation Development Program UN-Habitat United Nations Human Settlements Programme UNIFEM United Nations Development Fund of Women UNSYIAH Syiah Kuala University (university in Banda Aceh) Wakaf A special kind of charity recognized in Islam (usually given for benevolent purposes, with the understanding that the one who endows will be rewarded by God) Wali Guardian Walikota Head of municipal government Wilayatul Hisbah Observation/Monitoring Section (of the Islamic Police) ix AcknowledGments T his study was prepared under the supervision Matthew P. Zurstrassen (Justice for the Poor Program of Keith Clifford Bell. The core team consisted in Indonesia) provided advice and support during the of Lilik Hidayat, Rudi Isnandar, Shalawati course of this study. Mohammed, and consultant team leader, Srinivas Shivakumar. This team was responsible for carry- This study provides input for the ongoing reforms initi- ing out extensive field work, during the period July ated by the Indonesian government in enhancing the sta- to December 2009, and follow-up thereafter till early tus of women in general and on land and property matters March 2010. The significant research support contribu- in particular. The team coordinated closely with and ben- tions provided by Robert Deutsch and Veena N. in ana- efited from valuable input, reviews, and support from the lyzing the data gathered and in the preparation of the provincial governor’s office in Banda Aceh, in particular report are gratefully acknowledged. Maria Theresa G. Said Mustafa and Bakthiar Ishaq, Assistants and Senior Quinones (World Bank Office, Manila) provided tech- Advisors to the Provincial Governor. Support provided nical advice to the research team, including a field visit by Badan Pertanahan Nasional’s (BPN; the National to Aceh, Indonesia. Land Agency’s) provincial office and district land of- fices are gratefully acknowledged. At BPN, in particu- The preliminary fieldwork in April and May 2009 was lar, Teuku Murdani, Maswar, Nurul Bahri, and Yasril in carried out by a team of field researchers consisting of Banda Aceh and Arief Setiabudi Canny, Ronny Kusuma Ibrahim Iqbal, Desi Kurniyanti, Norma Manalu, and Yudistira, and Pelopor Yanto in Jakarta, gave valuable in- Emsa Tasmiati; Jane Dunlop assisted in the initial anal- put and support. Special mention goes to Yuliandi Djalil ysis of the preliminary data sets. The extended and de- and Heri Mulianto, both from BPN Banda Aceh, for tailed fieldwork and data gathering were carried out in their participation throughout this study. July to December 2009, and revalidation was pursued till March 2010, by a team consisting of Lilik Hidayat, Dr. Herman Soesangobeng, expert on land affairs in Rudi Isnandar, Shalawati Mohammed, and Srinivas Indonesia (particularly on adat traditions and practices), Shivakumar. has been an invaluable resource to the research team, generously sharing the insights on land laws and prac- Andreas Groetschel, Dr. Joan Hardjono, Dr. Kyoko tices gleaned from his long experience both in Aceh Kusakabe, and Ms Ria Fitri advised on the prepa- and at the national level. We are particularly grate- ration of fieldwork. Throughout this study, Dr. John ful for his expertise, kindness, and constant support. Kurien (Senior Advisor, United Nations Food and Erna Heryani, former Director (Land) at the former Agricultural Organization, based in Banda Aceh) pro- Badan Rehabilitasi dan Rekonstruksi (BRR; Agency for vided advice on methodology and analysis. Guidance Rehabilitation and Reconstruction) in Banda Aceh and received from Nina Bhatt is thankfully acknowledged. involved in relocation and resettlement issues, as well Safriza Sofyan and Akil Abduljalil (Multi-Donor as land acquisition, provided advice and support in her Trust Fund for Aceh and Nias in Banda Aceh) and special areas of expertise. The team also benefited from x input and assistance provided by Eka Sukma (formerly Program assistance in Washington, DC was provided by with BRR’s Land Unit in Banda Aceh and now BPN, Cynthia Dharmajaya. Logistical and administrative sup- Jakarta). port was provided by Triana Gustiandari, Friesca Erwan, and Nizamuddin Lubis at the Bank’s Office in Banda Special thanks also goes to J. Sudarjanto Wirodarsono Aceh and Retno Widiana and Yulita Sari Soepardjo (expert on land law and customary practices), Ria Fitri at the Bank’s Jakarta office. Ira Marina assisted in for- (a member of the Project Steering Committee of the matting and initial proofreading. Support of colleagues Reconstruction of Aceh Land Administration System Lixin Gu, Andre Bald, Kris Hedipriyantoko, Rebekka [RALAS] and a Lecturer at the Law Faculty at Unsyiah Hutabarat, and Agus Sjamsudin, all in Banda Aceh, is in Banda Aceh), and Kurniawan (a former staff mem- gratefully acknowledged. ber at Oxfam and International Development Law Organization (IDLO) in Banda Aceh and currently Funding support for this study was provided by the Lecturer at Unsyiah, Banda Aceh), who shared their Gender Action Plan (GAP) Trust Fund and MDF, knowledge, experiences, and insights on land and gen- both administered by the World Bank. der relations in Aceh and Indonesia in general. The team acknowledges the collaboration of the respon- The peer reviewers of this study were: Gillian M. dents and participants in the focus group discussions, Brown (Principal Gender Advisor, AusAID); Eija Pehu geuchiks (village chiefs), camats (subdistrict chiefs), of- (Lead Specialist and Chair of the World Bank Gender ficials at BPN’s provincial and district land offices, ka- Thematic Group in Washington, DC); and Helene Rex bupaten (district administration) and walikota (head of (Senior Social Development and Gender Specialist, municipal government) offices in several districts, and Bank Office in Vientiane, Lao People’s Democratic members of the land registration field teams, who spent Republic). considerable time sharing their experiences and views. xi t A b l e o f c o n t e n t s Section Particulars Page No. Acronyms and Glossary ......................................................................................................................................iii Acknowledgments .............................................................................................................................................. ix Executive Summary ..............................................................................................................................xv–xxviii 1 Introduction .................................................................................................................................................. 1–6 1.1 Background on Aceh ............................................................................................................................. 3 1.2 Cultural Factors and Women’s Land Ownership Rights ....................................................................... 4 1.3 Gender Relations and Property Rights .................................................................................................. 5 2 A Description of the Sociocultural Environment in Aceh ............................................................................. 7–18 2.1 Customary (Adat) Practices ................................................................................................................... 7 2.2 Minangkabau Traditions and Matrilineal Practices in Aceh ................................................................ 10 2.3 Islamic (Shariah) Law .......................................................................................................................... 13 2.4 State Law and Regulations .................................................................................................................. 14 2.5 The Province of Aceh: Policy and Legal Environs ............................................................................... 16 2.6 Conclusions ......................................................................................................................................... 17 3 The Study .................................................................................................................................................. 19–27 3.1 Objectives of the Study........................................................................................................................ 19 3.2 Framework of the Study and Methodology ......................................................................................... 19 3.3 Profile of the Sample ........................................................................................................................... 22 3.4 Focus Group Discussions (FGDs) ....................................................................................................... 22 3.5 Composition and Distribution of the Individuals Interviewed ............................................................ 24 3.6 Summary of Formal Titling Outputs in Aceh (from the tsunami until June 2009)............................. 25 4 Women, Gender, and Land Ownership in Post-tsunami Aceh ................................................................... 29–50 4.1 Overall Economic Status of Women and Characteristics of Their Land Ownership .......................... 30 4.2 Women’s Land Ownership and Inclusion of Women in Decision-Making ....................................... 32 4.3 Methods by Which Land Is Obtained and Gender Variations ........................................................... 33 4.4 Participation of Women in Securing Land and Ownership Rights ..................................................... 34 4.5 Norms and Procedures for Land Registration and Certification ......................................................... 37 Documents Required to Secure Land Certification ..................................................................................... 37 R easons for Converting Customary (Adat) Holdings or Deeds ( Jual Beli) to Formal Titles (Hak Milik) .............................................................................................................. 38 Registering Subsequent Transactions ........................................................................................................ 41 xii 4.6 Methods of Documenting Land Transfers ..........................................................................................42 Dealing with PPATs and Camats ............................................................................................................42 Are People Confident in Dealing with PPATs and Camats on Land Matters? ...........................................44 . Experiences at the Land Office .................................................................................................................45 4.7 Joint Titling: Level of Awareness, Compliance, and Attitudes ............................................................46 . Awareness and Willingness on Joint Titling .............................................................................................47 Attitude toward Joint Titling .................................................................................................................49 5 Changing Traditions in Land Ownership in Aceh ....................................................................................51–68 5.1 Matrilineal Inheritance Practices .........................................................................................................51 5.2 Inheritance of Property ........................................................................................................................55 5.3 Attitudes toward Women’s Land Ownership Rights over Inherited Assets ........................................56 Remarriage and Family Reconstruction in Post-tsunami Aceh and Its Impact on the Property Rights of Women ................................................................................................................58 5.4 The Role of Extended Families ............................................................................................................59 W ere There Instances of Denial of Women’s Entitlements by Extended Families? .........................................61 Was There Denial of Claim for Guardianship Rights? ...............................................................................61 Guardianship and Land Registration .......................................................................................................62 5.5 Relevance of Adat Traditions and Land Rights ...................................................................................65 6 Formal Institutions and Land Ownership in Aceh .................................................................................69–100 6.1 Gender Relations and Land Issues at the Community Level ..............................................................69 6.2 Land and Property Rights, Formal Institutions, and Inclusion of Gender Concerns ..........................70 Trusting Traditional Leaders ...................................................................................................................72 Trusting Formal Institutions....................................................................................................................74 6.3 Knowledge and Role of Local Officials in Land Matters and Gender Concerns ...............................77 6.4 Was There Any Evidence of Women Dispossessed of Their Landholdings?........................................83 6.5 Origin and Type of Land Disputes Post-tsunami ................................................................................88 6.6 Gender Variations in Land Disputes ...................................................................................................90 Individual versus Group Conflicts over Land Areas ..................................................................................91 6.7 Options Available for Land Dispute Resolution .................................................................................92 6.8 The Role of Media in Promoting Women’s Land Rights ....................................................................97 6.9 Summary .............................................................................................................................................98 7 Conclusions and Recommendations ...................................................................................................... 101–112 Conclusions ............................................................................................................................................... 101 Recommendations ........................................................................................................................................ 106 Bibliography and References ........................................................................................................ 113 List of Figures Figure 2.1: Areas of responsibility of various adat committees in Aceh..................................................................... 9 Figure 3.1: Age classification of individual respondents .......................................................................................... 24 Figure 3.2: Marital Status of Individual Respondents.............................................................................................. 24 Figure 3.3: Education Level of Individual Respondents .......................................................................................... 25 Figure 3.4: Occupation of individual respondents .................................................................................................... 25 Figure 3.5: Total number of post-tsunami titles distributed under various programs ............................................. 26 Figure 4.1: Average landholding size (by gender)..................................................................................................... 31 xiii Figure 4.2: Types of land registered by gender ......................................................................................................... 33 Figure 4.3: Distribution of respondents by gender and documentary evidence submitted ...................................... 37 Figure 4.4: Reasons for registering landholding with government after the disaster ............................................... 40 Figure 4.5: Reasons for not formally registering subsequent transactions ................................................................ 41 Figure 4.6: Where will you register your next land transaction? .............................................................................. 42 Figure 4.7: Preferred official for creating land records ............................................................................................. 43 Figure 4.8: Under whose name should matrimonial property be registered? ........................................................... 48 Figure 5.1: Awareness of women’s inheritance rights ............................................................................................... 51 Figure 5.2: Perception of geuchik and local leaders’ familiarity with women’s inheritance rights ............................. 54 Figure 5.3: Should inherited land be registered in a woman’s name? ....................................................................... 56 Figure 5.4: Perception on responsibility for ensuring inheritance rights of minors.................................................. 61 Figure 5.5: Do you believe that adat traditions are likely to decline? ....................................................................... 67 Figure 6.1: Types of issues for which people seek Shariah court support ................................................................. 71 Figure 6.2: Change in level of trust in local leaders on land matters ........................................................................ 73 Figure 6.3: Change in level of trust in the formal institutions on land matters ....................................................... 75 Figure 6.4: Perceived reasons why trust is likely to decline in the Shariah court system on land matters ................ 76 Figure 6.5: Where women seek support to resolve land issues ................................................................................. 92 Figure 6.6: Where would you go outside the community to resolve land disputes? ................................................. 93 Figure 6.7: Reasons for trusting adat and the geuchiks on land matters.................................................................... 94 Figure 6.8: Perceptions of geuchik’s decision making on land matters ...................................................................... 95 List of Tables Table 1.1: Summary of the Key Conclusions and Recommendations ........................................................................xxv Table 3.1: Distribution of the respondents (primary and secondary sources) .............................................................. 23 Table 4.1: Gender equality indicators in titling steps .................................................................................................. 35 List of Boxes Box 4.1: Inclusion of Women in Adat Committees .................................................................................................. 32 Box 4.2: Most Women Acquire Land through Inheritance...................................................................................... 34 Box 4.3: Women Proactively Registering Their Landholdings ................................................................................. 38 Box 4.4: Women in Public Spaces: Changing Trends and Emergence of Vocal Leadership among Women .......... 39 Box 4.5: Need for Strengthening Adat Traditions and Practices .............................................................................. 40 Box 4.6: Are Camats Better Placed to Strengthen the Land Administration System at the Kecamatan Level? ....... 46 Box 5.1: Are Women Turning Their Backs on Traditional Inheritance Practices in Asset Sharing? ....................... 54 Box 5.2: Migration and Inheritance .......................................................................................................................... 55 Box 5.3: Women’s Attitude toward Potential Intrahousehold Conflicts .................................................................. 57 Box 5.4: Reconstruction of the Family Life through Remarriages after the Disaster .............................................. 59 Box 5.5: Raising Concerns on the Outreach and Capacity of the Shariah Courts ................................................... 63 Box 5.6: Were There Any Denials of Women’s Guardianship Rights?..................................................................... 64 Box 6.1: Are Adat Traditions at the Crossroads? ...................................................................................................... 70 Box 6.2: Making Adat Relevant ................................................................................................................................ 74 Box 6.3: Geuchik: Is He a Community-Based Facilitator or Service Provider for an Informal Payment? ................ 83 Box 6.4: Women’s Efforts in Securing Access to Their Land and Property Rights .................................................. 86 Box 6.5: Personal and Property Losses and Recovery of Life and Livelihoods ........................................................ 87 Box 6.6: More Challenges Confronted in Land Matters .......................................................................................... 89 xiv Box 6.7: Importance of Government-Led Coordination .......................................................................................... 90 Box 6.8: Women’s Views on the Work of Geuchiks ................................................................................................... 93 Box 6.9: Variation in Adat and Its Impact on Landholders....................................................................................... 97 Box 6.10: Aid Agencies and Missed Opportunities ................................................................................................... 98 Box 6.11: Were There Any Instances of Breach of Trust?......................................................................................... 100 Map Map 1: Study areas .................................................................................................................................................. 27 List of Photographs Photo 4.1: Women landholders participating in a community meeting, Pidie, 2008. ....................................................... 34 Photo 4.2: A woman landholder looking at her title certificate, Lhok Nga, Banda Aceh, 2008. ........................................ 36 Photo 4.3: Landholders submitting documents to the adjudication team for verification and registration, Pidie, January 2009. ............................................................................................................................ 38 Photo 4.4: Registration in progress in desa Mon Keulayu in kec. Gandapura in Bireuen district, 2009 ........................... 43 Photo 5.1: Brochures produced and distributed by the RALAS field team on guardianship .............................................. 62 W Photo 6.1: omen landholders examining cadastral maps produced by the adjudication teams, Aceh Utara, 2008 ........... 84 Photo 6.2: A geuchik in Pidie district with his family alongside copy of a community land map, 2008 ............................. 99 Additional Charts and Graphics .......................................................................................................... 117–123 Figure A.1: Do men and women view that they have equal property rights under adat practice? Figure A.2: Reasons for giving land to daughters through inheritance Figure A.3: Reasons for not being able to give land to daughters through inheritance Figure A.4: Who was given guardianship rights? Figure A.5: Was there any dispute you are aware confirming guardianship and inheritance rights claimed by women? Figure A.6: Perceived reasons for decline of adat Figure A.7: Awareness on obligations of guardians under Shariah laws on protection of minors. Figure A.8: Will you recommend other landholders to formally register their property? Figure A.9: Reasons for not recommending other landholders to formally register their holding Figure A.10: Reasons for trusting the Shariah court system on land matters Figure A.11: Are you aware of the joint titling option? Figure A.12: Will you agree to jointly title your land and property in the future? Figure A.13: Reasons for not accepting joint titling as an option for property held Appendices................................................................................................................................................. 125 xv executive summAry The tsunami that originated from the Indian Ocean in men as well as women, and in rural agricultural and 2004 wreaked massive destruction, killing more than fishing communities, both women and men perceive 130,000 people and displacing half a million individuals the domination of men as “natural” and land issues to in Aceh, Indonesia. More than 800 kilometers of coastline be “naturally” the dominion of men. Women are rel- was affected, and close to 53,795 land parcels were destroyed. egated, at best, to the role of beneficiaries. At the start The land administration system sustained significant dam- of the reconstruction efforts, the importance of creat- age because documentation of land ownership was washed ing and nurturing forceful symbols of community em- away along with people’s houses and other possessions in the powerment was recognized. In that sense, the tsunami affected communities. Physical boundary markers, includ- disaster created opportunities for social and physical ing trees and fences, also disappeared. A dditionally, close to reorganization and changes in gender relations that one-third of the land office personnel perished. When the would not have been possible before. The dynamism disaster struck, Aceh was reeling from three decades of civil displayed by women in recovery and reconstruction strife. Five years later, in 2009, the province was still in the could be channeled into triggering new models of par- process of recovery not only from the devastation of the tsu- ticipation and leadership. nami but also from years of unrest. A well-functioning, gender-sensitive approach to Whereas there is universal recognition that natural land and property rights is crucial to the management disasters affect women and men in different ways, of reconstruction and development agenda in a post- there are few guidelines to ensure a gender-sensitive disaster situation. This approach is also essential for approach to disaster management and reconstruction maintaining social cohesion, establishing legal certainty programs. When the tsunami and earthquake shattered on which recovery and reconstruction are dependent, housing and other coastal infrastructure, it also shook and protecting the rights of women. Yet, around the the foundations of Acehnese society and the social capi- world, most institutions are not currently well-prepared tal built over decades. The disaster took away from many and capable of delivering this approach, particularly to women the existing safety nets offered by the family, take into account the interests of women. especially spouses or parents. In a society in which the man is still regarded as the head of the household, this new reality has brought an additional burden to many women. Neglect of gender concerns in the context of Objectives, Methodology, and disasters and a lack of mechanisms for women’s partici- pation in the reconstruction process would only further Study Sample perpetuate and reinforce gender-based inequalities. The premise of this research study is that the gender Land is a powerful symbol of community, family aspects of women’s access to land and property rights solidarity, and culture. These symbols operate for cannot be understood solely as an administrative or xvi procedural issue, but should be considered a part of the fieldwork conducted under the Project Implementation broader social and cultural dimensions. These dimen- and Beneficiary Assessment (PIBA) undertaken by an sions need to be understood in relation to development independent consultant team for the World Bank in opportunities, constraints, and risks facing women and August to November 2008. affecting their ability to participate in the process of reconstruction and development. Understanding the The preliminary fieldwork for the study was conducted macro social and institutional processes is essential to in April to May 2009; intensive, detailed studies were influencing and supporting changes to enhance gender conducted between July and December 2009. Thereafter, equity on land and property rights. a small team of researchers carried out follow-up field- work until March 2010. Individual interviews were con- The overall objective of this study was to review the gen- ducted in 41 villages. FGDs were conducted with ben- der impacts of land titling in post-tsunami and postcon- eficiaries in 37 villages where certificates of land title flict Aceh. Specifically, the study would: were issued through RALAS or Proyek (Pertanahan) Nasional (PRONA; a nation-wide BPN titling program NN review experiences in the restoration of land and that distributes land title certificates to poorer families). property rights, particularly with regard to the in- Field research eventually included 393 individual inter- clusion of gender concerns and addressing wom- views and 23 FGDs with 340 participants. In addition, en’s access to land rights; there were 1,185 secondary informants. In total, 1,949 NN analyze the extent to which such activities and re- respondents participated in this study (individual inter- sults are sustainable or replicable; and views, FGD participants, local authorities, NGO repre- NN provide recommendations for further study and sentatives, and other informants). future action. The results of this study need to be appreciated within In undertaking the study, particular reference was the following limitations: (a) it is affected by the absence made to the work of the Reconstruction of Aceh Land of baseline information and gender-disaggregated data Administration System (RALAS) project, implemented on land; (b) the scope of this study is limited to land by the National Land Agency (BPN), and funded by and property rights only; and (c) by the time this study the Multi-Donor Fund for Aceh and North Sumatra commenced, the RALAS Grant had closed, and there- (MDF), administered by the World Bank. Three meth- fore the study served mainly to assess and document the ods were used to gather primary data: (a) structured in- experiences and lessons learned. terviews of landholders using a survey questionnaire; (b) in-depth focus group discussions (FGDs) with women and with mixed-gender groups; and (c) FGDs with vil- lage leaders, local officials, and BPN (National Land Agency) staff. A revalidation survey of the RALAS Summary of Findings Work Program of 2008–09 was pursued in July to October 2009. main findings Secondary information was collected from BPN staff NN Both government-coordinated and community- at the district, provincial, and national levels; offi- based approaches for recovering and restoring cials from the Shariah (Islamic) court; officials from land and property rights are crucial for creating the Women’s Bureau Agency for Rehabilitation and confidence among land owners and disadvantaged Reconstruction of Aceh (BRR); local authorities; repre- groups in the disaster-affected areas. sentatives of housing providers, international organiza- NN In Aceh, as is common in other parts of Indone- tions, and nongovernment organizations (NGOs); and sia, there are multiple land tenure regimes, both other stakeholders. This study also drew from the earlier traditional and formal, operating at the same xvii time. Some of these systems are gender-neutral. NN Some traditional practices pertaining to inheri- The informal systems have provided communi- tance are favorable toward women’s rights. How- ties with discretion to manage land tenure within ever, when the stakes were raised, as evidenced a broad socioeconomic framework that assigns in cases confirming inheritance and guardianship equal rights to women and men. However, as rights after the disaster, power relations intervened conditions after the tsunami disaster have shown, at all levels. This situation was further complicated some of these land tenure regimes changed and by the lack of clear standards and accountability compliance was not necessarily gender-equitable. in the adat practice. The lack of representation of There were also reported instances of arbitrary women in local committees, along with other fac- denial or dispossession of claims, highlighting the tors, coalesced to create substantial uncertainty, fact that the rights of women in regard to land thereby disempowering women in reestablishing issues can hinder broader reconstruction and de- access to their land and property rights. velopment efforts. NN Most women continue to depend on the advice of NN The lack of harmonized procedures between differ- geuchiks, local leaders, and religious leaders, who ent land tenure regimes and gender-sensitive tools still play a significant role in protecting land and for use at the community levels posed formidable property rights. However, there is a gradual matur- challenges in promoting dialogue and participa- ing of this relationship in the sense that women tion of all stakeholders. At the same time, because are beginning to seek explanation of and question of the lack of information dissemination, a major- some of the decisions made by local leaders. ity of the land titles had been—or are at the risk NN Sustained and well-coordinated information cam- of being—registered in the names of men, a trend paigns and socialization programs are critical to noticeable around the world as property is com- protecting and restoring land and property rights moditized. This demonstrates that there is a need of all sections of society, particularly women. Such to build synergies between and among coexisting programs should pay particular attention to prop- land tenure systems to ensure that women’s rights erty rights in the case of inheritance, guardianship, to land and property are protected in a sustainable, and remarriage and should effectively reach every equitable manner. community. NN Adat (customary) traditions and practices on land NN Despite the widely recognized importance of rights, combined with Islamic principles, continue adat traditions and practices, public institutions to remain popular. Geuchiks (village heads), local tended to overlook them after the tsunami disas- leaders, religious personalities, and other influen- ter, focusing exclusively on interventions of aid tial individuals continue to play a significant role agencies and the government. Although the role in these practices. However, there are significant of the government in coordinating aid efforts and shortcomings in the actual application of adat tra- clarifying legal ambiguities in land and property ditions and practices as well as Islamic principles matters is important, the fact that most societies and laws. rely on social and community networks immedi- NN After the tsunami in 2004, the interface among ately after a disaster to rebuild their lives will have the adat, local institutions, and government insti- to be recognized and supported. The absence of tutions proved to be valuable in restoring the land gender-disaggregated data also constrained gov- rights of affected families and women in particular. ernment programs and projects from addressing However, lack of knowledge and familiarity of the women’s concerns. new generation of geuchiks and religious and local NN The government’s normative procedures and tem- leaders on adat traditions, Islamic principles, and plate models, mechanically applied in the postdisas- formal law resulted in the delivery of subjective de- ter situation, ended up creating legal ambiguities and cisions and a perception of declining upward and suspicions of denial of rights among the landholders downward accountability of these leaders. and communities. xviii On a positive note, the work of NGOs and aid agencies, Despite the hurdles, there is widespread evidence along with civil society groups, including local authori- that women assumed leadership roles and learned to ties and informal and religious leaders, proved critical be more assertive after the disaster, albeit in noncon- in building a broad-based consensus around restoration frontational ways. Despite diversity in terms of live- of women’s property rights and in signaling good prac- lihood strategies and individual household conditions, tices and fair governance. There is also an acknowledged this study illuminated some general trends in methods need among these groups and the media for indepen- by which women sought to recover their land and prop- dent orientation and training on gender relations in land erty rights. The main approaches to land recovery and administration after the disaster and, more specifically, reconstruction by women immediately after the disas- on how to socialize the new procedures and programs ter included the use of temporary markers to claim land intended to protect the rights of disadvantaged groups rights (to prevent pressure on them, women often used and enhance tenure security. the names of their male family members). Women also took a lot of interest in community-level and neighbor- After the tsunami, women were not only on the verge hood-level efforts to protect their rights. The high levels of losing assets and livelihoods, but in some cases, of women’s participation in community land-mapping even their social recognition and status were at risk. illustrate this strong interest. This is partly due to male preference in inheritance, male privileges at the community level, and male-bias Field research shows that in the midst of civil strife in government programs that provide land for reloca- and chaos, women have played a key role in preserving tion and housing. Women’s quest for survival and se- normalcy and order within the family and community curity of tenure after the disaster was possible only and in protecting household land and property rights. with the cooperation of male relatives or men in vari- In many instances, women assumed primary responsi- ous community-level and local-level institutions. The bility for earning an income, managing household re- prevailing rules, social norms, and conventions, and sources and assets, and nurturing the family. They also the hierarchical relationships in these social and in- played a significant role in translating individual griev- stitutional arrangements, impeded women’s access to ances during land recovery and titling activities into essential information. social concerns (e.g., action initiated by women in desa [village] Ulee Blang Manne in Lhok Seumawe). However, Traditionally, more women than men received land there were also instances that illustrated women’s lack and property through inheritance, but such owner- of legal rights to land and property that, in the context ship is held without formal documentation. Some of civil strife and postconflict environment, may reduce traditional practices pertaining to inheritance are fa- them to mere targets and beneficiaries of rehabilitation vorable toward women’s rights. Although they can be programs and projects (e.g., relocation support families described as ensuring women’s rights, they also subtly citing male members as head of the household; lack of encourage women to conform to traditional gender roles women’s participation in the community forums and lo- as the primary family caregivers. However, these tra- cal committees). There has been a tendency among reha- ditions and practices, including those relating to adat, bilitation programs to focus on returnees, displaced per- are not homogeneous within the province and are se- sons, and demobilized soldiers only. The main questions riously affected by the level of understanding among are: (a) do land governance strategies and programs rec- individual local leaders. In the case of inherited land, ognize women’s particular needs; and (b) do they seek this study found that more women than men continue to build on women’s skills and capacities. In that sense, to hold land without formal documentation. After the the discussion on postconflict societies should be posi- tsunami, women found it more difficult to register and tioned to integrate women in ensuring tenure security. secure a title certificate for inherited properties because Aceh’s postconflict experience in land administration their claims had to be endorsed by senior male members has shown specificity and diversity in the role of women, in the family and the community. and these must be acknowledged and nurtured. In that xix context, a gender perspective is relevant to enabling relocation, geuchiks and local leaders were seen as favor- women to secure tenure rights in postconflict societies ing more powerful people and as denying women their and for the achievement of sustainable peace. The fail- rights. Further, the new generation of geuchiks, imeums ure to recognize gender factors in land administration (traditional village leader), and local leaders are not al- is bound to generate new tensions over identity, status, ways familiar with Islamic principles, adat traditions, or and power that may threaten peace and security in post- even traditional land borders and rights in the areas they conflict societies. govern today. The increasing power of Shariah institu- tions, at times inappropriately applied or interpreted, Discrimination against women was always subtle, but also discriminates against women. The observation is its impact was not at all insignificant. The mindset of especially significant because many senior adat as well government institutions against mainstreaming gender as Shariah leaders perished during the tsunami and thus, concerns is a major hurdle to be overcome. The reported younger, less knowledgeable people are now in positions loss of property rights in recent remarriage and guard- of power and decision-making. The views of the ulamas ianship cases proves that women’s land rights are al- (Muslim religious scholars) are respected, but the de- ways at risk unless sufficiently protected with safeguard gree of respect is not homogenous across Aceh and vari- measures. More serious still, in cases of intimidation by ations are noteworthy. This study concluded that there males from the extended family, many women simply do is a need to make authorities at local and district lev- not complain for fear of repercussions. els more aware of women’s legal, customary, and tradi- tional rights and their respective roles and responsibili- Adat processes were useful in reconstructing land ties, to ensure inclusion of women in land recovery and and property rights but were also increasingly seen reconstruction. as ambiguous, subjective, and unaccountable, lead- ing to perceptions of unfair decision-making that did Community-based activities are important for ensur- not produce lasting resolutions. Adat and local lead- ing women’s participation. In the land recovery and ers continue to elicit wide support and remain the fa- reconstruction efforts, women’s participation was found vored forum for dispute resolution. Most find adat to to be higher in community-based activities (e.g., com- be simple, fast, culturally relevant, and appropriate to munity land mapping (CLM) and preparing related the local context; local leaders remain the closest form forms) than in other programs. Community-based ac- of authority to the vast majority of landholders and are tivities gave women confidence, provided information seen as the first contact for most government concerns on tenure security, and offered opportunities for infor- including land. However, this situation may be rapidly mation dissemination. Community land mapping was changing as women, children, and other vulnerable seen as a significant activity in three aspects: it covers a groups, who have little influence over decision-making bigger area in terms of scope and consequently greater and are underrepresented in local committees, remain community involvement. It seeks to institutionalize to be the most disadvantaged and potentially discrimi- community-driven solutions, thus speeding up recovery nated against under adat processes. In addition, much and reconstruction work. It also demonstrated how adat discretion lies in the hands of the local leaders, who are and customary landholdings could be systematized and virtually all men. standardized, taking into account the requirements of women and their input into the process of land recovery Many decisions of the geuchiks and local leaders on and reconstruction. inheritance, guardianship, and remarriage were seen as male-biased and arbitrary. Most government de- Aceh has demonstrated that the formal and active partments and local and village institutions are male- participation of women in determining land and dominated. Evidence indicates that people are gradu- property rights is imperative to the success of recov- ally losing their trust in the objectivity of geuchiks and ery and reconstruction programs after the disaster. local institutions. In the case of land acquisition and This is critical because the recovery and reconstruction xx processes are all managed by government and commu- that they are indeed subordinate to men and to resort nity-based traditional or religious leaders—all of them to resolving issues within the family or at the commu- disinclined to empowering women before the disaster nity level; men were more ready to seek outside help. and well placed to maintain the status quo thereafter. Only a handful of cases were referred to Shariah courts The enhanced participation of women in such restora- or formal judicial institutions. Women prefer to forego tion and reconstruction work depends on the quality of their claims and accept a compromise rather than fight socialization and attention paid to specific issues they for their rights within the family, so as not to put peace confront. and harmony at risk. They are also less likely to appeal against an unsatisfactory decision with a higher author- The continued underrepresentation of women in al- ity. Women themselves need to be more aware of their most all village institutions and government agencies legal, customary, and traditional rights. adversely affected restoring their property rights in a timely and transparent manner. Women’s partici- Information dissemination is important to uphold- pation levels were often low because of local cultures ing women’s rights. In the backdrop to the social and that consider men the appropriate and automatic rep- economic changes that occurred after the tsunami, field resentatives of households. Occasionally, women were surveys confirmed that women’s access to land and prop- not able to attend meetings because their husbands (or erty rights depended on information dissemination and male members in the family) prohibited it. As a result, understanding of gender issues that shape public opin- women’s issues are often not taken seriously or are over- ion and drive social policies regarding women. NGOs looked by the authorities in land affairs. Although re- and civil society groups have strived to introduce gender cent efforts are taking root under the Law on Governing concerns into the local agenda with a particular focus Aceh (LoGA) to enhance women’s formal participation on women’s access to land and property. Nevertheless, in adat and other committees, it may take a long time they were similarly constrained by existing practices and before gender equality can attain prominence in prop- social structures. erty matters and resource management. Women’s access to land and property rights after the The tsunami disaster created unequal relationships disaster was undermined by cultural and social stereo- in the community setting and more so in the case of typing and misconceptions. This study found that some women’s access to land and resources. Evidence indi- Indonesian government institutions typically stereotype cates that social norms at times can be selectively ap- men as the head of household and women as dependents. plied to benefit an influential disputant or claimant, Such stereotyping has led to flawed implementation of by-passing the claims of women. Consequently, wom- policy prescriptions and procedures developed for en- en’s land and property rights are not acknowledged hancing women’s access to land and property rights. The uniformly in every situation. Well-connected and net- implications of stereotyping by government institutions worked women (or male members in a household) travel are serious, and the negative consequences affect, shape, a smooth road, whereas the weak experience difficulty. and strengthen social structures and power relations in This lack of consistency in decisions and absence of an society. Respective government agencies need to chal- oversight mechanism has eroded people’s confidence in lenge misconceptions and stereotyping of women’s ac- traditional structures. cess to land and property rights by local institutions and stakeholders from the start of the recovery operations. Most property issues are settled at the family (or com- munity) levels. In the case of land disputes triggered by Poor execution of the process of restoration and recon- the tsunami (e.g., inheritance, guardianship, ownership struction of land rights may contribute to perceptions in case of remarriage, or restoring access to pre-tsunami of corruption or denial of rights and consequently holdings), women’s rights were generally acknowledged. erode people’s confidence in local governments, However, in some instances, women tended to accept Shariah institutions, Shariah courts, and the govern- xxi ment in general. Lack of information dissemination, portant information about land tenure and preserving poor understanding of some local leaders about adat land rights in the face of the severe upheaval caused by practices and Islamic principles, and the distant loca- the tsunami. The NGOs, in turn, were quite effective in tion of Shariah courts, formal judiciary, and formal land disseminating this information at the community level offices and their inefficiencies may all reinforce the idea through their various outreach and reconstruction as- that the land administration and management system sistance programs. Another example of a positive out- is corrupt and leads to loss of property rights. Instances come resulting from innovative collaboration relates to of poor execution of the process of restoring land rights government-NGO-community cooperation in prepar- may be due to inefficient systems, but nonetheless con- ing CLMs. This was effective in enabling an early start tribute to public perceptions of mismanagement. Any for the reconstruction work, giving local voices a space inaction on the part of the concerned institutions risks in reconstruction planning and allowing communities of alienating women and other progressive segments of to acknowledge and reinforce the rights of women and the population. vulnerable members of the community. People’s trust in Shariah court is conditional. Aceh The work of Shariah courts in determining guardians is the only province in Indonesia to have instituted the for tsunami orphans and resolving inheritance and other Shariah system of justice. Several judgments delivered family disputes was a positive action acknowledged by and fatwas (an Islamic religious ruling) issued by the civil society and complemented by legal training and lo- Shariah institutions and Shariah courts are increasingly gistical support from NGOs, international organizations, seen by public as displaying antiwomen tendencies. and the government. The tsunami disaster triggered pub- Similarly, there is widespread awareness that the inter- lic discussion involving government actors, NGOs, and pretation of specific provisions in Shariah laws is some- academics on women’s access to land and resources, re- times unfavorable to women. For example, both women spect for traditions, and protection of women’s property and men were aware that each son is entitled to inherit rights. This discussion resulted in the development of the twice as much as each daughter, in keeping with the joint titling policy. Shariah law. Men were more skeptical about the knowl- edge and capacity of Shariah officials (approximately 56 Without basic awareness of their rights, women are percent) compared with women. The perception exists unable to assert their rights to land and property. This that Shariah court judges and officials are unfriendly to study covered three areas: (a)  the RALAS program; women and do not readily acknowledge women’s rights. (b)  the relocation housing program; and (c)  nontitling If women’s land and property rights are to be protected areas (non-RALAS, nonrelocation villages). In the ab- in postdisaster situations, a balance between the two sence of a baseline study, it is not possible to produce systems followed by the Acehnese, that is, adat and data to show the direct impact of the RALAS program Shariah, needs to be found. In addition, there is a grow- on women’s access to land. However, this study inferred ing need to initiate comprehensive reforms in Aceh that through observations, FGDs, and discussions with geu- should result in Qanun (provincial regulation) support- chiks and camats (subdistrict heads) in relocation areas ing equality and justice for both men and women on and nontitling villages, that the level of awareness about all matters, including their access to land and natural women’s rights to land was low among all of the stake- resources. holders (including women, men, and local authorities), with approximately only 20 percent having a clear un- On a positive note, this study identified innovative derstanding of the range of land rights and protection work undertaken by the government, aid agencies, afforded to women under Indonesian law. When the and NGOs in protecting and promoting women’s responses of informants from non-RALAS areas were access to land and property rights after the disaster. compared with those of the RALAS area informants, One example was the work done by the Land Forum their (i.e., non-RALAS sites) awareness of joint titling in which the government was able to communicate im- policy was also found to be very weak. In most cases, xxii women landholders were also not aware of the procedure land transactions and transfers to prevent land- to convert inherited land into title certificates. Women grabbing and dispossessions. This action, along living in the systematic land titling program areas said with timely information sharing, was the key in Aceh that the program increased their awareness about their to avoid large-scale dispossessions experienced in land rights and the processes to secure their land rights; some other countries affected by the 2004 tsunami. It it also gave them the courage to assert their land rights is important that people be given time to reestablish when they were under threat. Taken together, it is rea- their lives and for traditional land use and holdings sonable to conclude that in the absence of RALAS and to be investigated and clarified in a fair and transpar- the implementation of the systematic titling program ent manner. Only thereafter should new land transac- in post-tsunami Aceh, the dispossession of women in tions, as far as possible, be permitted. terms of their access to land and property rights (includ- ing their entitlements under guardianship and inheri- Government-led coordination is essential to ensure tance) would have been more widespread. timely delivery of support and to eliminate legal and institutional uncertainties. Coordination mechanisms should neither slow down the speed of delivery of sup- port nor constrain innovative approaches to restoring property rights and recovery or reconstruction work in Key Recommendations general. Rather, coordination mechanisms should pro- mote dialogue and provide a framework within which The traumatic experience of a community in a disaster the various actors can work. Both macro-level and mi- situation cannot be underestimated. It is important that cro-level assistance must be addressed throughout the social, economic, and psychological support is carefully recovery period; hence, it is critical to promote commu- designed to ensure more inclusive and gender-responsive nity-based operations for the recovery and reconstruc- recovery and reconstruction programs. Among other tion phases of work. Government should also coordi- factors, ensuring women’s land rights, anchored in local nate tracking and provision of postdisaster support for cultures and norms, offers socioeconomic support to the women and put in place gender-specific indicators for most vulnerable families while providing a stronger basis monitoring results. for the psychological recovery of the whole community. Sociocultural traditions and practices that support Arising from this study, the following are key lessons and women’s land and property rights should be recognized recommendations aimed at mainstreaming gender con- and strengthened. Specific efforts should be taken to en- cerns in land administration: (a) general lessons relevant sure that local leaders and stakeholders are oriented in a to other postdisaster situations, (b) measures required to timely and transparent manner so they will be support- enhance gender relations in restoring and protecting the ive of reestablishing women’s claims to land. Information land rights of women and other disadvantaged groups, should be couched in the language of local norms and (c)  field-level measures, (d)  policies required to support cultures. It is also important to include the Shariah courts field-level implementation, (e) steps needed to develop ca- and the judiciary in these efforts and to strengthen their pacity and facilitate changes at the local level, and (f) ar- independent roles. eas for follow-up and further research. Concerted efforts are required to listen and respond to the specific concerns of women. In a disaster, the General lessons relevant to other Postdisaster plight of women can be easily overlooked. In addition, situations and in most traditions, women opt not to speak in the presence of men or even interact with men. Hence, there Immediately after a disaster, the responsible gov- is a need to ensure the presence of gender-sensitive de- ernment agencies should initiate action to freeze velopment workers and facilitators who would listen to xxiii the voices, concerns, and needs of women. Approaches are not supported by actual data and can be harmful to enhancing women’s inclusion and participation in for its policy and procedural development. The lack of land and property recovery should be adopted. These gender disaggregated data also favors the perpetuation approaches can be aided by increasing the ability of of such misconceptions. At the very start of recovery women to have voice in local forums. This will not operations, the concerned government agencies should only give women a voice in planning the support to be launch focused efforts to challenge misconceptions and provided, it will also help the larger society to recover stereotyping regarding women’s access to land and prop- quicker from the disaster. erty rights among local institutions and stakeholders. Reengineer Shariah courts to deal with women’s ac- cess to land and property rights. The Shariah courts enhancing Gender relations in land rights should be made accessible to all people, particularly women. The services provided should not be limited to Address mainstream gender concerns within BPN delivery of judgments but should also include an edu- and the land administration system. As the primary cational function. Support for gender sensitization and agency responsible for restoring and protecting land proactive engagement of Shariah court officials should rights, BPN should initiate systematic land registration be provided. Targeted activities should be implemented across the province to safeguard and promote women’s for women judges to travel more widely and disseminate rights to land in the most cost-efficient and effective way, information about the courts and interpretation of the reaching all women, including the most disadvantaged. Islamic law in support of women’s rights. To further gender sensitize this process, BPN should: (a)  prepare a strategy to build in-house awareness on A major new dialogue that needs to be raised is in women’s land rights and gender concerns; (b)  sup- targeting government’s land registration and titling port community-based efforts such as CLM and work functions for women. Currently, most government through a participatory process; (c) increase the number policies are gender-neutral. Although these policies of women staff in the field, in the back office, and in de- capture some women’s issues, these neither distinguish cision-making positions; (d) reach out to various actors, among the groups that are vulnerable and those that are within and beyond the government, through constant relatively protected nor recognize the limitations of lo- information dissemination activities to foster public cal and informal practices and institutions. Therefore, support and build confidence in the concept and process immediately after a disaster, public and aid agencies of land certification; (e)  maintain regular monitoring, need to initiate dialogue on opportunities for enhancing quality control, and gender audit; and (f) establish and women’s recovery of land and property rights. manage gender-specific databases and gender-related indicators on land and property rights at the grassroots Stereotyping that would lead to flawed policy pre- level with aggregated results available for management scriptions for the recovery and enhancement of wom- and policy decisions. en’s access to land and property rights must be pre- vented. Government regulations and statements are Improve local capacities to gather information on pre- replete with prohibitions against discrimination in any disaster land ownership patterns and sociocultural fac- form. However, the government’s own actions in disas- tors that affect them. Action is required at the start of ter planning and recovery often fail to prevent a dispa- recovery operations to gather sufficient information on rate differential impact when it comes to restoration of preexisting ownership conditions. A thorough classifica- women’s land rights. Traditional leaders and govern- tion and analysis of available information can potentially ment institutions are inclined to stereotype women’s make a real impact in enhancing women’s claims on land roles and rights and are less willing to adopt creative and property in the postdisaster environment. Such an solutions and support women’s claims. Some of the gov- effort will help to effectively target women’s needs from ernment’s misconceptions about how women own land the very beginning of reconstruction work. xxiv Focus on community-based activities to create a communication. These groups should be maintained as level playing field for women. Women are more com- channels of communication with the communities and fortable and actively participate in community-based to create an enabling environment for media, civil soci- initiatives. With regard to recovery of land rights, ety, and aid agencies to effectively work together. The CLM, with the involvement of women, should be engagement of media, civil society groups, and NGOs made compulsory in all areas in which land recovery would help build trust and give people confidence that operations are needed and updated titles are being reg- the government is conducting the reconstruction opera- istered. A community-based effort such as the prepara- tions in a fair and transparent way. It will also send the tion of the community land map is a collective activity right signals and reassure citizens (particularly disad- that helps rebuild the sense of community and assists vantaged groups) about the commitment of the govern- in developing community participation and ownership ment and its intention to be more responsive to issues of reconstruction initiatives. and priorities at the local level. Establish checks and balances in the work of the cus- Taken together, the effects of conflicting legislation, often tomary and local social and religious institutions and the result of political struggles and interests and the lack of in monitoring compliance. With the death of elders and political will to adequately address gender inequities and senior members in a community, leadership is generally bias are major barriers in addressing the needs and rights assumed by younger people (mostly men) who may not of women in postdisaster situations. In this regard, there is have sufficient knowledge and familiarity with the land a need to increase the focus on capacity building of women and property rights issues that should be addressed. The and women leaders in the community so they are better need exists for immediate orientation so that the new able to understand and facilitate the change process, par- leaders and their decisions will create serious difficulties ticularly with regard to removing the barriers to women’s that will be a long-term burden on the community. It is participation. It is important that political will at the na- also necessary to ensure more women play key roles and tional level is galvanized to ensure that legislation within provide leadership in local institutions. and across sectors is coherent with regard to gender equity. The national-level government agencies need to dissemi- Build social safety nets for women. Large-scale disas- nate and communicate on gender strategy in a user-friendly ters such as the 2004 tsunami disrupt social safety nets and positive way, building on good practices. The measures generally available to women within families and com- should identify simple, field-relevant practices that can be munities, leaving women vulnerable and reliant on aid easily understood by informal and formal institutions and agencies and other family members. Families tend to their staff. If the letter of the law is to be implemented in become isolated, and to strengthen the sense of com- spirit, strong political will is a critical component because munity and belonging and ensure information flow, entrenched male bias and patriarchal norms need to be up- community meetings are important. With regard to rooted. This is particularly important to enhance women’s registration of new property rights, all new land titling rights to land in the case of postdisaster recovery and re- for married owners should be in both the husband’s and construction work. wife’s names (joint titles) to give women enhanced se- curity in times of crisis and better access to livelihood after the crisis. Reach out to various actors, within and beyond gov- ernment, to foster public support and build confi- Recommendations for Further dence in reconstruction operations. Given the relative Research strength of media groups, civil society organizations, and NGOs, government should put in place at the The study can only go so far, given its defined scope, very start of relief operations measures to ensure open objectives, and available resources. However, in the im- xxv portance of gender and the broader land issues, several ment of gender-specific databases and monitoring areas in need of further research have been identified, their implementation (including archiving) and including: management at all levels. NN Explore opportunities for strengthening local gov- NN Gender concerns are often perceived to be culturally ernments’ capacity on land administration and man- confrontational, and hence there is a need to localize agement and measures required to enhance them. gender-sensitive interventions. Therefore, research is NN Explore opportunities for mainstreaming and required into gender-sensitive norms and traditions strengthening the interface between adat and for- in the local culture (and in land and property rights). mal systems, particularly with reference to women’s NN Research and documentation of gender and land property rights and addressing gender concerns. issues in other provinces (or traditions) of Indone- NN Explore the potential for expanding the CLM ap- sia is urgently needed, particularly in areas at high proach to other conditions and situations so that risk from natural disasters. This should include community-based and gender-focused initiatives identifying measures required for the establish- are internalized within government agencies. TABLe 1 summary of key conclusions and recommendations1 S no Conclusions Recommendations 1. women were found to be active to prevent duplication and inconsistent interpretation, relief and reconstruction agencies, in postdisaster recovery and both governmental and nongovernmental, should coordinate and ensure that gender- reconstruction programs. sensitive approaches are adopted and implemented by all stakeholders. All recovery and rehabilitation work should include activities that are community-based and inclusive. All staff engaged in recovery and rehabilitation should be provided with a quick orientation on gender concerns and how to address them. building on gender-sensitive approaches and community-based activities, encourage and promote the continued equal involvement of men and women in the long-term process of recovery and rehabilitation. disseminate information about the disaster, emergency measures, and who to contact for assistance and support. ensure women-specific information materials are prepared and disseminated. Government departments, aid agencies, nGos, and local media should be sensitized on such matters. 2. discrimination against women seek out and proactively promote the progressive elements of traditional (adat) and islamic on land and property matters practices. recruit more women to decision-making positions both in informal (e.g., adat can be traced back to male- committees) and formal institutions. train informal and formal institutions so that they biased inheritance practices, promote gender equality in land matters. male privileges at the community develop immediate measures to enhance women’s access to assistance and recovery, level, and male dominance including an integrated checklist for gender-sensitive rapid assessments. these measures in government departments. should give sufficient attention to local culture, social norms, and community practices that discrimination could lead to could be incorporated into recovery and rehabilitation work. Risk factors (social, cultural, women losing their claims or institutional, and others) for women should be identified and addressed as priorities in being dispossessed of their planning, implementing, and managing next steps. property. to prevent a summary denial of women’s claims and dispossession of property, in case of relocations (e.g., resettlement or land acquisition for reconstruction), social assessment for each community should be made compulsory so variations in local cultures, practices, and issues could be identified and addressed in a timely manner. in all cases, no minimum number of people or families should be prescribed to trigger social safeguards. (continued) 1. This table presents key conclusions and recommendations only. The format does not necessarily align with the Executive summary and Section 7 of the report. xxvi TABLe 1 summary of key conclusions and recommendations (continued) S no Conclusions Recommendations 3. Property issues are settled Promote literacy on gendered laws to all stakeholders. through family agreement and make compulsory women’s inclusion in adat and other local committees at the village level; are referred to geuchik or Shariah provide women with a focal (contact) point for their land and property related concerns. courts only when consensus is Provincial authorities should coordinate with nGos to ensure that quality gender training elusive. women often accept is available to all adat members and local institutions. further, in all cases, provide gender unfavorable decisions just to awareness training to all adat committee members in cooperation with nGos and civil maintain peace and harmony society groups. A primer or handbook should be available for easy reference. within the family. 4. subjective assessment by ensure there are women occupying state-supported local leadership position such as geuchiks, local and community geuchiks, adat leaders, Shariah judges, or camats. conscious affirmative efforts are required leaders who lack thorough to achieve desired results. knowledge of state law, customary Periodic refresher training ought to cover not only gender theory but also gender-sensitive practices, or religious and family implementation of laws and regulations relating to women’s land and property rights. law often failed to ensure women their full rights. 5. the growing trend of securing using the local language, promote formal titling through dissemination of information formal titles for traditional materials on registration procedures, taxes, and related matters; decentralize and accelerate holdings indicates a desire on land registration programs. the part of the landholders to train all local officials dealing with land registration in women’s rights to land and property. seek enhanced tenure security. maintain gender-disaggregated data about land registrations at every level; orient land However, benefits from modern offices and local institutions about the use of such data. property and land administration practices are not evenly spread. 6. Prevailing rules, social norms, and encourage more women to participate in recovery and rehabilitation teams in order to more hierarchical relationships impede effectively address women’s needs and concerns. equally important, aid and government women’s access to information agencies should include more women members in their teams. essential to claiming their land campaigns promoting joint titling and titling of women’s holdings should be encouraged. and property rights. collaboration with nGos and csos should be encouraged to support women’s rights. women’s quest for survival offer free counseling to all who seek legal information about land and property rights. and security of tenure is largely there should be trained women counselors. contingent on support of male relatives and men in decision- making positions. As a result, women’s legal problems tend to be overlooked or not taken seriously. 7. People’s support to Shariah court support for gender balance and proactive engagement of Shariah court officials is essential. is conditional. Shariah courts have there should be targeted activities for progressive women judges to travel and disseminate seen a significant erosion of public information about shariah courts and interpretation of islamic laws supportive of women’s support because of the perception rights. that the judges and officials working for Shariah institutions are not properly trained in islamic principles and impose undue restrictions on women. the absence of effective and relevant outreach activities was also noted. 8. bPn had both positive and mainstream gender concerns within bPn and the land administration system. negative influences in protecting institute policies to prevent land-grabbing, such as immediate suspension of land women’s rights. it failed to fully transactions in case of disasters. implement policy measures and community land mapping should be promoted as the first step in protecting property and missed an opportunity to promote land rights immediately after a disaster; maps serve as a basis to reestablish ownership and and protect women’s rights. will be useful to both the village administration and individual owners. further, bPn did not maximize the potential of nGos and civil society Geuchiks and other officials should be provided with continuing training and accreditation groups. to engage in land matters. this will also help build interface between formal and informal methods in land administration. 9. women continue to be representation of women in traditional village committees and formal mechanisms should underrepresented in almost be made mandatory. all village institutions and special training should be provided to improve the capacity of women to participate as government agencies. committee members, so that their concerns can be heard and brought to the fore. (continued) xxvii TABLe 1 summary of key conclusions and recommendations (continued) S no Conclusions Recommendations 10. sporadic coordination of recovery national and provincial-level institutions should demonstrate stronger political will. and reconstruction work (among Government leadership is essential to coordinate and provide overall direction to everyone government, aid agencies, nGos, involved in recovery and reconstruction. and civil society groups) generates negative effects. 11. Adat remains popular, but tighten community controls over property rights, through awareness-building supportive shortcomings in its application of women. educate women about their rights and entitlements under traditional and other have eroded public trust. regulations. empower women to claim their rights, because social norms make it difficult for shortcomings include a lack of them to demand property from their husbands or land-grabbing in-laws. consistency in decisions; absence seek out and document traditional, customary, and religious practices that are gender- of an oversight mechanism; and sensitive. train local authorities on their application and monitoring. lack of coordination in the formal Plan and implement training and skills development for geuchiks and local leaders that and village government. these are should result in building interface between adat committees and village government primarily due to lack of training structures, establishing standard operating procedures, allocating budgetary resources, and noninterface between and monitoring performance. this should become part of developing local governance formal and informal systems in capacities. land administration and other government operations. 12. Government agencies have At the very start of the recovery process, the concerned government agencies should become used to stereotyping heighten efforts to challenge misconceptions and stereotyping of women’s access to land women’s roles and rights for land and property rights by local institutions and stakeholders. initiate a major dialogue on the and property rights. government’s land registration and titling functions for women. efforts should include gathering and analyzing gender-specific data, specific measures to develop capacity at local levels, and continuously exploring opportunities to strengthen land administration. 1 S e c t i o n 1 introduction A lthough there is universal recognition that natural needed to be incorporated into postdisaster land recov- disasters have an impact on women and men in ery management programs. different ways, there are few guidelines to ensure a gender-sensitive approach to disaster management The ways by which humanitarian aid organizations and and reconstruction programs. Available literature has re- governments have responded to relief and reconstruc- corded the immense potential and actual contribution of tion priorities in the post-tsunami areas have been ana- women in relief, recovery, and reconstruction processes, lyzed and documented by nongovernmental organiza- as well as their special needs and problems in the post- tions (NGOs)1 and field research. Observers pointed disaster setting. Literature further reveals that women out that in the planning and development of relief constitute a major proportion of affected (or displaced) strategies and reconstruction projects, gender had often populations and are more likely to suffer socially, cultur- been ignored. The lack of understanding of gender in ally, and economically. With sociocultural norms limit- disaster contexts can contribute to the perpetuation and ing their mobility, disasters have a much stronger impact reinforcement of gender-based inequalities in the im- on women. Widows in disaster areas face insecurities, plementation of disaster relief and reconstruction pro- and the death of a spouse leaves many women without grams. Observers have also argued that by responding land or other productive assets. Available literature also to disasters with a gender-centered approach, dispari- illustrates how women in postdisaster areas are adversely ties in power relations and resource acquisition within affected by government policies, relief mechanisms, and the household and society were likely to surface and be related efforts and that these constraints must be recog- addressed. Some reports concluded that experiences in nized fully at the national and international levels. relief and reconstruction programs in Aceh highlighted By destroying housing and coastal infrastructure, the 1. For example, refer to the statement issued by Asia Pacific Forum on tsunami created a window for both social and struc- Women, Law and Development, July 2005, after a meeting of women affected by tsunami from India, Indonesia, Sri Lanka, Thailand, and tural reorganization. However, these opportunities Malaysia in Banda Aceh (Indonesia) 1n July 2005. This gathering could also be exploited by powerful interest groups for documented the low standards in design and construction and their own benefit. To respond to concerns that women climatic conditions of both the temporary and permanent housing facilities in the affected countries that had no consideration for the from coastal communities risked losing their means particular needs of women. It has also recorded denial of rights to of livelihoods and possessions, a mechanism to fa- some of the communities that went back to their villages to rebuild their houses before government action. It claimed that the tsunami cilitate the participation of marginalized and vulner- exacerbated women’s access to land and could potentially create new able groups in small fishing and coastal communities land conflicts or women risked losing their customary holdings. 2 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H that women will continue to face enormous obstacles opened up more space for civil society groups to articu- in a postdisaster setting unless remedial measures were late demands for more effective gender-centered policies immediately taken. that mitigate the impact of a disaster and reduce gender inequalities. The growing recognition of women’s contributions to reconstruction, on the one hand, and the problems they Some trends in Acehnese society favor women. A num- face in this process, on the other hand, have not trans- ber of traditional practices pertaining to inheritance are lated into significantly improved access to resources or favorable toward women’s rights. Various cultural fac- increased participation in decision-making process. The tors ensure women’s rights to property. These include, dynamism displayed by women in recovery and recon- for example, the practice of a husband referring to a wife struction efforts needs to be channeled into creating new as peurumoh (meaning, “owner of the house”); matrilocal models of participation and leadership. This highlights practices by which a daughter receives the natal house the next “big step” needed to advance the role of women as part of her inheritance; hukum adat (customary prac- in a postdisaster situation: expanding the opportunities tices) favoring equal rights for women and giving prior- for them to engage and realize their full potential. ity to their concerns; and local systems that rely on com- munal memory. These practices have protected women’s Ground realities: The Indonesian Constitution, Islamic land rights, notwithstanding the loss of formal docu- laws, and customary practices all allow women and men mentation as a result of the tsunami. equal rights. Specific policy statements and legislations have, at least in theory, removed gender barriers and On the other hand, Acehnese traditions that tend to thus given women equal rights to independently own weaken women’s rights include the new interpretations and manage land and other economic resources. of Shariah and Islamic laws that tend to restrict women’s inheritance rights in favor of men; and limit women’s in- In response to the multisectoral dialogue initiated after the volvement in public spaces by endorsing men’s interaction tsunami, the government introduced a handful of proac- with outside entities. The loss of large numbers of com- tive policies that, together with the efforts of civil society munity elders and informal leaders, along with geuchiks groups, limited to a large extent the negative impacts of (village heads), served as an obstacle toward confirming recovery programs on women. These included the govern- land history and restoring women’s land rights. Acehnese ment ban on land transfers in the period immediately after society has also witnessed an increasing displacement of the tsunami, joint titling, and other gender-inclusive ap- families and migration that favor the formation of nu- proaches. Along with some of the more positive aspects clear families over the traditional, extended family sys- of customary (adat) practices, these measures reduced the tem, which in turn has concentrated power in the hands number of dispossessions and loss of land rights. of men as household heads. In addition, Indonesia is fac- ing the challenges of promoting the empowerment of The Acehnese have preserved strict family and custom- women and good governance, as well as effectively ad- ary traditions, which can be described as caring as well dressing economic growth, equitable access to productive as subtly forcing women to conform to traditional roles. opportunities, and distribution of resources. In addition to societal obstacles that women face, their status is also affected by national and regional policies Because of the nature of the emergency in 2004, most and programs. The emergence of new interpretations of reconstruction programs in post-tsunami Aceh could Shariah laws in Aceh and in Indonesia in general can not gather comprehensive baseline data including gen- challenge the gains women have achieved so far, as well der-specific information. Despite this situation, there is as hinder future possibilities. Events since the 2004 tsu- by now a basic body of literature on experiences in man- nami have sparked renewed interest in social policies aging post-tsunami reconstruction programs. Many ele- and gender-based approaches to disaster management ments of the story are clear. Multiple case studies exam- and postdisaster development. These events have also ined commonalities to determine causal factors; most of S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 3 the studies focused on structural conditions. For causal Gayo (11 percent), and Alas (4 percent). In practice, the factors to be relevant, it is important to identify and ver- Acehnese acknowledge the dual influence of Islam and ify commonalities across many experiences. However, it their local adat on their cultural identity.5 Aceh’s rev- is more critical to establish the causal factors that were enue is derived mainly from oil and gas (24 percent), ag- absent during normal times; for this purpose, more field riculture (21 percent), and services (13 percent). The ag- research is required. This effort is critical for under- ricultural sector employs 57 percent of the labor force.6 standing the requirements of women and for developing gender-based approaches to managing postdisaster situ- The December 26, 2004, Indian Ocean tsunami killed ations. It is also important, and a priority for govern- more than 130,730 people,7 damaged or destroyed over ment and other stakeholders, to build an information 250,000 homes, and displaced over 500,000 people in base that allows for the consideration of postdisaster Aceh. More than 800 kilometers of coastline was af- patterns and trends in efforts to strengthen a gender- fected and close to 53,795 land parcels destroyed.8 The sensitive approach to disaster management. land administration system also sustained significant damage.9 In affected communities, land ownership doc- umentation was washed away along with people’s houses and other possessions. Physical boundary markers, in- cluding trees and fences, also disappeared.10 1.1 Background on aceh2 Aceh is in the process of recovery, not only from the dev- The Province of Aceh is located at the northwest tip of astation of the tsunami, but also from three decades of the island of Sumatra. The province is divided into 21 rebellion led by Gerakan Aceh Merdeka (GAM; the Free districts and 3 municipalities: Banda Aceh, Sabang, and Aceh Movement). From natural resources, including Lhok Seumawe. Approximately 95 percent of Aceh’s large oil and gas reserves, Aceh generates large amounts citizens are Muslim.3 Bahasa Indonesia is widely spo- of revenue for the national treasury. However, its local ken, as well as the regional language, Acehnese. Aceh’s economy has grown at a slower pace compared to that population is approximately 4.2 million people.4 Around other provinces and it is the fourth poorest province in 50 percent of the population is ethnically Acehnese. Other significant groups include Javanese (16 percent), 5. K. Robinson, Gender, Islam and Democracy in Indonesia. 2. This section draws largely from documents and reports available from the World Bank office in Jakarta, Indonesia (including those 6. World Bank, “Aceh Economic Update November”, (2009), specifically generated for the project and those listed in the Terms of mimeo, Banda Aceh/Jakarta: World Bank (In 2006, manu facturing Reference for this assignment), media agencies, Badan Perencanaan tied to the oil and gas industry accounted for 11 percent of Aceh’s Pembangunan Nasional (Bappenas; National Development revenue; manufacturing not related to the oil and gas industry Planning Agency) and other Indonesian government agencies, and accounted for 3.5 percent). international organizations, nongovernmental organizations, and 7. Indonesian government data were as follows: confirmed dead: housing providers in Aceh. The specific sources are acknowledged in 130,736 persons; missing: 37,063 persons; displaced: about 500,000 the bibliography. The Bureau of Statistics survey covered 347,775 of persons. These data are also available on Wikipedia. a total of more than 500,000 displaced persons in Aceh. 8. Government of Indonesia and Bappenas, “Indonesia: Preliminary 3. Government of Indonesia, Badan Pusat Statistik (BPS; Central Damage and Loss Assessment of the December 26, 2004 Natural Statistics Agency, 2005), Aceh Population Census, Republic of Disaster,” 71. Indonesia: Jakarta. Data on socioeconomic conditions in Aceh include results of the socioeconomic survey conducted in December 9. The provincial office of Badan Pertanahan Nasional (BPN, the 2005 by the NGO Garansi and Indonesian government Indonesian National Land Agency) in Banda Aceh lost up to one third of its Bureau of Statistics (Badan Pusat Statistik), referred to as the Badan staff. Several tons of BPN land registry information and cadastral Pengolahan Data Electronik (BPDE) survey, 2005. See also A. Reid, maps sustained damage. “Introduction,” In Verandah of Violence: The Background to the Aceh 10. Early in 2005 it was assumed that all land records were Problem. completely destroyed and could not be recovered, and therefore a 4. Government of Indonesia, Badan Pusat Statistik (BPS; Central clean slate approach to restore land rights was deemed appropriate. Statistics Agency) Aceh Population Census (Republic of Indonesia: By early 2007, some of the damaged records had been recovered; Jakarta, 2005). however, that did not significantly improve the situation. 4 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Indonesia.11 This is largely attributed to the decades- 1.2 cultural factors and Women’s long conflict.12 As a result, Aceh has the third largest per capita revenue (as of 2004) and the fourth highest Land ownership rights poverty rate in Indonesia. Actions that affect the entire village are matters of adat Demography: A household survey completed in August (customary practices). In Indonesia, the tradition of ac- 2005 indicated that internally displaced persons (IDPs) knowledging and appreciating women’s status and role comprised close to 5.21 percent of Aceh’s population, in adat developed independently in several local com- as a result of either the conflict or the tsunami, and that munities, including the meo-meo group in Timor and the the proportion of male IDPs exceeded female IDPs suku anak tuha in Jambi, in a small village in West Java, (111:100).13 The conflict and tsunami also affected de- in Garut in Kampung Pulo. The tradition developed mographic structures. In 2005, whereas on average the during the pre-Hindu period but changed when the lo- female population outnumbered males by 20,000 (over- cal communities encountered stronger outsider groups all), a large deficit in the female population was noted with their own religious beliefs and government system. in tsunami-affected districts along Aceh’s western coast. The new systems influenced the traditional local adat In the districts along Aceh’s eastern coast, historically social structure and organization of the community.16 associated with GAM and the conflict in Aceh, women were relatively marginally less affected by the tsunami.14 The village leader (geuchik) embodies the adat and re- An excess of female population recorded in these ar- solves disputes by weighing material evidence from the eas, especially among the 20- to 45-years age-group, has claimants and taking recourse to Islamic law and reli- been attributed to male emigration.15 In 2004, 23 per- gious tenets. Although individuals control productive cent of the women in Aceh took on the role of household land, house plots, and other property, this is, under adat head because men had either perished or were forced to arrangements, contingent upon his or her continued af- flee their homes for security or livelihood reasons. filiation to the village. The community acts to prevent the alienation of land to someone who is no longer af- filiated with it. In recent times, the geuchiks are seen to represent the lowest level of the government structure, although they have retained the adat role within the village. In Acehnese society, marriage and asset transfers rein- force the village focus on adat. In some places, if a man marries into his wife’s family, few or no assets are ex- 11. World Bank, Aceh Poverty Assessment 2008: The Impact of the changed and he is obliged to support his wife’s parents Conflict, the Tsunami and Reconstruction on Poverty in Aceh, 16. for the remainder of their lives. The fruit of his labor 12. A peace agreement concluded in August 2005 between the Indonesian government and Gerakan Aceh Merdeka (GAM; the becomes part of the household wealth, and he retains no Free Aceh Movement) in the wake of the tsunami ended 30 years rights to wealth upon dissolution of marriage. of conflict in Aceh. The conflict had a devastating impact on Aceh’s social and economic conditions; 15,000 people were killed during the 30-year struggle. Only descendants who remain within the village after 13. Aris Anantar and Poh Onn Lee, “Aceh: A New Dawn” by the marriage receive a share in the inheritance of property. Institute of Southeast Asian Studies, 2006. Based on data gathered Some parents allocate shares of their property during from various sources, this report has deduced that immediately their lifetimes, whereas others are reluctant to distrib- post-tsunami, the proportion of male IDPs exceeded female IDPs by 111:100. ute land before their death. On the death of the par- 14. Aris Anantar and Poh Onn Lee, 2006. The particular districts include Pidie, Bireuen, Aceh Utara, East Aceh, Aceh Tamiang, and 16. J. Sudarjanto Wirodarsono, an expert on land policy, land law, the cities of Lhokseumawe and Langsa. and customary practices in Indonesia, shared his field observations 15. Aris Anantar and Poh Onn Lee, 27. and insights into the several types of adat practices in the country. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 5 ents, the eldest son becomes the guardian (wali) over the perception and attitude of people toward adat practices property. He supervises its division among the remain- and matrilineal traditions. ing siblings according to kinship norms and a variety of specific considerations: a sister is more likely to receive a The cultural paradigm in Aceh often limits women to house, but a brother receives a larger share of land. The the domestic sphere. The dominance of male-oriented wali can also delay the division of property either for his norms and male-dominated structures works against own use or for other arrangements. women’s participation in the public sphere, includ- ing government structures, business, and education.17 The transformation of adat at the national level began in Although there are exceptions to these norms, cultural the nineteenth century, when Dutch colonialists made practices in Aceh often discourage women from formal an attempt to build an alliance against Islam. The Dutch employment in the interests of being “a good wife and persuaded Indonesian scholars to codify adat traditions mother.”18 Despite such sociocultural factors, anecdotal as customary law (adatrecht). It rendered what were in- evidences and oral histories indicate that Acehnese formal and varying procedures for transmitting wealth women played a pivotal role in the survival of their fam- into a set of formal rules, making a consensual proce- ilies and communities not only post-tsunami but also dure. Ironically, this ended up making local traditions during the three decades of civil strife in the province. similar to Islamic law and did not create an alternative For example, available pre-tsunami data indicate that as it was intended to. In the 1960s, the national judi- in 2003, 23 percent of women in Aceh had to take on ciary reshaped family property law along individualistic, the role of household head because men had perished or gender-equal lines, recognizing hak milik (full owner- were forced to leave their homes for reasons associated ship rights). It interpreted assets claims by lineages as with security or livelihood.19 ownership claims by individuals characterized by gen- der and family affiliations. With regard to inheritance of customary land (known as tanah adat), this generally involves ancestral lands, 1.3 Gender relations and mainly used for subsistence farming. Each plot of land property rights was invariably small, usually not more than 2 hectares, and in the past, women were usually seen as custodi- Disputes over land rights and compensation have been ans, with no right to sell. However, it must be noted major sources of class conflict in Indonesia. Sporadic that the system of inheritance is governed by vari- instances of land conflicts occurred in Aceh before the ous codes of rules, which, if taken in its totality and tsunami, but more were reported immediately thereafter. richness, can hardly be described as simple. In fact, Cases of conflict mainly occurred as a result of recon- Acehnese society is more varied and vivid than is im- struction programs and tend to stem from similar causes: mediately apparent. the lack of clear land titles (or documentary evidence)—a problem that the government never seriously attempted An Acehnese woman is the guardian and preserver of to resolve—and insufficient compensation for people dis- the family’s goods and plays a crucial role in the af- placed from the land or for the loss of land areas they fairs of the family. However, she is not automatically occupied before the disaster. The formal judicial sys- deemed head of the family, a position held by a male tem never really reasonably resolved the land conflict, member. Literature shows that a shift is taking place in and people’s faith in the judiciary was never very high. the matrilineal society toward a paternal or patrilineal system with matrilocal tendencies in some districts of 17. UNIFEM, “Qanun and Aceh.” the province. This transition is attributed to socioeco- 18. Refer to “Eye on Aceh” and data available at the Web site www. nomic changes, including factors such as migration of aceh-eye.id. families in search of better economic opportunities and 19. UNIFEM, “Women’s Voices in Aceh Reconstruction: The the spread of urbanization. All of this has changed the Second All-Acehnese Women’s Congress,” 2006. 6 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Anecdotal evidence about concomitant problems abound. and expectations that allow men, and deny women, the Ultimately, in the post-tsunami setting, poorer groups authority and resources necessary to maintain economic risked losing their meager holdings. independence. Men are expected to serve as good family providers. This is typically explained as culturally de- The restoration of property and land rights highlights termined and derivative of either traditional or modern tensions between alternative claims to control resources, values. Scholars challenge these perspectives by con- such as men against women, local leaders against le- sidering social, economic, political, and cultural factors gal institutions, and at times against individuals. This and shaping public opinion on such matters. involves government institutions and the bureaucracy. Geertz (1981)20 remarked that adat lends a sense of con- For all Acehnese households, immediately after the tinuity and national unity by translating new, modern tsunami, it was a 7-days-per-week, 24-hours-per-day, ideas into familiar terms. It is also a reference to “im- full-time interaction. It was a situation in which people posed law” against “indigenous” ones. would not have private lives anymore and everyone had to come together to rebuild the community and their In general, sociologists acknowledge that the family and lives. There was widespread concern that women, after household need not act as a unit with regard to property the disaster, might lose their inheritance and guard- ownership and rights. Divergent and conflicting interests ianship rights. During this phase, the need to include over land rights may coexist, although this difference may women in the reconstruction programs was recognized be masked by the family members’ show of unity. The ma- as a priority. One such measure related to enhancing fo- jor point, however, is that family interests and individual cus on recovery and reconstruction of women’s access interests—especially men’s and women’s—are not always to land and property rights and addressed through so- identical. This suggests that the study of women’s and cialization on guardianship and inheritance rights and men’s land and property rights might be well understood promotion of joint titling. within the paradigm that acknowledges power relations operating within the family or household. Patriarchal Recognizing the importance of learning lessons that authority and restraints, as well as subversion and resis- could be drawn from the innovative post-tsunami land tance to patriarchy, shape family decisions. Focusing on registration and titling programs, and further promot- patriarchal constraints and negotiations improves upon ing gender-equity, the World Bank supported a pack- the concept of property rights derived from the mono- age of gender-specific field research. The overall ob- lithic household model. This approach captures the di- jective of this study was to review the gender impacts vergent strategies employed by women in various con- of land titling in post-tsunami and postconflict Aceh. texts. The household model implicitly assigns women a Specifically, the study would: passive, dependent role in property management. While the household model may view men playing a significant NN review experiences in the restoration of land and role in public life as an adaptive strategy, it ignores family property rights, particularly with regard to the in- politics. It also, at times, tends to ignore kin and nonkin clusion of gender concerns and addressing wom- networks. en’s access to land rights; NN analyze the extent to which such activities and re- Scholars have recently challenged the notion that sults are sustainable and replicable; and women are given equal status in property rights in NN provide recommendations for further study and Aceh; they argue that women are more locked into a future action. traditional system of inheritance and use rights. They further argue that in land administration, patriarchal In undertaking the study, particular reference was made gender relations are embedded in normative practices to the work of the RALAS project, implemented by the Badan Pertanahan Nasional (BPN; National Development Planning Agency), and funded by the Multi-Donor Fund 20. Clifford Geertz, The Interpretation of Cultures: Selected Essays. (MDF), administered by the World Bank. 7 Section 2 a d e S c r i p t i o n o f t H e S o c i o c u L t u r a L e n v i r o n m e n t in aceH I n Acehnese society, discussions about land and 2.1 customary (adat) practices property issues are considered a “male” prerogative; female members in the family or community are Adat refers to a set of beliefs, norms, or customs that then merely regarded as beneficiaries. Land being traditionally applies in societies across Indonesia. It a powerful symbol of community life, family solidar- refers to customary practices defined as a noncodified ity, and culture, women’s ability to access and own land body of rules of behavior, enforced by social sanctions, is interconnected with kinship relations. This view il- and varying from time-to-time and from place-to-place. luminates gender relations within the family structure Its content comprises descriptions of what a community and processes, particularly with regard to inheritance. does, as much as a set of commands as to what its mem- Conferring land rights on women may seem to have bers should do. It has been estimated that up to 300 the potential to break the connections between women, distinct customary groups exist across the Indonesian land, and domination. However, much will depend on archipelago.21 the system of tenure and the type of action that will have to take place to challenge gender biases. Aceh is no Adat forms of land ownership documentation, and sale exception to this general view. and purchase agreements (akte jual beli [perjanjian jual beli]22), are deemed to be as good as formal land titles. This section provides a brief overview of Indo- However, as recently available evidence indicates, peo- nesia’s social and cultural traditions with regard to property rights, as they relates to women’s rights to 21. E. Harper, Guidebook on Land, Guardianship and Inheritance in land in Indonesia, with a special focus on Aceh. Five Post-Tsunami Aceh. This book has also been used as a training and aspects of Indonesia’s legal framework are examined reference guide on the subject matter. in this section: adat, or customary law; Minangkabau 22. If the purchase agreement is not drawn by pejabat pembuat akta tanah (PPAT; land deed official) than it cannot be considered as an matrilineal practices; Islamic law; the state law; and the akte but merely a surat perjanjian, a purchase agreement. The term special autonomy law recently enacted in Aceh. surat perjanjian literally refers to an “agreement letter.” 8 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H ple are gradually sensing that formal registration is more ognized equality between women’s and men’s share of worthwhile and ensures a higher level of tenure secu- their parents’ property.26 rity. This is due to the fact that competition for land has visibly intensified since the 2004 tsunami and com- Women’s rights to land under adat law were weakened munities and individuals are ensured greater protection during the Dutch colonial period and in the creation of their land use rights if they formally register them. of the modern state administration system. The Dutch Unfortunately for most women, the inconveniences and, Civil Code overruled adat laws and principles of land to an extent, the cost of the titling process discourage ownership. It established the husband as the legal head registration and secure title certificates. of the household and, in the absence of a prenuptial agreement, a husband automatically gained the right Adat typifies the two distinct characteristics of the to manage and control his wife’s independently owned Acehnese society. First, marriage and asset transfers are property. 27 carried out based on adat. It has a village (geographic location) focus.23 After marriage, a couple may move to Article 19B(2) of the Constitution of the Republic of either the husband’s or the wife’s village. In areas such Indonesia states: as Aceh Besar and Pidie, where matrilocal tendencies are strong, if a man marries into his wife’s family, few The State recognizes and respects traditional com- or no assets are exchanged. In this case, a woman may munities along with their traditional customary not move out but rather stay in her native village. This rights as long as these remain in existence and are in some ways implies that only those who remain in in accordance with the societal development and the village readily receive a share of inheritance. This the principles of the Unitary State of the Republic feature has reinforced the continued affiliation of the of Indonesia, and shall be regulated by law. claimants to the village and the ability of the commu- nity to prevent alienation of land areas. Second, it is Article 5 of Indonesia’s Basic Agrarian Law (BAL) clear that adat will be applied at the village level with a states: reference to Islamic law and religious tenets. With geu- chiks in recent times retaining the adat role, there have The agrarian law applicable to the earth, wa- been some overlaps between the formal regulations and ter, and airspace is adat law provided that it is customary traditions. not contrary to the national interest and the in- terest of the State, which are based on national Historically, women’s rights to land were very strong un- unity, to Indonesian socialism, to the provisions der adat practices and were recognized by law.24 Despite stipulated in this Act, nor to other legislation, all the variety of social structures and traditional local sys- with due regard to elements which are based on tems, in principle, women generally have a strong right religious law. to decide the status of inherited family property, in- cluding land, under adat.25 Adat inheritance rules rec- As indicated earlier, Aceh has adapted adat traditions as a rule for community behavior. In the course of time, these traditions and practices were seen as customs and then as uncodified law. Given the dynamic nature of adat practices, analysts have concluded that any writ- 23. J. Brown, The Transformation of the Indonesian Property ten version of adat may become outdated in a relatively System: Adat, Islam, and Social Change in the Gayo Highlands. 24. This includes the share that a woman receives as part of 26. Refer to R. Soepomo, 83. matrilineal practices. Also, refer to R. Soepomo, “Bab-Bab tentang 27. This is overtly ruled in Article 105 of the Civil Dutch Code. Hukum Adat” (Chapters in Adat Law), 71. R. Subekti and R. Tjitrosudibio, “Kitab Undang-Undang Hukum 25. Refer to R. Soepomo, 71. Perdata”-Burgerlijk Wetboek (Dutch Civil Code), 26–27. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 9 Figure 2.1 areas of responsibility of various adat committees in aceh Source: Guidance for the jurisdiction and functions of the customary adat committees in aceh, 2006, refer to council for acehnese customs in Banda aceh (majelis adat aceh). short time. In recent times, with Aceh’s increased au- A review of literature indicates that for most of the mod- tonomy and enactment of LoGA, provincial-level insti- ern period, adat traditions have drawn not only from tutions have moved to create new spaces that would pro- past practices or Islamic law alone but also from local mote and strengthen the place of adat within Acehnese sensibilities and social demands to provide a normative public life. These include elaboration of peradilan adat ground for equity and stability29 for the population. It (customary justice) in line with Perda 7/2000, On the was also found that there were instances in which local Administration of Adat Life28 (Figure 2.1). However, religious leaders were prepared to reinterpret and reread no modifications were made to peradilan harta (property the sources of practices and traditions, to deliver a fair justice), which deals with women’s access to inheritance verdict and to ensure social order. These reinterpretations and is intended to protect women’s related interests. On and rereading were generally agreed to by the community such matters, the respective local religious leader (e.g., without much resistance.30 Not all adat committees ex- ulama) played the lead role and decisions were made ist in all villages, and many are dormant or formed only based on the rationale that men could freely access pub- when the need arises. The situation is more apparent in lic areas for use, whereas women could not. It reasoned recent times as other government bodies filled the roles that it is essential to provide a culturally defined method previously performed by these adat committees. of allocating physical space for women to help them maintain their life with dignity and honor. As discussed 29. Similar conclusions were elaborated by (a) R. M. Feener and elsewhere in this report, these adat practices were linked M. E. Cammack, Islamic Law in Contemporary Indonesia: Ideas and to a matrilineal system. Institutions; and (b) D. Afrianty, Responses of Local Women’s NGOs to Sharia Implementation in Aceh: The Quest for Equality with Acehnese Islam. 28. Perda, a local government regulation, recognized different adat 30. The field survey found that imeums had also acted to protect institutions and adat laws at the village level and made an attempt children orphaned by the tsunami by taking them into religious harmonize them. These initiatives were intended to acknowledge the schools. Additionally, adat leaders, along with geuchiks, have positions of wali nanggroe (symbolic head of state in the province) and organized collectively to assert their role in the long-term tuha nanggroe (council of elders). Refer to E. Harper, Guidebook on reconstruction of Aceh. These details are discussed elsewhere in this Land, Guardianship and Inheritance in Post-Tsunami Aceh. report. 10 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 2.2 minangkabau traditions and system; in other adat groups, the matrilineal system was replaced with patriarchy or was continued merely as a matrilineal practices in aceh31 socially polite norm. Particularly with reference to land inheritance, the Acehnese did not absorb and embrace Historically, the Minangkabaus of West Sumatra com- the ulayat, which dominates the Minangkabau adat land prise the largest ethnic group in the world that adheres to doctrine. Hence, it is not possible to conclude that the the matrilineal system. The Minangkabaus are strongly Acehnese invaders absorbed the Minangkabau’s matri- Islamic and combine Islam with their ethnic traditions, lineal system. The mode of acknowledging and appre- or adat. Minangkabau adat was derived from animistic ciating women’s status in the Acehnese adat is an inde- beliefs that extend from before the arrival of Islam, and pendent development. The similarity between Acehnese remnants of animistic beliefs still exist in some ways.32 land inheritance systems and the Minangkabau system Minangkabau women, in the past, held supremacy in could be a mere coincidence. economic activities that centered around their house- hold. Around the sixteenth century, the Aceh Sultanate Although Minangkabau traditions came to be adopted invaded the Minangkabaus coast and some of the matri- in Aceh sometime in the sixteenth century, it has since lineal practices and adat traditions such as inheritance undergone a series of transformation and adaptations.36 of land and house through female lineage were em- Taking account of the independent cultural tradi- braced and absorbed.33 It is also important to note that tion theory, it is fair to see that although similar, the the Minangkabaus have a long history of oral tradition Minangkabau and the Aceh tradition of woman appreci- that is mostly performed by panghulu (clan chiefs) dur- ation are independent developments because the essen- ing formal events. Past field studies indicate that there tial component of Minangkabau matrilineal adat of in- were four areas in which women had more influence herited ancestral land property called ulayat land (tanah compared than men: inheritance of customary land, rule ulayat) owned by the original mother (bundo kanduang), of residence, descent system, and traditional political is unknown and nonexistent in the Acehnese adat. system.34 It is important to note that Aceh did not adopt Minangkabau’s matrilineal traditions and practices, but The Minangkabau, although Muslim, are matrilineal. some privileges were given to daughters, such as a share Hence, the Minangkabau traditions in Indonesia are in the land and other assets.35 strongly Islamic but follow ethnic traditions (adat). The present relationship between Islam and adat is described The Minangkabau protected and developed their in the saying “adat basandi syara, syara basandi kitabul- women-friendly traditions through the matrilineal adat lah” (tradition founded on Islamic law, Islamic law founded on the Quran). Scholars argue that in Aceh, the synchronization of adat and Islam was coined in 31. Dr. Herman Soesangobeng shared his knowledge and insights into the Minangkabau systems and practices. In addition, the an adage “adat ngon hukom han jeut meupisah,” meaning published references reviewed for this section include: John Bowen, that adat and law (specifically Islamic law) are one and The Transformation of the Indonesian Property System: Adat, cannot be separated.37 The doctrine was first coined by Islam, and Social Change in the Gayo Highlands, The American Ethnologist; Abdullah Taufik, Adat and Islam: An Examination of Conflict in Minangkabau, Indonesia; Kato T, “Matrilinay and Migration: Evolving Minangkabau Traditions in Indonesia.” 36. Kato identified four distinct features of Minangkabau traditions: (a) Descent and descent group formation are organized according 32. Kato. to the female line. (b) The tradition resembles a corporate descent group with a male head. A lineage possesses communally owned 33. These details are generally found at www.wikipedia.com. properties including agricultural land, houses, fish ponds, and 34. Cf. P. de Josselin de Jong, Minangkabau Social Structure and miscellaneous adat titles. The ancestral property (harta pusaka) is Organization. inalienable. (c) A husband after marriage moves to live with or near his wife’s family. But he continues to belong to, and frequently 35. The fact could be understood through the theory of cultural visits, his mother’s house. (d) Authority within the lineage is with creation explained by Paul Bohannan in his book Justice and the mamak (maternal uncle). Judgment among the Tiv), in which he proves that many of the Tiv’s legal doctrines and adages are similar to Roman law, although the 37. Rusdi Sufi, Hukum Adat Pertanahan: Pola Penguasaan Pemilikan two communities never met or contacted each other. dan Penggunaan Tanah Secara Adat Aceh Tempo Doeloe dan Masa Kini S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 11 Sultan Aceh in the sixteenth century. Thus, the similar- Minangkabau. Minangkabau migrants in Aceh, such as ity of synchronizing adat and Islam was first created in those in Meulaboh and Simeulue Island, did not develop Aceh, whereas in Minangkabau it was developed after their ulayat land system but absorbed and adopted the the Padri war in the nineteenth century. Acehnese adat of moekim and gampong (village; lowest unit of government, equivalent of the desa outside Aceh) land.45 Scholars like Aliumar and Hamdan38 and Franz von Benda-Beckman, 39 explain that property in the In separate studies, Abdullah and Kato46 highlighted Minangkabau tradition is distinguished into two the features that circumscribe inherited assets and prop- kinds, namely harta pusaka (ancestral property), which erty rights and deduced that the adat house is an eco- is divided into pusaka tinggi (higher property) and pu- nomic unit and the major focus of everyday activities in saka rendah (lower property) and harta pencarian (ac- traditional Minangkabau life. It has features that show quired property). Both Datuk Maruhun Batuah and both the communal and corporate nature of traditional Bagindo Tanameh40 and Hazairin41 said that in prin- life. First of all, traditionally, the wife remained with ciple harta pencarian will be bequeathed to the niece and her maternal relatives after marriage; her husband con- nephew (kemanakan), whereas the harta pusaka tinggi is tinued to live with his mother but visited his wife. The inalienable. domestic unit, a community house, held a head woman, her sisters, their daughters, and their children and vis- According to Dt. Perpatih Nan Duo,42 inheritance prac- iting husband. The residence they lived in was known tices related to matriliny, and particularly land rights, are as rumah gadang (big house) and owned by the women arranged as higher ancestral property termed ulayat land who live there. Ownership is passed on from mother to (tanah ulayat), which is inalienable under whatever circum- daughter. The traditional Minangkabau are farmers, and stances—even to change it to become state land (tanah their crafts include wood carving and weaving. Today, Negara). Such ulayat type of land arrangement is unknown that kinship structure has declined and more men have and nonexistent in Aceh, although Kremer43 acknowledges left their villages to establish their own households with that the norm of beschikkingsrecht44 did exist in Aceh with wives and children. characteristics that differentiate it from the ulayat land in Balancing Change and Continuity in Gender and Land Rights: Kato argued that in the Minangkabau tradition, (Adat Land Law: Ownership, Control Pattern and the Former and property rights and landholding are one of the crucial Present Mode of Using Land According to Aceh Adat), 28. functions of the female lineage unit called suku. The 38. T. Aliumar and F. Hamdan, Hukum Adat dan Lembaga-Lembaga Hukum Daerah Sumatra Barat (Adat Law and Law Institutions in women’s kin group is responsible for maintaining the West Sumatra Region). continuity of the family and the distribution and cultiva- 39. Franz von Benda-Beckman, Property in Social Continuity. tion of land, mainly through the maternal uncle. These 40. A. M. Datuk Maruhun Batuah and D. H. Bagindo Tanameh, groups are led by a penghulu (lineage head). Historians “Hukum Adat and Adat Minagkabau (Adat Law and Minagkabau note that by the early twentieth century, more Acehnese Customs). started moving out of their villages and traditional 41. Hazairin, Hukum Waris Bilateral (Bilateral Inheritance Law). homes. Thereafter, the increasing importance of the nu- 42. H. Nurullah Dt. Perpatih Nan Duo, Tanah Ulayat Menurut clear family as an economic and residential unit emerged Ajaran Adat Minangkabau (Ulayat Land According to Minangkabau as an undeniable factor in the sociocultural aspects of Adat Doctrine), 10, 26. Acehnese life. This period also witnessed changes in 43. J. Kreemer, Atjeh: Algemeen Samenvatted Overzicht van Land en Volk van Atjeh en Onderhoorigheden, (Aceh: General Overview on women’s role, with married couples emigrating outside Land and People of Aceh and its Subordinate), 365. 44. Beschikkingsrecht, literally ‘disposal area’, is a special adat law 45. Herman Soesangobeng, 2010, “Land Adjudication, Titling and terminology created by van Vollenhoven by modifying the Dutch Acquisition”, pp.73-88; and Kreemer, 368. legal term beschiken to explain the particular character of the Native Indonesian Land Law. It has often been mistranslated as “right of 46. Abdullah Taufik, Adat and Islam: An Examination of Conflict disposal.” De Indonezier en zijn grond (The Indonesian and Their in Minangkabau, Indonesia; and T. Kato, Matrilinay and Migration: Land), 1919. Evolving Minangkabau Traditions in Indonesia. 12 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H their native villages. Also, it is quite common for young cial and economic position becomes less favorable, and women and men to go to urban centers for higher educa- their divorce rate rises. This outward migration not only tion or even after marriage; such moves have been more produced benefits but also broadened the social outlook common since the twentieth century. of men and women. Partly because of their tradition of merantau, the Minangkabau developed a cosmopolitan Scholars such as Bowen, Kato, and Abdullah argued social base that readily adopted and promoted the no- that Minangkabau traditions initially went through a tion of an emergent nation-state, while at the same time transition with the arrival of the Dutch that catalyzed moderating Minangkabau matrilineal practices. The the cash economy and population growth. The transi- Minangkabau system also concerns the sphere of author- tions produced two key changes that were not difficult ity. In modern times, as the father has become closer to to understand. One change related to demography; that the nuclear family than the maternal uncles, matrilineal is, as the population grew, ancestral property became traditions tend to be replaced with bilateral or patrilin- increasingly inadequate to support all of the members eal practices. The authority within the domestic group of an adat house. This resulted in conjugal and father- and the authority within the ancestral group are now child ties becoming more important. The second change vested in two distinct and different persons. related to the economy: as women began entering the cash economy to supplement family needs, household As previously noted, under Minangkabau matrilineal dynamics were altered. This led to closer ties within the practices, property is neatly categorized into two types, nuclear family and the emergence of the tradition of that is, adat property (harta pusaka) and earned property harta pencarian. Despite these changes, which seem to (harta pencarian). The ancestral property (harta pusaka) indicate the importance of the nuclear family, the cash is transmitted according to lineage per matrilineal prac- economy, and the family as a psychological unit within tices. The pattern of inheritance for harta pencarian of a the matrilineal traditions, many of the features of the husband is characterized by the system of adat warisan matrilineal tradition remained relatively unchanged. kemanakan, meaning the property goes to his nieces and nephews (kemanakan). However, this does not imply dis- Kato also stated that merantau (migration) has reduced solution of Minangkabau matriliny itself. Scholars such intense pressures on land. Quite likely, Minangkabau as Bowen and Kato have noted that the arrangements for matriliny and its supporting values have encouraged ancestral property remained flexible and absorbed new merantau as much as merantau supported the persistence demands on them. In some families, the rules of inheri- of matriliny in Aceh in some form. This may have hap- tance may follow Islamic principles, in which case male pened in two ways. First, a man would have to prove heirs receive full shares and female heirs receive half his ability to generate money and manage his family so shares. that his wife’s household could absorb him. Second, the relative security provided to women and the young al- Ancestral property, which is communally owned, can be lowed a certain freedom for men to venture outside the inherited only by female family members. For example, village. In both ways, therefore, Minangkabau traditions in the case of wet-rice production, the right to use such and matrilocal and uxorilocal social structures facili- land passes from mother to daughters and is closely su- tated Minangkabau’s matrilineal practices. pervised by the matrilineal group who owns it. Usually this is at the sabuah paruik (sublineage) level, but it also Scholars further explain how matriliny has helped the depends on the actual kinship group and the number of Minangkabau effectively enter and deal with the mod- generations since the acquisition of the land. The ma- ern era and how matriliny has survived the modern era. ternal uncles (mamak kapala waris)47 are the custodians One factor seems to be that Minangkabau practices al- lowed men to migrate and seek economic success else- where. When married couples reside in urban areas or 47. It is worth noting that the term mamak kepala waris is used among the Minangkabau in the inland (darek) area of adat Koto outside the Minangkabau region, women lose some of Pilang, whereas for the coastal (pesisir) area of adat Bodi Caniago it is their social and economic rights in property, their so- called penghulu andiko. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 13 and arbitrators of ancestral property and in matters of second, circulatory migration (mostly of men); and third, inheritance. merantau cino, meaning migrants from China but also re- ferring to families staying out of villages. Kato concludes In Aceh there is also a subtle local variation to recently that despite notable changes in practices, the matrilineal acquired ancestral property (harato pusako tinggi): assets system continues to maintain its base and has been able acquired in recent times, for which details are known, to survive modernization. The following proverb on ma- and property acquired long ago (harato pusako randah), triliny, quoted by Kato, shows the everlasting strength of for which details may or may not be known because Minangkabau adat practices. memory would have lapsed.48 The recently acquired an- cestral property is sometimes shared among the heirs Adat lamo, pusako usang according to Islamic precepts or even according to the Indak lapuak, dek ujan intention of the most senior member of the clan. Indak lakang dek paneh In Indonesia in general, and in Aceh in particular, mar- Old adat, ancient heritage riage practices and Islamic personal law (Shariah) reflect Neither rots in the rain the influence of Islam, with nuances and subtle differ- Nor cracks in the sun. ences in each locality. Aceh has now seen family resi- dential arrangements that are uxorilocal, fathers pass- In sum, Acehnese adat traditions have been influenced by ing part of their names to children as family names, various practices, including those of the Minangkabau; or sharing of self-earned property within the nuclear however, the independent nature of Acehnese adat tra- family. The father wields influence within the domestic ditions and practices has not been altered. sphere while the mamak (maternal uncle) continues to have some say in clan matters. Scholars such as Bowen and Kato deduced that the Minangkabau tradition has struck a balance between change and continuity and 2.3 islamic (Shariah) Law thereby successfully survived the impact of modern times and trends. The Shariah law in its modern form was given a legal ef- fect by Dutch colonialists during the 1900–1945 period, Reviewing the social changes that have taken place for to the extent that “it would receive adat in its regulations decades, scholars have concluded that Aceh’s matrilin- and enforcement.” This was described as the “reception eal traditions reflect very little of matriliny. The essence theory”50 in the sense that Shariah would consider adat of Minangkabau tradition is that it is all concentrated and give its full attention. The theory is called “recep- in two-generation relationships of the mother’s and fa- tio in complexu” propounded by L. W. C. van den Berg, ther’s line. All in all, the position of a male member in who claimed that people’s adat followed the religion to the household remains unclear because he may not own which they adhered. The theory was strongly challenged assets but might manage them on behalf of his sisters. by Snouck Hurgronje51 and van Vollenhoven,52 who said On the other hand, the solidarity and security of the resi- that the native Indonesian adat law is based on Malayo- dence seems to rest with the women. In addition, scholars Polynesian law with some addition of religious norms. such as Kato49 have shown how Minangkabau matriliny persists through migration. He identified three phases of Minangkabau migration: first, village segmentation; 50. Soekanto, Meninjau Hukum Adat Indonesia (Indonesian Adat Law Observation), 51–54. Refer to L. W. C. van den Berg, ed, Paul W. van der Veur, trans, Muslim Clergy and the Ecclesiastical Goods in Java and Madura: A Translation, Indonesia 84: 127–159, 48. Such cases were reported, in various forms and ways, in the 2007. western coastal districts of Nagan Raya, Aceh Barat Daya, and Aceh Selatan. 51. C. Snouck Hurgronje, 12. 49. As quoted in T. Matrilinay and Migration: Evolving 52. C. van Vollenhoven, Het Adatrecht van Nederlandsch-Indie (Adat Minangkabau Traditions in Indonesia. Law in the Dutch East Indies), 34–36. 14 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Thus, the people will always reinterpret religious norms In Aceh, pure civil and criminal matters such as land to satisfy and meet their sense of justice, while avoiding disputes, trade and tax matters, and criminal acts are all conflict with religious teachings. There was, however, under the jurisdiction of the general courts (Pengadilan another dominant interpretation: that adat will apply Negeri). However, the reality is a bit unclear with the only when Shariah did not apply. The latter theory al- issuance of a Letter of Decision by the Chief Justice of ways received strong support among Islamic scholars, the Supreme Court that confirmed transfer of criminal and is mostly followed in Aceh. Some NGOs have rea- and other incidents to Mahkamah Shariah to be dealt per soned that this assertion has resulted in adat and other Shariah law. The Shariah courts had no formal protocol community traditions receiving a cursory reception in to deal with these cases but over time seem to have de- the hands of formal institutions. veloped some informal guidelines. In terms of inheri- tance and property rights, Shariah courts were quite as- sertive and wanted those cases to be dealt with and be In understanding Shariah law, it should be noted that resolved by them under the Shariah law in the first in- Aceh is not a Shariah state (province), but is built on stance. Only in instances in which Shariah courts could secular and national laws and traditions. Currently, the not resolve the dispute could the petitioners seek redress main source of Shariah law is Islamic Law Compilation from general courts. (KHI; Kompilasi Hukum Islam;), a three-volume docu- ment describing procedures and guidelines on inheri- In view of the previous discussion, secular, Shariah, and tance, marriage, and charitable trusts. While KHI is the customary laws have varying influence in Aceh. The primary authority on Islamic Law throughout Indonesia, general courts are required to apply secular state laws. If the KHI is a nonbinding guide on the applicable laws. a case proceeds to the Shariah court, the case will neces- In Aceh, Islamic law is implemented through Mahkamah sarily be examined under Shariah laws and principles. If, Shariah (established in 2003 by a Presidential Decree). however, the case is heard at the village level, custom- These courts sit in each district, with appeals heard by ary law (adat) is applied. Aceh’s customary law is influ- the provincial level in Banda Aceh, and finally by the enced by Shariah law, but is not identical to Shariah law. Mahkamah Agung (Supreme Court) in Jakarta. The power Customary laws vary throughout different geographic to appoint, promote, and dismiss judges rests with the areas of Aceh. At the village level, there is also room for Indonesian Supreme Court and Judicial Commission. negotiated solutions to disputes outside accepted cus- The Aceh Provincial Government has extended the pow- tomary or Shariah law, based on an agreement between ers of Shariah courts, through local legislation, to include the parties and village leaders. authority over ibadah (Islamic worship), Syiar Islam (ac- tivities to promote Islam), and certain criminal activities. In understanding the Shariah law and Shariah courts, it is important to highlight that ulama (or ulemas) have al- 2.4 State Law and regulations53 ways been important figures in Acehnese society. They have long held authority in both religious and political Indonesia ratified the United Nations (UN) Convention spheres. The Consultative Assembly of Ulama (Majelis on the Elimination of All Forms of Discrimination Permusyawaratan Ulama; MPU) was established through against Women (CEDAW). Countries that ratified a Qanun in 2000 and gradually led to the formation of CEDAW must, among other items, accord women Shariah courts in 2003. Ulamas Assembly, which holds equality before the law, take appropriate measures to moral authority in Acehnese society, is intended to be an active body to be consulted by the Shariah courts. The 53. It is important to note that Indonesia has a law for the Assembly also has power to issue fatwas and provide their registration of land only, but not other forms of assets. In the case of considered opinion on public affairs, particularly in the assets such as vehicles, ownership is generally determined through taxation papers. This has often put women’s claims for other forms fields of governance, development and improving society, of property (e.g., jewelry) at the discretion of male relatives in the and Islamic economic matters. family. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 15 eliminate discrimination against women in all matters system. The judicial system includes regular courts at relating to marriage, and ensure equality in relation the district and provincial levels, as well as administra- to property ownership.54 Indonesia has also adopted tive procedures handled by the local office of the BPN. the Habitat Agenda, which commits governments to: In theory, a capable lawyer could bring an action against “Providing legal security of tenure and equal access to a violation of rights such as a woman or a minor child land to all people including women and those living in losing her or his land. In practice, most women have poverty; and undertaking legislative and administra- little access to legal counsel due because of their scat- tive reforms to give women full and equal access to eco- tered presence outside the urban towns and the costs nomic resources, including the right to inheritance and and regulations involved in legal representation. For a to ownership of land and other property.”55 Recognition typical litigant, these are difficult hurdles. Problems of of women’s rights to land in national legislation and in low pay, shortage of skilled personnel, lack of indepen- the Constitution is supported by customary law (adat), dence, delays in case resolution, and corruption are all which entitles women to own land without a male’s reported to diminish the courts’ (formal system) capaci- consent.56 ties to deliver justice. The shortage of qualified judges is especially critical. In Aceh, Shariah courts are no excep- Although the Basic Agrarian Law (BAL) replaced the tion to this and with declining state budget and support, former Dutch Agrarian Law of 1870, land titling reg- Shariah courts are becoming more deficient in capacity ulations made pursuant to the BAL continue to be in- than the formal courts. fluenced by Dutch Agrarian Law doctrines. Under the Indonesian Constitution and customary practices, Indonesian law differentiates between independent and women have rights of inheritance, ownership, and con- marital property and acknowledges three types of mari- trol of property. Subsequently, certain measures were tal property, namely barang asal or harta warisan (inher- adopted to ensure women’s equitable access to land and ited property), barang and harta bawaan (brought in and other productive resources. For example, Article 28G of independent property), and harta bersama or gono gini the Indonesian Constitution protects the property right (common or joint property).58 The concept of joint mat- of “every person.” Article 9(2) of the BAL 196057 states, rimonial property, or wealth acquired during marriage, “Every Indonesian citizen, both men and women, has an is recognized by law.59 Joint matrimonial property (harta equal opportunity to acquire a land right and to obtain bersama) may consist of tangible assets or entitlements. the benefits and yields thereof for himself/herself or for Indonesian law prevents such property from being sold, his/her family.” In addition, Article 35 (2) of Law No. transferred, or used as collateral without the consent of 1 of 1974 on marriage provides power and authority to both husband and wife.60 In the absence of a prenuptial women to own property, including land, on their own; agreement, Indonesian law requires that joint matrimo- and Article 36(2) guarantees women full power and au- nial property be divided equally between husband and thority to enter into any legal dealings over their property. wife after divorce or death.61 (It should be remembered that a prenuptial agreement is valid only for those who In addition to recognizing both gender equality and le- adhere to the Dutch Civil Code, such as the European gal pluralism, the Indonesian Constitution has incorpo- rated rights of redress, including individual and group 58. Based on Adat Law that had been reinstitutionalized in action to vindicate women’s rights in the formal judicial Marriage Law No. 1/1974. 59. Refer to Law No. 1/1974 on Marriage, Article 35(1). 60. Refer to KHI, Article 91-92 (Compilations on Islamic Law, i.e., 54. CEDAW Resolution and Pertinent Articles No. 15 and 16. Kompilasi Hukum Islam); Adat practices that had been adopted by the Supreme Court in its Jurisprudence since 1953; and the mode of 55. “Report of the United Nations Conference on Human implementing Law No. 1/1974. Settlements (Habitat II)” (Istanbul, 3–14 June 1996); refer to UN Doc A/CONF.165/14 (the Habitat Agenda) paragraph 40(b). 61. Refer to KHI, Art 97 (Compilations on Islamic Law i.e., Kompilasi Hukum Islam). Adat practices that had been adopted by 56. Refer to the World Bank, RALAS, PIBA, 2009. Supreme Court in its Jurisprudence since 1953; and the mode of 57. Basic Agrarian Law, Act No. 5 of 1960. implementing Law No. 1/1974. 16 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H and the foreign Oriental. It is unknown in adat law and herited land had been issued in the names of women and unfamiliar to the native). Where one spouse dies, there- siblings; BRR introduced joint titling to register both the fore, 50 percent of the joint matrimonial property will husband’s and wife’s names in the certified land in reloca- be transferred to the surviving spouse and the remain- tion areas in Aceh. BPN is now considering revising PP ing 50 percent will be added to the deceased’s indepen- No. 24 of 1997 to add requirements for registering land in dent property and distributed among that spouse’s heirs the name of women, and for joint titling of marital land.68 (including the surviving spouse).62 Independent property (harta bawaan) consists of assets acquired by either a man or a woman before marriage, plus any gifts, bequests, or inheritance received from a third party during marriage.63 2.5 the province of aceh: policy For purposes of land administration, the government and Legal environs69 has mandated BPN to perform the technical tasks per- taining to the application of PP/24 of 199764 on Land The Law on Governing of Aceh, Law No 11/2006, pro- Registration and the supporting regulations of PMNA65 vides the provincial government with authority over land No. 3 of 1997. However, these do not provide explicit affairs in the province. According to Article 213(2), “The guidelines on the registration of land parcels in the Government of Aceh is authorized to manage and ar- woman’s name or joint names in the title certificate or in range the allotment, utilization and legal relationship resolving inheritance matters. Significantly, under the relating to rights over land by acknowledging, honor- Dutch Civil Law, in the absence of an agreement to the ing and protecting existing rights including customary contrary, women lost the right to own land upon mar- law rights in accordance with the nationally applicable riage.66 Although Indonesia’s BAL of 1960 reinstated norms, standards and procedures.”70 The LoGA requires the role of adat, the laws and principles set down by the Provincial Implementing Regulations71 before many of Dutch Civil Code relating to the man being the head of these provisions, including Article 213 (2), can be real- the household with the right to manage and control his ized. The government of Aceh, together with the local wife’s independently owned property remain influential. parliament (DPRA), planned to issue 59 Qanun before the election of the new DPRA in 2009. However, only In turn, BPN issued an administrative instruction for 18 of these 59 Qanun were implemented. The following the head of land offices to protect a wife’s rights in land 41 will be transferred to the 2009–14 work plan of the dealings.67 But in land titling, the government has yet to DPRA, including a Qanun on land affairs.72 legally empower women, because current provisions al- low only the head of the land office to decide whether to register the land parcel in the name of the woman or jointly. In Aceh, land certificates covering undivided in- 68. Refer to Herman Soesangobeng’s unpublished piece on his discussions with BPN (and the then Deputy IV, Mr. Chaerul) in 2002. The discussions were pursued within the context of intended revisions in the BAL. 62. Refer to Harper; Adat practices that had been adopted by Supreme Court in its Jurisprudence since 1953 69. Refer to Undang Undang (Law) No. 11/2006 on Governing of Aceh with Explanatory Notes. For specific provisions refer to 63. Refer to Law No. 1/1974 on Marriage, Art 35(2). (a) Chapter XIII on Traditional Customary (adat) Institutions; 64. Peraturan Pemerintah (PP) means a Government Regulation (b) Chapter XV on Mukim and Gampong—local administrative issued as an administrative order, rather than by an act of the structures; (c) Chapter XVII on Islamic Law (Shariah) and its National Assembly. Implementation; (d) Chapter XVIII on Shariah Courts; and (e) Chapter XXIX on Land. 65. Peraturan Menteri Negara Agaria refers to Regulation of the State Agrarian Minister. 70. Article 61(2). 66. Vollmar, HFA. Pengantar Studi Hukum Perdata Jilid I 71. Qanun, is known as Peraturan Daerah or Perda in other parts of (Introduction to Civil Law Study). Indonesia. 67. Government of Indonesia, Instruction of Directorate of 72. Serambi Indonesia, “DPRA ‘Era Sayed’ Sisakan 41 Rancangan Agrarian Affair in Home Affairs’ Department, 1980. Qanun”, October 1, 2009. S t u d y o n G e n d e r i m pa c t o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 17 The LoGA explicitly protects women’s rights and fined adat leaders as including village heads. The village obliges the government of Aceh to “promote and protect head in Aceh, therefore, automatically assumes the role the rights of women.” Article 75 of the LoGA allows of adat leader consequent to his election as village head. the establishment of local political parties. At least 30 Thus, when one refers to the village head as a position of percent of the members must be women permanently power, the power could stem from the person’s76 position domiciled in Aceh, and at least 30 percent of the man- as government official or adat leader. All of these, as elab- agement staff must also be women.73 orated in Section 4, illustrate a growing dual and possi- bly a transitional role for the geuchiks on land matters and Special autonomy arrangements allow for the application village governance in general. Further, Qanun provide of Shariah Law in Aceh.74 Law No. 44/1999 allowed for compulsory mediation through adat bodies before refer- the application of Shariah law in the province. Law No. ral to courts, but it is unclear the extent to which courts 18/2001 established Shariah courts in the province (refer to in Aceh follow these provisions. The Supreme Court Article 25, which determines the establishment of Shariah Regulation mentioned provides for mandatory mediation courts in the province). Qanun 10/2002 provides Shariah but through Supreme Court– annexed mediation bodies courts with jurisdiction over inheritance, guardianship, (overseen by judges). and the legal status of missing persons. Although the Shariah court does not have jurisdiction over land rights, it may support land ownership determinations when they form part of a larger inheritance dispute.75 Aceh’s contin- 2.6 conclusions ued right to formally implement Shariah law in the prov- ince is reflected in Article 128 of the LoGA. It is important to highlight that Aceh is not a Shariah state or province. Aceh remains a province within Geuchik’s Dual and Transitional Roles: Historically, in Indonesia’s secular political and legal system. In Aceh, Aceh, the status and functions of the geuchik were socially an additional source of Shariah (or at minimum, fiqh defined. He was the coordinator of village-level activi- [Islamic jurisprudence]) is Qanun (regional regulations), ties protecting the community’s life and prosperity. He passed by the DPRD (Acehnese Regional Legislature). also coordinated with religious and adat leaders. In re- Finally, while practices under customary (adat) law cent times, this role has gradually taken on the duties of differ within Aceh, such law is influenced largely by a village administrator, including liaison with the local Shariah principles.77 As Aceh begins to implement the government and institutions. Government Regulation 72/2005 on the Village defines the village and explains the role of the village head. In this context, the village 76. The view exists in Aceh that women do not play a role in local head acts as a representative of the executive branch of affairs. Historically, Aceh had women leaders like Malahayati (commander of navy and sea operations), Tjut Nyak Dien (the the government at the village level. They are mandated army commander, who fought the Dutch), and Queen Safitudin to carry out government functions at the village level as (army commander, who led a war against the Portugese). During field work, the research team encountered at least five villages elected authorities, and their legitimacy in communities with women geuchiks i.e., desa Keudah in Banda Aceh, desa Suak is a result of this executive/government power. However, Indrapuri, kecamatan Johan Pahlawan in Aceh Barat district, Qanun 9/2008 on Strengthening Adat in Aceh, has de- desa Ullee Rubek Timur, kecamatan Seunedon, Lhok Seumawe, and in late 2009 a village each in Sabang and Simuelue districts. Although statistically, women’s representation continues to be very poor, it illustrates that it is not always, but almost always, that a 73. Refer to Chapter XI, Article 75 of LoGA on Local Political man is a geuchik. It also shows that it is not impossible for a woman Parties. to become a geuchik and assume responsibilities in public life. A 74. Refer to LoGA Chapter XVIII, Articles 128 to 137. It is detailed census on geuchiks may reveal a higher level of women important to bear in mind that Aceh is the only province in holding such positions, which is outside the scope of this study. Indonesia that has formally recognized the role of Syariah (or 77. Ezki Widianti (June 2006) in a graduate thesis submitted to Shariah) law pursuant to a provincial level regulation. the Center for International Studies of Ohio University entitled: 75. Law No. 3/2006. This deals with the revisions to Law No. The Ulama in Aceh in time of conflict, tsunami and peace process: 7 of 1989 on Islamic Courts under which it has no authority to An ethnographic approach, the author had argued, in summary, determine land ownership. as follows: The Shariah procedures were more focused on women 18 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H provisions of LoGA, it is critical that the provincial Islamic principles, which are biased in favor of men, in government soon makes a decision to assign resources practice this is balanced through gifting (hibah) of prop- for reconciling adat institution and village administra- erty by the parents to their children as they start to form tion as one entity and incorporating local knowledge their own families. Masculinity is not constituted as au- into the modern methods of governance. Such an effort thority in the household.80 Inheritance disputes tend to will eliminate some of the prevailing ambiguities about be settled through customary mechanisms, occasionally the roles and responsibilities of the various actors and in Islamic courts, and rarely in civil courts. stakeholders. It will also provide a unified structure for local governance. Aceh’s customary law recognizes the distinction be- tween joint marital property (harta bersama) and in- Analysts highlight Aceh claims to be a patrilineal soci- dependent property (harta seharkat) contained in ety78; however, commentators have pointed to features Indonesia’s national laws.81 If a couple wishes to sell, of the kinship system in Aceh that are characteristic of trade, or gift joint marital property, the consent of both matrilineal societies.79 Many places in Aceh practice parties is required. Independent property (hareuta sehar- uxorilocal residence, which means that after marriage, kat, in Acehnese, refers to common property) is defined the husband temporarily moves to the wife’s parent’s as property obtained by either a man or a woman before house until he is able to establish his own house. It is marriage, in the form of inheritance, gift, or property a tradition among Acehnese to provide daughters with that is purchased or created.82 Customary law in Aceh a house. Although inheritance is strongly informed by recognizes women’s right to own, manage, and be- queath property, either independently or in joint owner- and the way in which women were targeted relate to patriarchal ship with their husband or another person. practices within the society. She also argued that though Shariah is supposed to apply to all Muslims, but in reality it is mostly applied In summary, Aceh’s adat practices are derived from to the poor. This thesis also described the differences between “modern” and “traditional” ulama or ulama dayah. Modern ulamas various influences, the primary being pre-Islamic tra- claimed their title based on their university degrees and believe ditions, Minangkabau practices, local customs, Islamic that they have superior knowledge about Islam as compared to traditional ulamas. On the other hand, traditionalists argued that principles, and more recent national legislations and those holding university degrees are not ulamas but only scholars regulations. It is expected that adat will maintain its on Islam. This split apparently became more divisive in the period primacy in all community affairs and community life in after the tsunami. The field survey observed that at the community and village levels, only traditional ulamas were largely represented the years to come. and seen as people with wisdom. On the other hand, modern ulamas with their progressive outlook could play a role in the education of Shariah police on gender and human rights and in the protection of the rights of women and other vulnerable groups. The latter is not happening. 80. K. Robinson. 78. See B. Ter Haar Bzn., Azas-azas dan Susunan Hukum Adat (Principles and Structure of Adat Law), 39. 81. E. Harper. 79. K. Robinson. 82. E. Harper. 19 S e c t i o n 3 tHe Study A s part of postdisaster reconstruction initiatives, and results are sustainable and replicable; and (c)  pro- donor-supported programs in Aceh attempted vide recommendations for the future. to ensure that ownership and access to land are secured equally for women and for men. It was agreed that CLM would be the primary tool for recov- ery and reconstruction of land rights through the im- 3.2 framework of the Study and plementation of the RALAS project, which promoted methodology a highly participative approach in which women, in particular, were encouraged and empowered to partici- The study draws on the work and experiences of the pate and benefit equally from the issuance of land titles Indonesian government, specifically BPN and its part- and other forms of land ownership rights. Relocation ners, in implementing two post-tsunami programs and resettlement programs were to also follow CLM launched primarily to restore land and ownership and RALAS procedures. All of these were expected, rights: (a) systematic titling of entire villages financed in the longer term, to strengthen land administra- by RALAS and (b) registration and certification of re- tion systems in Aceh. Recognizing the importance of location and resettlement areas. The latter utilized the learning lessons that could be drawn from innovative systematic methodology in the resettlement areas only. post-tsunami land registration and titling programs The study also gathered data on the Indonesian gov- implemented in Aceh, and to further promote gender- ernment’s other land certification programs. Further, equity, the World Bank commissioned a gender-spe- it gathered data on land parcels held under traditional cific research study. adat use rights and land registered through other meth- odologies such as sporadic registration. Data were gathered from the field using a comparative 3.1 objectives of the Study approach between different geographic areas (districts along the eastern and western coastal areas), where vari- The study was designed with the following objectives: ous forms of social processes, character of ownership, (a)  review experiences in the restoration of land and and land use patterns primarily determine women’s ac- property rights, particularly with regard to the inclu- cess to property rights. To compare the impact of dif- sion of gender concerns and addressing women’s access ferent approaches to land titling, the following types of to land rights; (b) analyze the extent to which activities land were studied: 20 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H (a) sites where the community-based land mapping and procedures to enhance inclusion of gender concerns, and adjudication process was used under RALAS; including steps in the community preparation process. (b) housing and resettlement projects with land certi- Subsequently, the draft data forms and interview proce- fication sponsored by BRR; dures were pretested and revised. (c) sites where no formal titling process had been im- plemented, and access is regulated mainly through This study builds on the earlier fieldwork conducted customary (adat) law and practice; and under the Project Implementation and Beneficiary (d) sites where adjudication was based on the sporadic Assessment or PIBA (August to November 2008), approach (such as PRONA and Titling Reloca- which generated quantitative data. The fieldwork for tion Areas). this study was divided into two phases (a) preliminary fieldwork between April and May 2009; and (b) inten- Quantitative and qualitative data were collected from sive, detailed studies between July and December 2009. randomly selected sites meeting the these characteris- Thereafter, a small team of researchers continued fol- tics. The study reviewed differences in socioeconomic low-up fieldwork until March 2010. The field work be- conditions and land ownership of female-headed house- tween July and December 2009 produced detailed qual- holds and male-headed households. Three methods itative data that served as major input for this report. were pursued to gather community level information: To ensure uniform distribution of the respondents, in- (a) survey of landholders using a structured terviewees were randomly selected within each study questionnaire; site for both FGDs and individual structured inter- (b) in-depth FGDs with women and mixed-gender views.83 Three researchers were assigned to each FGD groups; and or interview. The researchers also conducted inter- (c) FGDs with village leaders, local officials, and views with geuchiks or women, as these respondents BPN staff. walked through their respective settlements. This “walk and talk” method helped to build a conversation on In addition, a revalidation survey of the RALAS Work the various land use areas within the village and ad- Program of 2008–09 was carried out during July to joining places.  Each FGD, on average, lasted about 3 October 2009. Further information was collected from hours, and individual interviews took almost 1 hour. interviews with other stakeholders, including: Discussions at the BPN kantah offices and with NGOs (housing providers) took about 90 minutes each. Most (a) BPN at the district, provincial, and national of the FGDs were held at the local meunusah (multi- levels; purpose building), and individual interviews were con- (b) RALAS/BPN adjudication teams, particularly ducted at the respondents’ residence. At the end of the AWP 2008 teams; preliminary analysis of data gathered, some of the key (c) Interviews with local authorities; other govern- issues were revalidated through several more rounds of ment officials, including those from the Shariah discussions with senior officials at the provincial gover- Court, the Women’s Bureau, and BRR; and other nor’s office and other stakeholders. All field interviews stakeholders; and (d) Interviews with housing providers and interna- tional nongovernmental organizations. 83. To ensure that study villages were randomly selected from all villages meeting the selection criteria, the research team used the provincial global village list. Thereafter, study areas were selected At the onset of the fieldwork, the research team com- based on BPN’s list of villages where titling has been completed prising two men and four women participated in a (using systematic and other methodologies) since the tsunami. For data-gathering, the research team was divided into two groups three-day orientation workshop. Officials from BPN’s and sent in different directions within the selected village to provincial and national-level offices served as resource ensure broad village sampling. To randomly select informants within the study area, the teams were instructed to first obtain the persons. The orientation covered the key elements of rel- village household list and then interview every sixth household or evant laws, details of the systematic land title program, landowner encountered in the identified village. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 21 were conducted in the Acehnese language; interviews awareness. Hence, the absence of baseline information and discussions with other stakeholders (government, and gender-disaggregated data on land was the big- international organizations, and NGOs) were pursued gest challenge. In addition, the prolonged civil strife in Bahasa Indonesia or English. in Aceh strongly affected local leadership and gover- nance matters and some of its impact on land issues During fieldwork, it was clear that every community was recorded. However, because the scope of the study and women’s group had a story to tell about their expe- was limited, land issues that may have been triggered riences in restoring land rights. Using random sampling by conflict conditions were not investigated in detail. and qualitative tools, the study attempted to capture a Taken together, the study remained focused on land cross section of the thousands of experiences to be able and property rights, especially given the paucity of to extrapolate useful conclusions from the information time and resources. received. During the study, efforts were made to visit as many sites as possible and to conduct the maximum The timing of the study also posed some challenges. number of interviews possible to broaden the knowledge By the time fieldwork was done, the Indonesian gov- base for this undertaking. The team understands, how- ernment formally announced conclusion of the recon- ever, that that it is only possible to capture small pieces struction phase and start of long-term development of the overall picture.  For this reason, the findings of work in Aceh, the RALAS grant was closed, and the this report may not fully capture specific local condi- actual analysis of data gathered commenced a couple of tions, social capital built over the years, the strength of months thereafter. The closure of BRR in early 2009 adat practices found in all the areas, or how conditions limited institutional support for the study, which served have evolved over time. Similarly, because investigations as an assessment and documentation of lessons learned. focused on the titling process, the hard work of many Further, given the time lapse since the disaster, some government staff and relief agencies may not always be of the issues and experiences of December 2004 could highlighted in this report. have been lost from memory. In the FGDs, the participants described their past and Although the sample size is comparatively small, it does present economic conditions to illustrate the impact of offer a view of the respondents’ experiences and the var- land titling programs, but this information was often ious challenges to women’s land and property rights in vague and subjective and could not be independently Aceh. While the quantitative data acknowledged issues verified. A more in-depth socioeconomic analysis was implicitly rather than explicitly, the qualitative data was outside the scope of this assignment. Rapid field assess- clearer and highlighted shortcomings. Therefore, both ment methods, designed for ease of application, were qualitative and quantitative details are presented in this used to collect and discuss information regarding the report. For the majority of respondents, the focus of this physical characteristics and condition of the respon- study, that is, gender, was a subject with which they dents’ residence, their main source of income, and per were not familiar. Thus, many respondents preferred to capita holdings of productive land. discuss broader issues, rather than directly respond to the specific questions that were raised. Given the complexity and extent of the issues relat- ing to land and property in postdisaster situations, The study also highlights several opportunities for further this report needs to acknowledge the challenges faced research and action in the field of women’s property rights by this study. Before the tsunami, very little research in postdisaster situations, including building a gender-fo- work had been done with respect to gender and land cused statistical infrastructure within the government’s rights in Aceh, and documentary reports were limited. land management offices. This will include gender classi- In the two- to three-year period immediately follow- fications, documented concepts, definitions and methods, ing the disaster, a few reports were prepared on the and procedures for gender-sensitive data management, subject primarily focusing on advocacy and raising of including archiving, analysis, and dissemination. 22 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 3.3 profile of the Sample and draw on interviews and data collection carried out by earlier fieldwork reports from the World Bank’s moni- In all, 41 villages were included in this study; individual toring team and independent reports available to cross- interviews were conducted with beneficiaries and com- check feedback from the informants interviewed. munity members. In addition, FGDs were also con- ducted with beneficiaries in 37 villages or relocation Two of the FGDs were conducted with only women par- projects where title certificates had been issued through ticipants, and the remaining 21 were attended by both the RALAS systematic titling, relocation, or PRONA male and female participants (mixed-gender FGDs). (national titling program). A team of local facilitators During these discussions, the participants were divided with community development and research experience into subgroups according to occupation, gender, and was engaged to facilitate the process. residence status to discuss particular issues and develop cohort-specific feedback.  Subgroup feedback was pre- About two thirds of the villages covered by the study sented and discussed during the final plenary session. had participated in a reconstruction program or related The 23 FGDs included a total of 69 subgroups. These activity over the previous 3 years. In half of the villages included 14 subgroups comprised mostly of fisher-folk, where systematic land titling or relocation and hous- 13 subgroups of temporarily displaced families and ing programs were completed, copies of land maps were families now residing in new housing settlements, and available with the respective geuchik or other community 42 gender-specific subgroups. Most respondents were members. These maps and related documents were used married (see Figure 3.2), whereas about one fifth of the to gather data and conduct the FGDs. Data were gath- women were female heads of households. Nearly 30 per- ered in 23 villages where a systematic titling program has cent of the secondary informants were women. been in place since 2005, through individual interviews, FGDs, and interviews with geuchiks, other officials, and local community representatives. Individual village pro- files were prepared for all study sites.84 The field research included 393 individual interviews (of which 166 were 3.4 focus Group discussions men and 227 women) and 23 FGDs, with 340 partici- (fGds) pants as primary informants. In addition, there were 1,185 secondary informants interviewed in 10 villages Given the range of issues to be covered, the field re- that included 923 respondents who are land title hold- search used a multistep approach to gather data and in- ers. Additional interviews of 98 geuchiks were pursued as formation through FGDs. At each study site, the facili- part of the revalidation survey. In addition, 35 second- tators first held discussions with the geuchik to identify ary respondents were interviewed during the field survey. community representatives with a range of experiences Further, 161 government and civil society members were and knowledge about family situations. Using a list of interviewed as secondary informants. In total, 1,949 re- discussion topics, the local facilitators guided groups of spondents participated in this study (individual interviews six to eight community representatives to discuss and and FGD participants, local authorities, NGO represen- comment on a range of gender- and land-related is- tatives interviewed, secondary informants). Many NGO sues. At some study sites, apart from the geuchik and and civil society groups involved in the gender aspects of other local authorities, relatives and friends who helped reconstruction, housing, and land issues had completed to contact the participants also acted as community fa- their programs and withdrawn from Aceh by the time of cilitators. On completion of the subgroup discussions, a this study.  Researchers were able to conduct interviews larger forum was convened at each study site. Sampling with 11 IOs (international organizations) and NGOs85 of the subgroups took into consideration factors such as occupational categories (e.g., fisher-folk or farmers), 84. Refer to Annex No. 1 List of Study Villages. geographic distribution within the community, and de- 85. Refer to Annex No. 6 for List of NGOs interviewed. mographic factors such as temporarily displaced persons S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 23 Table 3.1 distribution of the respondents Distribution of Type of Data Collection Respondents by Gender Comments Male Female Total individual interviews (systematic 123 186 309 data collected in 34 villages in 11 kabupatens (districts). titling areas) individual interviews data collected in a total of seven villages in five kecamatans 43 41 84 (nonsystematic titling areas) spread over four kabupaten, including two relocation areas. primary informantS 21 mixed-gender fGds were conducted (which included 69 focus group discussion subgroup discussions), in 13 kabupatens. also included prona 110 176 286 (mixed-gender groups) areas: seven villages in four different kabupatens. each sub- group had 4–8 participants. focus group discussion (single- – 54 54 data collected in a total of two villages in two kabupatens. gender groups) Geuchiks interviewed (individual) 31 – 31   primary informants 307 457 764   Subtotal 40% 60% 100%   Secondary community-level data collected in a total of 10 villages in 10 kecamatans spread – 35 35 informants over four kabupatens Secondary interviews under the data collected in a total of 98 villages in 50 kecamatans spread revalidation Survey of land title 553 370 923 over 12 kabupatens holders, (Jul–oct 09) Geuchiks interviewed (under 98   98   Secondary informantS revalidation survey, Jul–oct 09). Bpn staff 45 – 45 included interviews with Kanwil and Kantah level provincial government 4 2 6 interviews conducted with governor’s advisor and staff district government 9 – 9 interviews conducted in three kabupatens Local authorities (camat, geuchik) 41 – 41 includes six camats, and 35 geuchiks public notaries (ppat)   3 3   university and civil society 1 2 3   nGo informants 10 8 18 informants from 11 nGos (see annex 6 for details) Shariah court officials 1 3 4   Secondary informants 762 423 1,185   Subtotal 64% 36% 100%   1,069 880 1,949   grand Total 55% 45% 100%   Note: village profiles were prepared for all primary study sites. interviews with geuchiks, camats, and other local authorities were summarized as part of the village profiles, and some were also documented as part of individual interviews. and families, and women who lost their husbands and reality. The majority of the participants seem to es- are now head of households. These factors were used as pouse certain sentiments, albeit tinted with varying background information on the subgroups and later on levels of commitment and support to said sentiments. the larger FGDs. The respondents also seem to hold similar views ac- cording to their geographic location during the three The subgroup discussions provided homogeneity and decades of civil strife in the province. resulted in consensus in responses and strong empha- sis on certain issues. The seeming group cohesion, far The mixed-gender FGDs had an average of 14 partici- from being misleading, actually captures the FGD pants (drawn from different subgroups at the study site). 24 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H At these broader FGD sessions, respondents wanted to Figure 3.1 know how the information was going to be used even though the facilitators had explained the purpose of the study during subgroup gatherings. The FGD delibera- tions, as the field notes indicate, remained open to new perspectives, insights, and meanings that people gave about various land-related themes and issues. Gender analysis was used to explore the roles of men and women during the land registration and titling process and also to identify interests and needs relating to the eq- uitable distribution of land and access to other natural resources. Finally, the data were analyzed thematically. 3.5 composition and distribution men 46.6 years. Figure 3.1 shows a breakdown of the study sample by age-group (see Figure 3.1). of the individuals interviewed marital Status of the Study Sample Gender Balance of the Study Sample Among the respondents, 75.1 percent of the women The total sample of 764 primary informants included 40 and 91.2 percent of the men were married and approxi- percent men and 60 percent women. Of this, the rep- mately 23 percent of the women were heads of house- resentation of men as local authorities (geuchiks, camats) holds (widows, divorced, or separated respondents). The and district land office personnel was significantly higher remaining were single men and women, and widowed than that of men as community representatives (31 re- men. Surprisingly, there were no divorced men among spondents were men, an there were no women). Further: the respondents. This could be attributed to the higher rates of migration resulting from conflict and remar- NN individual interviews included 40 percent men and riage among men (Figure 3.2). 60 percent women; NN secondary informants included 61 percent men and 39 percent women; and NN the FGDs included 43 percent men and 57 per- cent women. Figure 3.2 The following statistics relate mainly to data collected from the primary respondents of the individual inter- views conducted at the 23 study sites. Data also revealed that the average village consisted of 160 households, 24 percent of which are headed by women. age distribution of the Study Sample The respondents’ age ranged from 21 to 74 years, with the average age of women respondents 41.5 years and S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 25 Figure 3.3 Figure 3.4 educational Levels86 eral of them admitted they support their husbands in In all, close to three fourths of the interviewees com- farming, fishing, or small trade87 (Figure 3.4). pleted between 6 and 12 years of schooling, indicating a fairly high literacy level (see Figure 3.2). A disaggrega- tion of available data indicates that close to 50 percent of the women and men had not gone beyond primary 3.6 Summary of formal titling school. A very small percentage of women (5 percent) and men (6 percent) have had access to education be- outputs in aceh (from the yond the senior high school level (Figure 3.3). tsunami until June 2009) Sources of income In addition to the adat system of land allocation and land rights, there are several forms of formal registra- Overall, 35 percent of the respondents stated that they tion of land rights managed by BPN. These fall into depend on fishing or agriculture as the primary source two main categories: (a)  sporadic land registration, of income (farming and fishing are also the major sec- and (b) systematic land registration. Sporadic land ondary source of income). The other main occupational registration is also known as on-demand titling and categories were traders and civil servants (including registration. In this method, landowners who wish to those functioning as part of local institutions such as register their landholdings must submit an application geuchik or camat). More than 50 percent of the women and detailed information to the district (or kota) Land said they were housewives. However, on probing, sev- Office of BPN. This process is generally more costly than the systematic process. In addition to landowners going to BPN as individuals to register land, there are 86. Pre-tsunami Acehnese women worked in all sectors of livelihood, but concentrated on agriculture (66 percent), services (13 percent), and industry and manufacturing (8 percent). In 87. Sakdiah, a resident in desa Lancang, kecamatan Kembang addition, the literacy rate was high, at 94 percent for women and Tanjong in Pidie, said, “Family work is our duty and we do not 97 percent for men (refer to BPS, National Socio-economic Survey, get paid. We do not count this as income.” It appears that so far SUSENAS, 2003 and UNDP’s National Human Development as such family-related work is concerned, women’s contribution Report, 2008). This was affected immediately after the tsunami, to household income is seldom considered even by the women with most women in the affected areas moving to work in relief and themselves. Badriah, a resident in desa Kuala Meuraxsa in kota Lhok recovery work. UNDP’s National Human Development Report Seumawe agreed that if support provided by women for farming, for 2008 noted that women’s participation rates as agriculture (54 fishing or small trade were to be converted into cash, then it would percent), services (15 percent), and industry and manufacturing (4 be considerable.” She said, “We do not make such calculations. In percent). Literacy rates in the province continue to be high, at 95 our families, we do not ask for cash to do some work but support percent for women and 98 percent for men. each other.” 26 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Figure 3.5 Total Number of Post-Tsunami Land Titles Distributed under Various Programs Systema c PRONA* Titling 12% 69% Systema c Titling PRONA* Sporadic* Reloca on ** Sporadic* 15% Reloca on ** 4% several programs operating under this category includ- NN Titling of Relocation Areas: Another titling ini- ing (Figure 3.5): tiative is funded by the Indonesian government, through the Badan Rehabilitasi dan Rekonstruksi NN Proyek (Pertanahan) Nasional (PRONA; a nation- (BRR; Agency for Rehabilitation and Reconstruc- wide land titling program),88 in which the process- tion), for relocation/housing areas. ing cost is paid by the government in the form of social assistance. On average, approximately 500 certificates are distributed annually in each kabu- In post-tsunami Aceh, the primary mechanism for paten spread over several villages. certifying land rights has been through the system- NN P4T Program. This program is financed through atic land titling method launched in 2005 under the BPN’s national budget and implemented by the RALAS project. This was a community-based process provincial office. implemented by the Indonesian government BPN with support coming from the MDF a World Bank from 88. PRONA is a nation-wide BPN titling program that distributes October 2005 to June 2009 (see Section 4 for a discus- land title certificates to poorer families. On average, about 500 sion of RALAS). In total, 320,628 land titles have been titles per year are distributed in select kabupaten spread over several distributed by BPN under all of these programs as de- villages. The implementation of this program will depend on the total budget allocated by the Indonesian government and BPN. tailed in Figure 3.5. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 27 Map 3.1 29 Section 4 W o m e n , G e n d e r , a n d L a n d oWnerSHip in poSt-tSunami aceH W omen often face predisplacement constraints on Experiences around the world show that women are rights to land and are at greater risk for losing likely to participate in public spheres and forums access to land after disasters. A natural disas- through which relief and reconstruction activities are ter such as the December 2004 Indian Ocean organized and delivered. However, at the official leader- tsunami displaces a large number of women from famil- ship (political and government levels), it is rarely women iar locations. Therefore, they risked losing access to live- who are responsible for the work. Hence, in the absence lihood assets and common property resources. Women of adequate measures, a woman can more easily be de- required land for a range of needs to rebuild their lives, prived of resources or evicted from her home or land. including housing and physical security, sustenance, live- Compounding this, women can become easily trapped lihood, and access to credit, as well as social status in in situations of abuse because there are fewer options to times of renegotiated social arrangements. escape. It is therefore essential that reconstruction pro- grams recognize that women who lacked land before a In Aceh, it is well-documented that kinship structures disaster or who accessed land through a deceased hus- provide basic forms of social insurance for women. In band or relative will need specific programs to support post-tsunami and postconflict Aceh, women faced a po- their rights to land. Without gender-sensitive land pro- tential risk from relatives or neighbors who could take grams, many women will have less access to land than advantage of the social dislocation and lack of support- before the disaster, at a time when they badly need land ive government machinery to deny women’s claims to for recovery. land. In some cases, returning women were vulnerable to loss of access to land because prevailing social or legal This section is divided into four parts. The first part ex- norms require that their entitlement to land be medi- amines the economic status of women and characterizes ated through a deceased or missing husband or relative. their landholdings and the methods by which women This problem is particularly the case for women who are secure their land. The next part examines the role of widows or who stand to inherit land from a deceased women in securing land, highlighting the challenges relative. The tsunami severely destroyed or damaged in women’s access to land, particularly in a postdisas- most land records. Inheritance of land and restoration ter situation. In doing so, the interconnection between of security of tenure were the major determinants of re- resolution of inheritance and guardianship disputes and covery for women. the complex and complementary gender relationships 30 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H are explored. The next section analyzes the key factors ship and control of land and business assets was gath- influencing and changing women’s access to land and ered. The data gathered is presented below. ownership rights and identifies areas that need to be further explored to enable women to empower them- Assets Owned: Many women reported owning land and selves and sustain transformations in gender-centered other assets, but provided no information on savings. power relations. Finally, research findings with respect On the other hand, men reported owning land and hav- to gender relations and land rights at the institutional, ing savings too. Almost half of the women respondents familial, and community levels are presented.89 reported having business assets.91 On summarizing the FGD details and data from individual interviews, it was found that the mean and median values of assets owned by men-headed families were marginally higher than that owned by women-headed families. Nevertheless, 4.1 overall economic Status of all families reported “owning” (having access or use Women and characteristics of rights were also included here) at least one land parcel. Hence, in the study sample, there were no landless fam- their Land ownership ilies per se. Nearly to 50 percent of the respondents could be clas- In the FGDs, women estimated that their total assets sified as being from poor and disadvantaged segments (including land) have increased on average approxi- of society.90  Of the respondents from female-headed mately 10 percent since 2005. Many women were able households, nearly 60 percent received government as- to give a detailed list of assets obtained. For the same sistance and could be classified as being poor. As part of period, the men estimated that their total assets have the field survey, information on individual land owner- increased by 30 percent.92 The increases were mostly found in the value of farming and fishing equipment 89. Research findings have been cross-checked against other (which is mainly held in the man’s name) and related quantitative research covering similar issues in Aceh. One source of data included information collected to support implementation of resources and improvements in residential units. A ma- the Support for Poor and Disadvantaged Areas (SPADA) Program jority of FGD respondents stated that investment in re- in Aceh. SPADA is a GoI program implemented by the Kementrian construction during this period resulted in significant Pembangunan Daerah Tertinggal (Ministry for Disadvantaged Areas [KPDT]). One component of the program is titled Mediation increases in men’s asset holdings. This perception could and Community Legal Empowerment (MCLE). To support be attributed to the “visibility factor,” in which men implementation of this component a baseline survey was conducted in Aceh and Maluku province in Indonesia in 2009. The MCLE were engaged with agencies involved in highly visible baseline research study utilized three separate survey instruments. rehabilitation and recovery activities.  In any case, this In Aceh, this study covered Aceh Barat, Aceh Besar, and Pidie finding was limited to the most-affected areas close to (and Pidie Jaya) districts. The Household Survey comprised a set of questions to gather standard demographic and socioeconomic the coast and tended to refer to men’s participation in (welfare) information, along with indicators of access to justice, reconstruction projects (such as waste recovery, securing gender equality, and perceptions of fairness and corruption in informal dispute resolution and formal justice sector institutions. fishing boats, and house and road construction projects). Village leaders both formal and informal, including women, were asked to participate in a Key Informant Survey, which asked similar questions, designed to take advantage of the leaders’ enhanced 91. It is apparent that men tend to classify their cash reserves awareness of community issues and determine their point of view as as “savings,” whereas women consider it as “business asset.” The dispute resolution actors. Finally, a Community Survey involving reason for such variations is unclear and will have to be investigated leaders and dispute resolution actors was administered in a group further.  interview setting, allowing for consensus replies to answers, pooling 92. Men respondents did not provide sufficient information to of knowledge, and also the possible benefit of reducing self-interest corroborate this. However, they were able to list major items bias in answers by individual village leaders. Survey findings are added to their holdings and savings since 2005 (e.g., equipment expected to be made available by mid-2010. or instruments needed for productive purposes such as fishing 90. The main poverty indicator used to profile the asset status was boats, accessories, and farm implements). Therefore, one could only the household’s qualification for receiving government-subsidized make an inference regarding the increase in assets. As mentioned rice rations. Among the sample households, nearly three fourths elsewhere in this report, women were more specific about their stated that they receive the subsidized rice called RASKIN. assets, whereas men were less inclined to quantify. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 31 before and after the tsunami.95 These data are consistent Figure 4.1 with BPN’s database of all title certificates distributed to date. On the other hand, BDPE data and field data96 also suggest that decreases in women’s share of land owner- ship were marginal along coastal areas (less than 5 percent) where land was submerged. This variation in data (from the coastal areas) was explained by camats97 and other of- ficials: the increased share of men was primarily because of increased availability of land immediately after the tsu- nami as a result of deaths of thousands of landowners and because men, in several cases, claimed land areas on behalf of the family (refer to PIBA, 2009 also). This turned out to be either a temporary claim to prevent land-grabbing (or dispossession), rather than seeking land rights per se, or individuals taking advantage of abnormal conditions pre- vailing at that time. Eventually, the majority of the cases characteristics of Women’s Land ownership were resolved within the family and clarified or confirmed. On landholdings, the data indicate that respondents During the FGDs conducted in Pidie, Bireuen, and own from one to six land parcels, with the average be- Aceh Besar, several participants and local authorities ing 1.4 parcels per land owner. The field survey asked suggested that women’s landholdings have marginally all respondents to state their land status before the tsu- increased in recent years. In relocation areas, it was nami (e.g., individually owned, rented, leased, owned found that women’s landholdings rose and men’s did by parents, and state land).93 In all, almost a third of not change significantly. This situation may be because the women respondents reported “owning” land before the tsunami-related death of men tended to concentrate the tsunami, and a little more than 40 percent of the ownership with women in a number of cases. respondents reported owning land currently (evidence was presented for verification). During the FGDs, Nearly one third of the women landowners who par- most women did not indicate any systematic discrimi- ticipated in the FGDs reported gaining more access nation in terms of their land ownership.94 More than to land assets following the tsunami. The field surveys two thirds of the women respondents claimed access to found that  the difference in land ownership between an inherited land parcel (Figure 4.1). However, it was men and women was greater in Aceh Barat Daya and noted that women’s landholdings on average were con- Aceh Selatan, where the application of adat practices siderably smaller than those of men. and Islamic law favor a higher share of inheritance for male household members than for female members. One could deduce that at least at the level of perception, Women’s landholdings were generally higher in areas there was no significant gender gap in land ownership where the traditional matrilineal practices are widely held and mothers give a higher share of the assets to 93. Several experts on Indonesian land issues have reasoned that the majority of landowners in Indonesia do not hold registered titles 95. This level of confidence in the security of tenure among women to their property. For the landholders, possessory rights are only on land ownership is also reflected in BDPE survey of 2005 and secured through long and established occupation. It is estimated later field studies. that there may be three to five times as many landholders with unregistered rights as those with registered titles. The untitled land 96. Refer to data gathered for PIBA, 2009. parcels are governed largely by adat law. 97. This seems to suggest that the percentage of men who owned 94. The hardships faced by many women in securing guardianship land along coastal areas before the tsunami is greater than in other rights after the tsunami, discussed in a later part of this section, areas. No empirical data were gathered to support this finding. were generally seen as specific instances. Further research is recommended. 32 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H their daughters, such as in Aceh Besar, Pidie, and held.” This information was important because the per- Bireuen. The application of adat practices was mixed in son in whose name the land is “held” is highly favored the more urbanized areas such as Banda Aceh and kota to be the one in whose name the land will be formally Lhok Seumawe, and in Aceh Barat, Aceh Timur, Aceh registered when the formal process is launched. Even Utara, and Nagan Raya. Almost three fourths of the in- in communities in which inheritance through marriages formants stated that in Aceh, women expect to receive (matrilineal) with regard to women’s independent share adat or the matrilineal type inheritance of assets at some in property rights are stronger (e.g., Pidie and Aceh point in their life. Besar), close to two thirds of the male respondents said that land is held in the name of the male members of the family. This finding may add credence to the suggestion that men in traditional or patrilineal cultures do per- 4.2 Women’s Land ownership ceive themselves as owning land while acknowledging the rights of women under adat practices to inherit and and inclusion of Women in transfers. This perception is difficult to explain, but gen- decision-making erally can be attributed to the male attitude of claiming ownership or control of land to project the image that Some observers attributed marginal increases in wom- they are protecting the family’s assets and to bolster their en’s share of land ownership to postdisaster work and position of power within the family. However, there is some new institutional arrangements that came about a reasoned view among NGOs and other stakeholders alongside postdisaster work. Field discussions confirm that such male claims could have been turned into real this trend, with more women taking an active role in claims immediately after the tsunami and legitimized the outside of their homes. At the formal level, one such initiative related to inclusion of women representatives Box 4.1 as members of the local adat committees. This started Inclusion of Women in Adat Committees after the tsunami, particularly in mid-2008 as an initia- Nasruddin Syah in desa Kuta Krueng in Aceh Utara tive of the kabupatens (district governments); however, said, “To a great extent, men viewed adat committees as implementation to date has been quite limited. This for- an opportunity to gain access to reconstruction benefits, while women saw that as a service to the community, mal inclusion has helped more women to interact with and they were more focused on solving problems.” The adat committees. Senior adat committee members and differences were readily seen as all women were new to local leaders in Aceh Besar and to some extent, Pidie, working as part of the adat committees and were more noted that the inclusion of women in local adat com- open to a transparent style of governance, with discus- mittees, post-tsunami, has generated a new environ- sions and decisions occurring in the public view. ment in those committees. This was seen as a positive Masdarwaty and Hj. Hafidhah Ibrahim, judges at the trend and encouraged men to accept a greater role for Shariah court in Banda Aceh observed, “We see inclu- women in public affairs. Women were seen as doing sion of women representatives in the local adat com- their tasks differently from men when they engage in mittees as a positive step and a beginning. We have local meetings (e.g., sought more details on livelihood- seen that this small step is already helping at the village related issues; spoke to women in the neighborhood). level with more information made available to women This positive trend has a potential to develop as a tool for and their active participation in local affairs. These are hopeful signs but it is not enough because it could end facilitating higher participation of women and in pro- up as publicity alone.” They continued, “If women do moting fair play in gendered roles in local development. not sit in local committees, their influence will con- tinue to be very nominal. So, to strengthen women’s voices in local governance, you must first get them in whose name is the land held? into community-based mechanisms and then onto the higher levels of the government and policy-making This question refers not to the “registered” name, but to structures.” the name in which the land is “de facto seen as being S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 33 Figure 4.2 Types of land registered by gender Rice Fields Garden or plantation Men Residential Land A B (Petanian Sawah) areas (Kebun) Rice Fields Garden or plantation A B C Women Residential Land (Petanian Sawah) areas (Kebun) 0% 20% 40% 60% 80% 100% A = Land for Salt Ponds (Tambak Grram) B = Land for Fish Ponds (Tambak Ikan) C = Unused Land (Lahan Kosong) Source: Field revalidation survey, 2009. Total sample size: 923 respondents (370 women, 553 men). by the formal titling process. During the FGDs, several 4.3 methods by Which Land is cases requesting anonymity were mentioned of men try- ing to sell a female family member’s inherited land after obtained and Gender variations the tsunami. However, several of these efforts were ap- parently thwarted by community members as the prop- To understand the different ways through which men erties were known as family assets inherited by women. and women acquired land, respondents were asked, Such instances were found in the areas most affected by “How did you acquire the land which you currently the disaster. own?” This question was followed by an examination of patterns of land transfer or deals. Data shows that In terms of category of titled land owned by men and men and women acquired land through gifts, inheri- women, the ownership patterns are very similar (by tance, transfers, market purchases, or a government percentage).  It was found that women were slightly land distribution or housing program (as part of post- more likely to own residential land and men were likely tsunami or postconflict reconstruction efforts). Field to control a larger portion of the productive assets. survey data revealed that in Aceh, women mostly ac- However, it is important to note that the average par- quired land through inheritance (90 percent) and men cel owned by married men is roughly twice the size of were much more likely to acquire land through pur- parcels owned by women. In overall numbers of parcels chase. Discussions indicated that different methods of owned, men control or have title to significantly more land acquisition may have a gender bias; for example, land than women.  Only a small number of residential in the case of government-initiated programs, there is a land parcels were jointly titled in the names of both male preference and bias in documentation. spouses (Figure 4.2).98 On perception of land rights,99 nearly two thirds of the women (as opposed to almost all of the men) holding land 98. This data analysis, through field verification, was possible only 99. In Aceh, under traditional landholding practices, women who among those who held land title certificates. Therefore, only those inherit and control land are entitled to sell it with the consent of physically verified by the team are included in the data. the family members, particularly the father. Once the land plot had 34 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H registered in their name reported having the right to sell the land,100 48 percent reported having the right to use the Box 4.2 land as security, and 31 percent reported having only use Most Women Acquire Land through rights. Women were much more likely to express the need Inheritance Located in Aceh Besar, Lambada Peukan is an area af- to consult with their families and local leaders before mov- fected by the tsunami. The village was included for land ing to sell their landholdings. This reflected the women’s registration and titling (as part of systematic titling un- lack of familiarity regarding their land rights and also local der RALAS in 2008–09). The village comprises about practices regarding ancestral land (90 percent of women 70% residential area and 10 percent public area, includ- acquired their land through inheritance), which discour- ing government offices, school, and market. The remain- ages holders from selling land obtained through intergen- der is plantation and farming area. Of the 278 titles dis- tributed, 117 are registered in the men’s name and 161 erational transfers, although there is no barrier. are registered in the women’s name. The geuchik of desa Lambada Peukan, Azhari Abdurrahman, explained that most of lands owned by women are inherited. Very few land acquisitions by women are derived from other land transfer processes. For example, a rich man named La- 4.4 participation of Women in huda bequeathed some parcels of land to his two daugh- ters: a quarter of parcels are located in Lambada Peuka, Securing Land and ownership and the others are in different villages. The geuchik’s six rights sisters also gained their residential land from inheritance, not from purchase. There is another family in Kuta Peu- kan subvillage, where the mother, Fatimah and her late To summarize men and women’s participation in the sys- husband handed over land to their three daughters who tematic titling process, the technique of Harvard Analysis are living in the area. Azhari Abdurrahman said, “In our (visual representation of results) was used. Table 4.1 shows and neighboring villages, most women acquire land only that there was a modest variation between men and women through inheritance. This strengthens her bond with the in titling activities, particularly with regard to the quality family and community. After the tsunami, all land hold- ers wanted better tenure security and registered their of participation. First, there was no variation between men land under the formal system. No landholder faced any and women in site-level activities (mapping and surveying) difficulty doing so and land registration teams accepted and in filling out of the forms. The majority of women were our community agreements.” aware of the titling program in their locality, and several helped fill out the forms and secure required documen- Source: Interview with Azhari Abdurrahman, geuchik of tation. In that sense, women were involved in the titling desa Lambada Peukan in Aceh Besar. activities. Earlier PIBA research found that in some dis- tricts, (e.g., Pidie), many women only speak the Acehnese FGD participants language and are unable to understand Bahasa Indonesia, generally acknowl- which is used in socialization presentations.101 edged that, although women were pres- been bequeathed to the daughter (or a woman), she is entitled to ent during many of own the land as a freeholder and bound only by family and social norms to seek the consent of the family members, particularly her the village meetings father, to sell it if it is really needed to support her household. on land titling, they 100. As part of post-tsunami or postconflict housing and were usually seated at Photo 4.1: Women landholders resettlement programs, the government and development the rear of the group, participating in a community organizations insisted on nontransferability of the assets given, over a specific number of years. where it was diffi- meeting, Pidie, 2008. 101. “Systematic land registration started from ground zero asking everyone to submit available evidence of ownership. This made it equally easy for men and women to prepare documentation said Erna Heryani, former Director of Land, BRR in Aceh. She and to submit. The situation was not the same in other instances, observed that after the tsunami, more landowners began to believe like land areas donated by the local government for relocation or that registration of their holdings in the formal system is equally housing program, and hence women were unwilling to take a risk,” important and the demand for it is growing since the tsunami. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 35 Table 4.1 Gender equality indicators in titling Steps (as elaborated by participants in 23 fGds) Gender Equality Indicators Titling Steps Access Participation Benefit Ownership/Control Men Women Men Women Men Women Men Women Socialization activities (community level + + + _ _ + + _ _ _ + + _ + + _ _ meetings) mapping and surveying (placement of boundary markers; verification of boundaries + + + + + + + + + + + + + + + + + + + + + + + + and confirmation with neighbors) adjudication of land parcels (completion of forms; collection of juridical documents and + + + + + + + + + + + + n.a. n.a. n.a. n.a. verification of details) public notification (eligibility for titling confirmed; display of maps and confirmation + + + + + + _ _ n.a. n.a. n.a. n.a. of accuracy) receiving titles + + + + + + _ + + + + + + + _ notes: ▪N n.a. not applicable. ▪N access: indicator evaluates whether women are involved in the project activities or whether activity sites were within reachable distance for women to take part. ▪N Ownership and Control: indicator evaluates the highest participation level. ▪N the signs + and – indicate the progressive increases in the level of participation. only proactive participation was counted for analysis here. cult to hear the speaker. Some women commented that of the errors in mapping and surveying, whereas the presence of their children at the meetings distracted men were familiar with deliberations at the com- them from fully participating in the process. It was also mittee meetings or dispute resolution); found that some women do not actively participate be- NN Women and men tended to organize their knowl- cause nearly all of the speakers are men. This finding was edge in different ways, including during titling also noted in the PIBA research (2009). Cultural practice processes (e.g., women preferred to participate in and years of insecurity may also affect women’s interac- coordinating with the neighbors and men with tion with strangers and their willingness to travel away titling teams or local authorities; most women from home for meetings. Few women travel more than a played an active role in placing land boundary 1.5-kilometer distance to participate in a meeting. markers, whereas men merely attended meetings); and Data indicate that women were less likely than men to NN Women and men receive and transmit knowledge receive information directly from the systematic titling through different means (e.g., women share issues team or the geuchik (66 percent of men reported these as with neighbors, whereas men interact more widely their main information sources, whereas only 55 percent with village leaders, local authorities, or institu- of women reported the same) and were more likely to tions). Researchers noted that where women did receive information indirectly from neighbors and fam- not participate directly in the socialization meet- ily members. ings, they reported that they received basic infor- mation from male family members who did attend. In analyzing the FGD transcripts, the following dy- This does not necessarily indicate a conscious effort namics between the role and knowledge of men and to withhold information, but rather the perfor- women in relation to land titling processes were found: mance of a cultural practice that delegates interac- tion with officials to male members of the family. NN Men and women share different types of knowl- Women were given sufficient knowledge required edge about the same issue (e.g., women were aware to support the role of the male family members, 36 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H such as when and where to pick up the application is not mandated and hence they forms and boundary markers. Information on land are not obliged to record de- rights and the broader land registration process ap- tails of their participation. Most pears to have not been shared.102 FGD participants enumerated NN One of the key hurdles in promoting women’s practical obstacles for women to participation in property and inheritance rights is freely participate, including men ensuring that laws and regulations are implement- dominating the meetings, wom- ed fairly. For this to happen, there must also be a en’s lack of fluency in Bahasa “buy-in” by the government field staff and local au- Indonesia used by government thorities. In that sense, the change should start at institutions, and cultural norms Photo 4.2: A woman landholder looking at her the local level. The lack of women staff in the field that restrict women’s mobility title certificate, Lhok Nga, teams deployed by BPN is an impediment. The and interaction with strang- Banda Aceh, 2008. view existed that women civil servants are hesitant ers.103 BPN officials acknowl- to undertake field jobs and prefer back-office work. edged that men are more likely Although this may be partly true, there is lack of to receive information directly from the titling teams, effort on the part of government institutions to whereas women receive information only when the teams introduce special training programs for women, visit their neighborhoods. provide transport facilities for their fieldwork, and allow postings closer to their spouses so as to en- During discussions, a majority of the women perceived able women to accept and work in field positions. that the lack of complete information regarding their rights hinders their ability to interact with titling teams In the case of systematic titling, a majority of the women (or government institutions) about land issues and ben- dealt with titling teams during collection and placement efit from holding a formal title certificate. The FGDs of boundary markers, submission of adjudication docu- similarly reported that lack of information on pending ments, and meetings to resolve disputes, if any. On the applications (and transfer of incomplete forms to district other hand, men more often interacted with the teams land offices) further impeded women’s (and men’s) ac- during socialization meetings, verification of adjudica- tive participation and their benefits from the titling pro- tion documents, committee meetings, and forums to cess. Almost a third of the women respondents stated resolve disputes. Both men and women were equally in- that when errors were found in land maps (public dis- volved in collecting title certificates, and there was no plays) or title certificates, they raised the issue with the significant difference in participation during public dis- titling teams on their own. Further, they confirmed that play of maps or efforts to rectify errors. though only half of their appeals were resolved, women did not feel discriminated against or face any difficulty Data confirm that more women than men attended com- in bringing the errors to the attention of the titling munity meetings and were well aware of the titling pro- teams for clarification or rectification. gram in their locality (irrespective of the methodology, i.e., PRONA, relocation, systematic, or P4T). However, On further probing, women respondents explained that their level of participation significantly varied across the decisions on land disputes were based on legal and adat province. During discussions, several geuchiks reasoned procedures and both the norms and the rationale were that women’s participation in land registration and titling explained to them. However, the information was rather new for them to discern well. The study indicates that 102. Eva Syfig and Ulfa at Caritas-Switzerland in Meulaboh, said, “We have found that the level and quality of participation of women 103. This finding is consistent with the results of the PIBA, 2009. in community gatherings to be positively related to efforts of local During PIBA field research, several widows complained that they Ulemas and imeums, and as to how the families rate their capacities had difficulty finding death certificates of their late husbands. This and skills. On the other hand, if the imeums anticipate a high level obstacle may have prevented timely registration of the land parcels. of orderliness among the families, then women may hesitate to Support of a local NGO or organization would have helped in participate.” resolving such issues in a timely manner. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 37 women’s role in raising appeals or seeking clarification mediately acting on advice given by these sources. It on errors has certainly been less pronounced than that of probably reflects the men’s greater confidence in engag- men in Aceh (as would be the case in most other prov- ing with authorities but at the same time seeking addi- inces). But it would be a mistake to say that the outspoken tional advice before arriving at a decision. woman is completely nonexistent. BPN’s titling teams re- ported that some of the sharpest questions often came documents required to Secure Land certification from women landowners. In presenting evidence of land possession and ownership (under current arrangements), a landowner will have to as- semble documents showing that he or she meets all the 4.5 norms and procedures requirements for registration of the parcel owned. The field survey included a question about the type of documenta- for Land registration and tion presented for registering and securing certificates for certification104 land parcels. The majority of the respondents were able to present some form of evidence for continuous use (or pro- Data were gathered on methods of registering the trans- ductive occupation) of the land parcel, primarily through fers of land parcels. The survey also attempted to compare endorsement from the geuchik or a copy of an identity card men’s and women’s preferences for a particular method that states the applicant’s residence. In some areas, many in documenting land transfers (sale, purchase, or family families already had some form of legally acceptable land subdivisions by creating a deed). Respondents were asked documentation such as a land deed (jual beli); however, (during the interviews and FGDs) to state their preferred significantly fewer women than men reportedly have this method. Results showed that close to one third of land- type of documentary evidence (Figure 4.3). owners preferred documentation of land transactions at the local levels through the land deeds (akte jual beli) Nearly one third of the women and 23 percent of the and occasionally based on the geuchik’s Surat Ketereungan men were not able to present any form of documentary Keuchik (SKK) letters. Before the tsunami, only a small evidence to support their application for land ownership number of landholders registered their property and se- rights. However, informants reported that this was not a cured title certificates. The aftermath of the tsunami de- major obstacle. BPN data show that close to 40 percent of veloped an understanding about the need for tenure secu- the land registered to women and 54 percent of the land rity and more landholders, as illustrated elsewhere in this registered to men was registered by RALAS without any report, are beginning to seek a formal title. documentary evidence, primarily based on a community- Women reported that they were much more likely to Figure 4.3 accept the advice of local authorities when starting the process of transferring land ownership, whereas men were more likely to inquire with multiple sources before deciding on a course of action. In the discussions, men explained that they were reluctant to act immediately because they had to verify the quality of advice received. The study found that most male respondents were open to dealing with outside authorities and professionals. However, they were generally more cautious about im- 104. In the absence of a land title certificate, most documentary evidence for land is generated following land sales (akte jual-beli or jual-beli), gifts (hibah), and inheritance or divorce-related divisions (pembagian hak bersama). 38 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Box 4.3 Women Proactively Registering Their Landholdings Rosmiati, a 36-year-old resident of desa Lhok Timon, kecamatan Setia Bakti in Aceh Jaya district, was reluctant to seek registration of her land parcel because the paper work and negotiations with the authorities seemed formidable. Her neighbor Aminah (46 years old) explained the importance of registering land and offered to teach the steps and assist in filling out the required documentation. To demonstrate the value of land ownership, Aminah took her to a nearby commercial bank to show her the credit facilities for small traders. Finally, Rosmiati agreed. Rosmiati’s lack of skills was overcome through a mentor. Nurhayati, a 59-year-old resident of desa Suak Nie, kecamatan Johan Pahlawan, Aceh Barat district, recounted that when she started filling out the documentation for registering her land parcel (obtained through inheritance), her husband and neighbors were cynical. She was also quite uncertain as to whether she made the right choice, but decided to leave the outcome to God. When she received a title certificate in her name, she proudly showed it to her neighbors. This reinforced her faith in God and in her ability to get things done in the right way. Kasumah, a 32-year-old resident of desa Kuta Kreung in kecamatan Samudra, Aceh Utara district, wanted to register her land. But she did not receive any encourage- ment. Instead she heard only negative comments that did not support her initiatives. Photo 4.3: Landholders submitting documents to the adjudication team However, when her relative Devy came to visit her, she explained the importance of for verification and registration, Pidie, registering the land and getting a title certificate. This encouraged Kasumah to sub- January 2009 mit her application to the systematic titling team. driven adjudication methodology and endorsement of the districts, the basic methodology for land allocation and geuchiks. The CLM and subsequent community-driven dispute resolution is consistent throughout the prov- adjudication procedures were seen as reliable, commu- ince. With regard to women’s property rights, in addi- nity-based, fast, and government-led and helped expedite tion to adat practices, family traditions and Shariah law recovery and reconstruction operations.105 are equally important. During the field survey, questions were asked to determine the continued relevance of adat practices compared to formal registration and the reasons for converting customary holdings. reasons for converting customary (Adat) Holdings or deeds (or Jual Beli ) to formal titles Data gathered shows that majority of landowners were (Hak Milik) willing to formally register their adat (or deed) land par- cels for a variety of reasons including: (a) to enhance For customary tenure systems, such as those in Aceh, clarity and tenure security, (b) to move forward in re- family structure, marriage, and civil laws (including in- building lives and livelihood sources, and (c)  to gain heritance practices) are most influential. The common confidence and social status (Figure 4.4).106 A signifi- cultural belief in most parts of Aceh is that even though adat processes vary among and sometimes even within 106. “Systematic land registration started from ground zero asking everyone to submit available evidence of ownership at the same time. This made it equally easy for men and women to prepare and 105. “This process was easy for us to follow because we only need the submit documentation. The situation was not the same in other agreement of our neighbors and local authorities to confirm our right to instances, like land areas donated by the local government for own the land. As soon as the CDA process was reasonably completed, relocation or housing program, and hence women were unwilling it was easy for the housing providers to commence their work” says M to take a risk,” said Erna Heryani, former Director of Land, BRR Daud, a resident of desa Siblah Coh, kecamatan Ulim Pidie, in Pidie. in Aceh. She observed that after the tsunami more land owners are Refer to discussions on this subject later in this section. beginning to believe that registration of their holdings in the formal S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 39 Box 4.4 Women in Public Spaces: Changing Trends and Emergence of Vocal Leadership among Women “Today women are really learning the ups and downs of land ownership rights,” said Elvida, Director of a local NGO in Banda Aceh, engaged in raising awareness about development issues, women’s legal rights, and empowerment. “Women may not always come out and say what they think, but they frequently think deeply about these issues and are often moti- vated to act. Women who have grassroots connections through their social networks within the community or those who are deprived of basic assets are the ones who speak out at the first opportunity,” she said. One example occurred in desa Ulee Blang Manne (kecamatan Blang Mangat, kota Lhok Seumawe), in which money was paid for boundary markers, but the geuchik failed to arrange land registration on time. In January 2009, a number of women blocked the World Bank’s monitoring team and asked for clarification. On further investigation, it was found that payments were apparently made to cover the costs of the boundary markers and some incidental expenses. The women raised serious questions about possible double payments for the titling work and corruption in the process. Later, the BPN took remedial action. “We need some time to get together, to organize, to grow and to mobilize,” said a resident in the community. Ulfa, who worked for Caritas-Switzerland in Meulaboh said, “I would say that women’s confidence is higher today than it was before the tsunami. Further, ever-increasing contact with the modern world educates women to be vocal. All of this makes it hard for governments and religious leaders to completely ignore them.” “I never took part in community meetings or public activities before the tsunami. I lost my husband and three of my children, leaving me with one school-age daughter. Prior to the tsunami, we owned a small piece of land but that was also washed away. I started a new life with bare hands and some distant hopes,” said Lis, a woman in her early 40s who lives in desa Lambada Lhok, Aceh Besar. “I started attending community meetings to see whether I could get some assistance to recover my life. In the early days, several stories about corruption and local officials not providing correct details to relief agencies were doing the rounds. I started attending more and more meetings every week. Some gatherings were tough as I did not understand the nuances and details. So, we women gathered around and talked,” said Aminah. Her neighbor added that such discussions among women and regular attendance at meetings worked in their favor. “At every meeting, we were heard,” she said. “Before the tsunami, we used to believe that active participation in community gatherings was not necessarily advantageous. This view has changed since the disaster and these days, we not only attend but also follow-up.” “While women are clearly apprehensive about dealing with outsiders on land matters, men are silently cautious,” said Tgk H. Abdullah, Imeum Mukim, desa Lam Ara, Banda Raya in Banda Aceh. On recent changes in attitude among women, Nurhasdiana, Director of a local NGO Sri Ratu, sounded optimistic and said, “In most cases, women’s active participation in community events boils down to whether she can negotiate a space for herself independent of the household and extended family. It is a public act and for women to be equal participants in the public arena, they need to be able to step outside the household, a sphere of male dominance in many parts of the world. It has started happening more since the tsunami. Now-a-days you will find vocal, reasoned women’s voices.” She cited the public roles played by women officials like several former judges at Shariah courts in Aceh Besar, Pidie and Aceh Barat, and a few others. cant majority of the men and women (56 percent and aware of the type of land administration services avail- 64 percent, respectively), stated that the recent land ti- able to them. A critical factor mentioned was ability to tling program, after the tsunami disaster, has not only secure a higher compensation when land is acquired for reinforced their customary holdings but also made them public infrastructure. system is equally important and the demand for it is growing since When different land registration methods were discussed, the tsunami. close to 70 percent of the women respondents stated that 40 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Figure 4.4 Box 4.5 Reasons for registering landholding with Government (BPN) Need for Strengthening Adat Traditions and a er the disaster Practices 0.260188088 “After spending four years sorting out land details through Gain confidence plus social status 0.216101695 our peace and reconciliation and also reconstruction pro- gram, I can say with confidence that it is not realistic to Essen al to 0.394984326 Women ignore adat practices on land ownership for the general rebuilding lives and livelihood 0.372881356 Men population and for women in particular. Adat system will adapt itself. However, I can also say that people cannot Enhanced clarity 0.344827586 and tenure depend on adat practices alone for long. With regard to 0.411016949 security women’s adat land rights, we have seen mixed results. So, 0 0.2 0.4 0.6 0.8 1 it is a good time for the communities and government to sit together and review what changes are required in adat systems and practices. It may be useful for policy purposes to assess and encourage people to register their current ac- systematic land titling is fair and equitable and helped cess to adat land to prevent anxiety among the communi- them to understand the nuances of property rights. They ties. Let me also add, there is no land crisis or major land added that the conversion of less formal holdings into hak conflict in the province now. However, it will be prudent for the government to start a formal process soon before it milik diminished uncertainty in ownership, under system- is too late,” said Philip Visser, who worked for an interna- atic titling, reduced conflict with neighbors, and improved tional NGO in Meulaboh. security of tenure under systematic titling. Most of the women respondents reported that they were able to easily Bakthiar Ishaq at the Provincial Governor’s Office was convert their adat (or inherited property) into hak milik.107 of the view that for adat to be effective, geuchiks and lo- However, isolated reports indicated that women were un- cal leaders should not only be knowledgeable but also re- spected by the community for their integrity. On confirm- able to register land parcels acquired through other meth- ing land tenure and registration, he said, “Changing social ods (e.g., donation from the local government or registered and economic conditions will increase the demand for the under sporadic registration). In terms of documentation, formal registration and certification of land parcels. I am individual women owners reported having evidentiary re- personally aware of several instances where women had to cord for 26 percent of the parcels and full ownership (hak depend upon the goodwill of their husbands, male rela- milik) for 20 percent of the parcels they hold. tives or the geuchik to successfully claim their inheritance rights. Close to one third of the geuchiks were newly as- signed in 2006-2007 and they are sometimes not prop- Almost two thirds of women informants were of the erly informed about the adat procedures and hence some view that under the traditional system, women and complications had arisen.” He also reasoned that under men have equal rights on property matters. However, the LoGA, the provincial government should launch an they acknowledged that given sociocultural changes in initiative to build a coordinated work of the adat insti- the province, a secure land title was also a good idea tutions with village and kecamatan governments so that anxieties could be prevented in the future. for them and their families. Nearly half of the women respondents and an equal number of men felt that adat practices would gradually lose recognition and such sociocultural factors do not always allow a woman to traditions would disappear in the longer term (Refer readily claim her part of the family’s assets. Sometimes, to Section 5.5). At that stage, they felt, it would be a she may even relinquish her rights for the sake of peace challenge for people in general, and especially married in the family.108 Therefore, in case of inherited assets, woman who frequently lack documentation, to regis- ter land in their names. Evidence exists that prevalent 108. Data gathered by the ADB-BRR Housing Program in Banda Aceh, Aceh Besar, Meulaboh, Seunoddon, Simeulue, and Sabang shows that usually women paid some money to the father or siblings 107. This kind of hak milik in Acehnese adat is counted as full to avoid envy and conflict among siblings or parents (refer to personal ownership called milek gob, which is similar to freehold Herman Soesangobeng, “Understanding The Acehnese Customary title (see Kreemer, 365). Land Law and the Mode of Bringing it under the National Land S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 41 a gradual transition from traditional practices to more Figure 4.5 secure formal certification is seen as a secure option for women. Reasons for not formally registering subsequent transac ons 19% High cost 44% registering Subsequent transactions Time consuming 23% 24% Women Men The robustness of the land administration system was Land office is 20% faraway 12% evaluated by reviewing women’s approach to subsequent Lack of 38% transactions. Almost all of the respondents showed very informa on on 21% low awareness of the need for registering subsequent the procedure 0% 10% 20% 30% 40% 50% transfers, use of land administration services provided by the BPN district land offices, and the role of land ti- tling per se. FGD results reveal that very few people un- tration of subsequent transactions (see Figures A.8 and derstand the need, process, and value of registering fu- A.9). ture transactions. Respondents also expressed concern over the cost of registering transfers, with no significant Most respondents were not aware that there is a legally difference between male and female respondents. Most prescribed fee for creating land records. Therefore, peo- men stated that they would be willing to register subse- ple are reluctant to pay for preparing such documents. quent transactions if procedures were clear and registra- Further, the collection of land taxes is not well orga- tion less time-consuming. However, fewer women were nized these days.110 Uncertainty exists among landhold- willing to register land, because they felt their land par- ers about the amount to be paid. They expect that they cels were too small to justify the cost and effort involved. will be asked to pay higher amounts when land is reg- Some respondents stated that for a small land area, no istered or records created. In the next two years, as per woman would like to travel to a district center several new regulations, local governments will be responsible times. They would generally prefer to get it done at the for the collection of land taxes, and this new arrange- village or camat level.109 ment should minimize fears among people. Both women and men gave four reasons for not seeking A general sense was evident that local leaders, who are formal registration of subsequent transfers (Figure 4.5): based in the village, are known and accessible to com- (a) lack of clear information on procedures; (b) distant munity members. Local leaders are seen as legitimate location of the land office; (c) time-consuming process; authorities to settle claims over land ownership (partic- and (d) high costs involved, including fear of regular tax payments that may be higher than current rates. Among these reasons, men considered payment of costs (43 per- 110. Land taxes, which relate directly to the subject of land administration, continue to be a point for discussion within the cent) as the primary factor and women asserted lack of Indonesian government. In the past, collection of land taxes information and time-consuming procedures (37 per- remained very insignificant, with geuchiks and other entities cent). These reasons indicate the lack of knowledge on mobilizing the revenue as part of their duties. This situation partly contributed to the lack of information dissemination land transactions within the community, and in partic- and mobilization of revenues. To remedy the poor resource ular, fear of payments or higher taxes constrained regis- mobilization from land taxes, the Indonesian government is taking new initiatives. In 2009, it issued a regulation streamlining the procedures and reassigned responsibilities for the collection of land taxes. As per government regulation No. 28/2009 dated August 1, 2009, local governments are responsible for the collection of land Law System”, field study report for ADB-ETESP: Banda Aceh, taxes from January 2010 and there will be new revenue sharing pp 8–10, 2009). The FGD participants at Gostel Timur, kecamatan arrangements between the subnational and national levels from Singkil Utara in Aceh Singkil district expressed similar views. the following fiscal year. The implementation of this regulation 109. Interviews with geuchiks in Bireuen and Aceh Timur on the will also contribute toward improving the capacities of the land east coast and Aceh Selatan on the western coast. administration personnel. 42 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H ularly with regard to adat practices). In contrast, BPN Figure 4.6 procedures tend to be ambiguous and bureaucratic, ac- cording to women. Where will you register your next land transaction? Taken together, for the subsequent transfers to be sus- Geuchik 78% 63% tainable, there is a need for government to focus on four 14% Bpn factors: (a) dissemination of clear information about 24% Women procedures and processes, (b) improving accessibility men 6% camat 8% to land offices facilities through innovative approaches 2% such as mobile services, (c) enhancing efficiency of pro- notary 5% cesses by cutting down time required for completion; 0% 20% 40% 60% 80% 100% and (d) ensuring that service costs are well publicized Sample size 㴀 393 (men 166, women 227) and are set at affordable levels. in creating a landholdings record and documenting land transactions. The study also gathered data on landhold- ers’ experiences in dealing with systematic land titling 4.6 methods of documenting programs and land offices in the area. The similarities and differences in experiences of landholders were com- Land transfers pared and analyzed (Figure 4.6). The creation of a record for a land parcel involves se- curing a complex bundle of property rights or claims dealing with ppats and camats in an orderly manner. This may include joint owner- ship, mortgages, and various types of easement rights. Aceh has a large number of accredited PPATs and ca- The documents describing these claims must be col- mats who have completed government training and lected and their validity determined. The creation of received certification. Among PPATs, both men and a land record is the first step in seeking legal rights to women are represented in equal numbers and are largely land and property and serves as evidence when seek- based in urban centers, with little presence in the ru- ing formal registration. In Aceh, written land records ral areas. To provide better access to PPAT services in are usually generated as a result of land sales, gifts the rural areas, the government has allowed camats to (hibah), inheritance, or divorce-related divisions (pem- provide notarial services for a fee.111 Both PPATs and bagian hak bersama). These documents are prepared by camats see the preparation of a land record as a simple the PPAT (public notary) or camat in his capacity as the process of landholders providing information regarding PPAT for the area and often witnessed by representa- their claims and preparing deeds on the basis of these tives of the parties involved. If the camat is involved, the documents. Although the camat (or PPAT) is obliged to transfer documentation will usually take the form of a forward copies of these notarized documents to BPN, formally notarized document (akte).  This process usu- in practice the parties often forego BPN involvement to ally requires the completion of a number of procedural limit the time and cost of the transaction. steps and payment of several formal and informal fees. Before the tsunami, only a small number of landhold- A large majority of the respondents, both men and ers dealt with the land offices (e.g., when seeking land women, said that they would prefer securing a deed certification under the sporadic methodology or one of locally rather than from a land office, with the camat the government’s pro-poor initiatives). As noted ear- lier, post-tsunami reconstruction programs ushered in 111. Based on Article 32 (1) of Government Regulation on PPAT systematic land registration activities. During the field Official Function No. 33/1998, the honorarium is 1% of the total nominal price agreed for the preparation of a deed. Paragraph 2 of survey, questions were asked to determine the extent to the Article stresses that PPATs, including camats, have to serve poor which village leaders and PPATs are sought and trusted clients free of charge. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 43 most preferred by women and the PPAT by the men Although men seem to be more aware of the amount (Figure 4.7). This is because a local process has pre- required to be paid for creating the records, they were dictable procedures and results and entails a low cost. not clear on payment of annual land taxes. The study In contrast, obtaining a formal land office certificate also noted that close to two thirds of respondents car- of ownership is more costly and involves an unfamil- ried a popular misconception that only families with big iar process. The fact that the local authorities are close assets will have to register their landholdings. Equally by and often known to the landowner makes the lo- significant, another misconception was that only in case cal process an attractive option. Informant responses of land disputes will there be a need to create a legal leaning toward the preparation of deeds locally were deed to ensure security of tenure. Every FGD asserted sharper among women. “We do not like surprises. In that if they were aware of the value of a land title and our dealings, we look for concrete results,” said women how their rights could be secured, they would be most participants at the FGD in Pidie. willing to seek formal title certificates. On landholders’ A popular misconception is that only families with big willingness to docu- assets will have to register their landholdings. Another ment their assets, misconception is that one will have to create a legal the emerging trends deed to ensure security of tenure only in case of dis- were clear, with putes or when holders intend to seek a loan from the close to two thirds of bank or other sources. As a result, most landholders the informants, both anticipate creating a deed only when a need for such women and men, documentation arises. The deed itself is seen as a re- Photo 4.4: Registration in progress aware of the impor- quirement to accomplish some other benefit. An in- in desa Mon Keulayu in kecamatan Gandapura in Bireuen district, 2009. tance of securing for- creased willingness among landholders to register their mal land title certifi- parcels suggests that the tsunami seems to have signifi- cates. No difference cantly changed the traditional view. That disaster not was observed in willingness between small landholders only destroyed land records but also highlighted the and those holding more than 5 hectares of land area. importance of proper registration and documentation However, close to three fourths of the respondents were for land assets. This resulted in a higher demand both uncertain about the costs of creating land records. The for land deeds and title certificates, because landhold- majority of women believed that creating a land record ers sought higher levels of tenure security. PPATs and would be expensive. Among fisher-folk families, most camats interviewed confirmed that they received more landholders stated that they had no money to pay for clients after the tsunami asking for advice on land the creation of land records or obtain title certificates. matters. They also claimed that an increasing num- ber of women are actively seeking advice. PPATs and Figure 4.7 camats informed the research team that only a small number of women do not turn up after one or two vis- Preferred official for crea ng land reports its or leave their male relatives to complete the process, a confirmation of increasing awareness on land matters 0.0969163 among women. No idea 0.102409639 Rural families seek the help of a PPAT only when 0.202643172 Women PPATs 0.572289157 there is a dispute to be settled and several of them re- Men quire an explanation on their needs, understand vari- 0.700440529 Camat ous options for preparing the documentation, and pro- 0.325301205 vide information for preparing the deed or transaction. 0 0.2 0.4 0.6 0.8 1 Otherwise, they would work through the camat, who Sampling size : Men 166, Women 227 is a local official and certified to prepare the akte jual 44 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H beli. The researchers consistently received comment that tion details and seek immediate support from the ca- most Acehnese women do not have much experience in mat. Almost all women informants expressed caution in dealing with professionals and take time to enter into sharing copies of land documents. The FGDs in Banda a dialogue with outsiders and to trust his or her cre- Aceh and Lhok Seumawe113 highlighted that this will- dentials as a professional. Therefore, it is not a question ingness on the part of women to readily share docu- of clarifying legal issues to women but rather creating ments and other information makes them more vulner- an environment for their engagement in land matters. able to abuse. This is also because there are a number As an evolving professional group, PPATs should have of gray areas and some flexibility in adat land dealings, a good grasp of procedures and technical details, and whereas there is a heavy standard of proof required to the ability to clarify legal issues for women and cre- satisfy formal courts or the judicial system.114 As a re- ate an environment for women’s engagement. In that sult, many women seem to prefer an easier, locally based sense, a PPAT, when dealing with women landholders, route. Of course, this would work as long as the geuchik should be a professional as well as a counselor who will and other local authorities are transparent and function build client confidence to deal with outsiders and formal as per the rule and intent of the law. However, a “not- institutions. so-transparent” geuchik or local authority could easily undermine landholder and public confidence and trust in the system. are people confident in dealing with ppats and camats on Land matters? In addition, there is a common view that most PPATs and camats create land documentation without adequate The study found that more women than men landhold- investigation into the history of land parcels. This view ers seek help from camats,112 and men are more likely was more prevalent among women respondents, sug- to use the services of PPATs to record land transac- gesting a lack of knowledge of the process. The PPATs tions. However, data from interviews showed that the and camats interviewed admitted that this was probably level of confidence in the services of both professionals true, but reasoned that they prepare deeds on the basis is not especially high and that both men and women of information provided by their clients. “We examine were equally wary of dealing with PPATs or camats. documents and information provided to us, act in good The widespread preference was to have a geuchik wit- faith and try to do a thorough job. However, I must ac- ness their land transactions to make the transaction cept that not all PPATs undertake a thorough investiga- faster and to reduce costs. It was interesting to note that tion of the history of land parcels before preparing the the propensity to share information was higher among deeds. In a few instances, this has a resulted in multiple women than among men. For example, male landown- deeds for the same land parcels,” a PPAT based in Aceh ers are rarely willing to allow the geuchik or PPATs ac- Timur noted. cess to documentary records without scrutinizing their individual integrity and credentials. As with any land-related entity, questions emerge about whether a PPAT, a professional, or a camat or a geu- In every instance, women landowners were found to be chik, a public official, actually serve the public interest. disadvantaged in the sense that, for cultural reasons, they did not have similar levels of public access to the 113. For example, responses gathered at desa Gampong Jawa, geuchiks (who are mostly men) and the PPATs (both kecamatan Kuta Raja in kota Banda Aceh, and desa Kuala Meuraksa, men and women), who are seen as occupying a higher kecamatan Blang Mangat in kota Lhok Seumawe. social status (even if they are women). Therefore, women 114. In separate discussions, officials of Shariah courts tend to readily share copies of documents and transac- acknowledged the difficulties that a formal system imposes on land owners, particularly women. They stated that most of the affidavit or statements of facts submitted by land owners, particularly women, 112. By virtue of Article 5(3.a) of PP/Government Regulation No. were more likely simple, primarily involving family settlements that 37/1998, a camat could be appointed by the Minister of Agrarian raised only questions of construction rather than legal issues to be Affairs as a temporary PPAT official, if there is no professional resolved. However, the formal system demands a quasi-legal process PPAT in the subdistrict area of jurisdiction. with which landowners are not familiar. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 45 In FGDs,115 participants cited several cases in which get the job done. When probed further, most of the PPATs turned out to be land-dealers or brokers facili- women respondents noted that they were unwilling to tating land transactions (rather than professionals pro- undertake several visits to the PPAT or land office to viding legal services). In some cases, solutions proposed secure a deed. As a result, knowledge of land matters were inconsistent with adat or Shariah principles, and always seems to rest with a male member of the family. both men and women were equally critical.116 Most Discussions also showed that for women to participate respondents further concluded that men and women more actively in preparing the land deed, they will re- PPATs did not differ much in the way they handle con- quire information on the differences between various fidential information; the only difference being a greater documents and details required for each one. Creation propensity among the male PPATs to conceal their of documentary evidence is seen as time-consuming errors.117 and complicated. In separate discussions, all PPATs interviewed admitted having some problems within their professional group, but experiences at the Land office noted that most land parcels owned by women were in- herited or held as part of adat traditions and practices and With regard to landholders’ experiences in dealing with hence required additional information and steps to prepare land offices and their personnel, field data show that own- a deed. Field surveys found that close to 50% of the women ers dealt with land offices on four occasions: first time adat landholders did not understand the legal process re- registration (titling), subsequent transfers, endorsement quired to create a deed. This is more true in case of women in the case of mortgages or easements, and land areas no- who had inherited the land. tified for public purposes. On these matters, there were significant differences between men and women on their Field surveys posed the question, “How long would points and areas of contact with land offices. it take to prepare a land deed?” It was followed by a discussion. Responses showed that women landhold- Documentation for mortgages or easements is gener- ers did not realize that creating a deed demands more ally started through PPATs and then brought to the than a couple of visits by them to get the work done. land office for registration. Almost all women respon- To avoid repeat visits to land offices, women gener- dents were unaware of the process required to document ally allow their husbands or male relatives to complete mortgages or easements, whereas more men were aware the process. Three fourths of the respondents believed of them. The study found that even local authorities in that two visits to a PPATs office would be sufficient to the proposed location were not provided with details and that there was no coordination of information re- 115. For example, refer to the FGD deliberations at desa Gostel lated to mortgages or easements. Timur, kecamatan Singkil Utara in Aceh Singkil district. 116. “It is okay for the PPAT to go ahead and make arrangements With regard to land areas notified for public purposes, for a deed or to assist in transacting a land acquisition case. the dealings were always through the geuchik, in the However, some PPATs try to use the information to their advantage without the land owners’ consent,” said Usman AR (geuchik in first instance, and thereafter with the concerned land desa Kajhu, Aceh Besar). Another informant said, “Some PPATs r acquisition committee. The experiences of residents in proposed sale prices to the potential buyers, or occasionally engaged Nagan Raya (desa Suak Puntong and Kuta Makmur) in representing buyers.” demonstrated the lack of coordination among agencies 117. Clearly, scope exists for further work in this area. Ahmad Sohaib, a BPN official in Aceh Timur, commented that at times mandated to secure land areas for the communities. In PPATs tend to mix up their professional duties with business separate FGDs, the problems of compensation for land dealings, thus raising suspicions regarding their integrity. He said, lost to public projects were discussed. Most women rea- “Because of this, land holders believe that a local process involving the geuchik would be more within their control and this view is soned that securing adequate compensation for land lost higher among women.” The study also found that many local NGOs is complicated and demands a lot of engagement with hold similar views. In addition, majority of men respondents were critical of the PPAT’s limited knowledge of Shariah law and Islamic outsiders and agencies. They would prefer to allow male principles. members from their household deal with it. 46 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H However, the case was different for four women- 4.7 Joint titling: Level of headed families in the area. These women were pro- active and approached a local NGO for information awareness, compliance, and and support. “This is seen as a more grounded ap- proach that allowed women to deal, reasonably pre- attitudes pared, with outside institutions on the subject,” said In Indonesia, a single marriage law (Marriage Law, Abdul Jalil, coordinator of a local NGO. The discus- 1974) governs all persons regardless of religion or sions also found that more men reported attending ethnicity. This law formally adopted the concept of gatherings on the subject than women. Ulfa, coor- co-ownership (by husband and wife) of property pur- dinator with Caritas-Switzerland, summarized it chased during marriage. Property acquired by gift or thus: “During our field work in Aceh Jaya and Aceh inheritance and property purchased before marriage Singkil, we found that all of the women were not well are treated as the separate property of each spouse. No informed about the formulas used to determine com- significant variation exists between the formal law and pensation, but it is known that the process can be in- customary practices (adat). It is pertinent to note that fluenced. Therefore, they are anxious to get the best in Aceh, customary inheritance practices recognize the compensation from the agencies for land lost and pre- marital property rights of wives.118 When one spouse ferred to get outside support, through a local NGO, dies, the other spouse retains property rights over half and lobby for it.” She continued, “Single-women are of all assets acquired during marriage; only the half be- more vulnerable to underestimation of values and manipulation by outsiders and could lose their assets. It is important for the Government to develop and 118. The wife is referred to by the husband as peurumoh, meaning “owner of the house.” Such cultural practices make women feel implement gender-sensitive methodologies in proj- secure in the home. This is another reason they may not feel the ects that involve land acquisition.” need to actively pursue the option of joint titling. Box 4.6 Are Camats Better Placed to Strengthen the Land Administration System at the Kecamatan Level? Camats are representatives of the executive branch of the government and do not have adat status. In fact, several camats are not from the kecamatan where they are operating. However, in case of land matters, they are the accredited officials for preparing documentation on landholdings and endorsing relevant details, when requested. The field research addressed camats’ role in land governance. During the FGDs, camats themselves recommended that the district and municipal gov- ernments should have authority for land administration, with kecamatan officials providing support. “Land is an important matter and we always discuss it when preparing our inputs for local development plans or other activities. However, we do not have the necessary technical, financial and political capacity to deal with the subjects that come along with recent changes in the society. Therefore, in the long-run, it is not desirable that we maintain the land administration system,” said Nurianto, Secretary in the kecamatan office in Aceh Besar district. Said Mustafa, Assistant to the Provincial Governor of Aceh expressed similar views and said: “Such an approach will only burden camats who are not equipped to deal with complexities of land administration.” These views were reiterated by the PPATs interviewed. Independent observers and NGOs pointed out that all kecamatans are male-dominated and it will not be easy for women to access it. Elvida said, “It is a myth that camats and kecamatan offices will be friendlier toward women on land matters. Once they have formal power, there is reason for them to behave differently. Camats are also always men with no women representatives in it. The concern here is to increase representation of women in such institutions so that women could feel that the offices are theirs as well.” Officials at the provincial governor’s office agreed and said that lack of an oversight mechanism along with costs required for managing land administration at kecamatan levels would cause financial burden on the government in the long term and create additional layers of bureaucracy. The study also found that local NGOs were against creating another administrative layer at the kecamatan level that may not necessarily result in enhancing better space and opportunities for women in public sphere or land matters. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 47 longing to the deceased spouse passes on to heirs. Thus, ing marriage, the PP-24 and other titling regulations both customary practice and formal law are in accor- are silent or simply suggest compliance with available dance with regard to spouses’ “property rights”.119 In and relevant administrative documentation. general, marital property and inheritance legislation re- forms in Indonesia, and Aceh, have been favorable to A perception exists that in practice, the gender-neutral gender equity. But how do couples behave? What are approach has turned out to favor the man and has resulted the customary norms and practices regarding marital in men ultimately securing better access and control over property and inheritance? Did government institutions land and other productive resources. This study found promote joint titling? that the notion of the man as head of household within the government vocabulary will have to be challenged What do registration and titling laws say about women’s, and replaced with more gender-sensitive terms.120 In dis- particularly wives’, rights? Generally, the language of all cussions, respondents also reasoned that the outcome of legislations is gender-neutral. In Indonesia, divorcing laws, government policies, and government programs for couples often make agreements regarding how to share enhancing women’s land rights on the ground with var- the assets. As per formal procedures, such agreements ied interests and stakeholders should be seen within the must be created by a PPAT and then submitted to the hierarchy of local government institutions. This not only court for approval. In some instances, in the case of divi- involves securing the cooperation and support of the local sion as the result of divorce, marital property is divided authorities and government institutions but also careful according to a court order. This research found that the negotiation between stakeholders. majority of respondents felt that in the case of divorce, women have the right to claim half of the assets purchased awareness and Willingness on Joint titling during the marriage, regardless of which person’s income was used to purchase the property. However, Shariah This study revealed that there is a widespread aware- court officials and local camats said very few couples seek ness that after marriage land and properties are jointly a court order for sharing their marital assets and almost owned by both spouses (Figure 4.8). In locations where all cases are resolved mutually or through family medi- the systematic titling program or relocation project was ation. Officials and PPATs also asserted that it is quite implemented, more than one third of the respondents common for divorcing couples to transfer ownership of were aware of the titling program, but were less aware of marital property to their children at the time of divorce, details on joint titling procedures and their benefits. In even if the children are still young. In the study sample, the case of relocation/housing programs, geuchiks rea- researchers were told of two such instances. At least four soned that land registration was based on existing legal women complained that they had difficulty finding death documents or the list of beneficiaries proposed by the certificates for their late husbands. This obstacle may have Indonesian government and BRR.121 In both instances, prevented timely registration of the land parcels. Support of a local NGO or organization would have helped in re- solving such issues in a timely manner. 120. Refer to E Harper; discussions with Ria Fitri and Kurniawan (former staff with Oxfam and IDLO and currently a faculty at Regulations for implementing land titling programs Unisyiah, Banda Aceh). usually designate in the documentary evidence the per- 121. In the case of relocation and resettlement programs, the concerned local government (kabupaten) will have to issue a formal son in whose name the title is issued and registered. decree giving names of land beneficiaries and BPN will maintain Thus, while marital property legislations recognized those names in the title records. Local governments conceded that equal rights of both spouses for property acquired dur- observation and stated that they have an obligation to document decisions to donate land parcels (or confirm allocation of land) for particular housing projects. BRR’s joint titling policy triggered inclusion of women’s names in the land allocation list and subsequent 119. Formal law for inheritance by children is based on the local joint titling. However, officials were also obliged to accept what the Islamic practice of giving sons a more favorable portion of the family stated as its preference in terms of name of the landowner. A inheritance than daughters. This is equally true of customary more targeted special education program could have yielded better practices in the province. results. 48 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Figure 4.8 joint titling not only for women (in the case of the hus- band’s untimely death), but also to protect the rights of the couple’s minor children. Men were also equally un- aware of the joint titling options and potential benefits. When asked about their perceptions on the efficacy of joint titling, close to one third of the respondents were positive. Further, half of the men and women respon- dents could not provide an opinion because they were not familiar with the details, whereas others believed that such an approach would be good for women (see Figure A.12). Some women respondents (see Figure A.13) and FGD participants stated that even if they knew about the possibility of joint land titling, socio- the joint titling policy received scant attention from lo- cultural factors prevented women from freely seeking cal governments or adjudication officials. Hence, gen- joint ownership. The survey teams posed hypothetical eral awareness on joint titling is yet to significantly turn conditions to them, such as a woman’s husband passing into couples’ willingness to formally register their hold- away without clarifying claims and rights among heirs ings as a jointly held property. or the addition of a second wife and the impact on land rights. At this point, the women became passionate and Regarding women’s awareness of the joint titling op- interested in learning more about the option. Instances tion, women respondents were generally aware of their such as this suggests that improved socialization meth- right to register land in their own name, but less than ods are likely to yield better results. 25% were aware of the option to register land jointly with their spouse. At least two thirds of the women par- ticipants were not aware of the legal and economic sig- NGO representatives asserted that placing the onus on nificance of having their names on title certificates (see individual families to jointly register matrimonial prop- Figure A.11). erty is bound to create a significant risk that such prop- erty will be registered only in the name of a husband, This study found that women were usually excluded given the prevalent cultural norms. They reasoned that from the decision-making process regarding whose the concept of the man as head of household, at the heart name would appear on the certificate.122 In the FGDs, of the issue of joint titles, was reflected not only in social women remarked that registering a property in a wom- perceptions and thought processes of government offi- an’s name could be interpreted as lack of trust in her cials, but also in the manner in which some procedures husband or preparation for divorce.123 This appears to and regulations have been interpreted and applied. This be a cultural constraint that must be countered by lo- gender-neutral approach of government institutions and cal government and BPN by providing clear informa- officials does not take into account current realities that tion regarding women’s land rights and the benefits of many households are headed by women, owing to nat- ural disasters, out-migration of men in search of eco- nomic opportunities, and conflict. 122. Despite provisions in the Marriage Law and other regulations on joint titling, Indonesian government and BPN officials asserted that the specific focus on joint titling was introduced only post- tsunami and particularly through the systematic titling program The lack of understanding about the joint titling option (RALAS project) and relocation and housing projects. As part of and lack of socialization of details were important find- these two titling programs, officials were required to disseminate ings from the field surveys. Widespread misunderstand- information on women’s access to land, ownership rights, and joint titling as an option. ing exists within communities and among village lead- 123. FGDs in Aceh Barat Daya, Aceh Selatan, Pidie, and Aceh ers regarding the possibility and benefits of joint titling. Timur. This study also found that most women were not very S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 49 keen to discuss joint titling as an option until they were If gender equality is intended to be achieved, then there prodded and motivated to think about it. is a need to redesign the socialization process to ensure that all beneficiaries are informed about the importance of land rights (such as titling in the name of women attitude towards Joint titling generally and joint titling) and feel free to exercise those rights. It is imperative that the issue of women’s access The majority of the respondents and FGD participants to land is given increased and critical attention by the expressed no strong opinions about how land had to be Indonesian government and BPN. The challenge is to registered, as long as the name on the title certificate create a conducive and enabling environment for women belonged to a member of the family, most preferably to participate equally and benefit from the joint titling the husband. Both men and women felt safe and secure provisions. as long as no foreign claims are made on the property. When probed further, women respondents reasoned On joint titling, researchers also interviewed several that land registration is a man’s work (i.e., dealing with PPATs and camats and obtained their views. Most PPATs government officials) or that the women respondents and camats responsible for preparing transfer (and mort- “trust their men.”124 Further, the procedure for jointly gage) deeds, opt to follow local norms in deciding the registering ownership is seen as complex and time-con- names to be included. This attitude is consistent and seen suming, especially in the case of inherited property. At as complying with adat procedures. They also pointed out times, landholders receive incomplete information and that women and men continue to deal with property rights the details are unclear. Maintaining a safe approach, in accordance with their own customary norms, regard- most landholders prefer not to pursue a challenging less of what title documents and registration records may path. Despite such assertions, most women agreed that state.126 This indicates a desire to maintain the status quo joint titling would help guard against capricious ac- among the professional groups, for whom socialization is tion by one spouse; protect women from dispossession also required. through abandonment, separation, or divorce; and in- crease women’s bargaining power in the household and On their part, in the FGDs and interviews, local gov- farm decision-making. Several geuchiks, NGOs, and in- ernments and BPN officials argued that they would formal leaders (e.g., imeum meunasah) asserted that man- prefer to provide information that is gender-neutral, datory joint titling for legally married couples provides rather than influence the final decision in a particu- the most secure land rights for women.125 Evidence in- lar direction.127 In spite of widespread inaction to joint dicated that the issue of land titles to women, or joint titling within the government environment, it is well ownership, is likely to become more important as men recognized that property acquired during marriage is travel to urban centers for employment. Focusing on “marital property” and protected as such wherever cul- strengthening women’s access to land rights is critical tural norms, customary practices and the adat tenure in the longer term. Joint titling would also reduce the system are dominant. But they were also aware that continuous burden placed on local leaders and adat in- the government will have to proactively work on pro- stitutions about land matters. 126. The near absence of willingness to register subsequent 124. For example, there was a view that formal credit should be transactions confirms this attitude and practice. accessed by men. When probed further, the researchers gathered 127. In general, all officials know that more than one name could be that women were aware of the implications of a debt cycle and were included in a title certificate as owners. BPN officials in two district cautious about getting into a trap, whereas men did not show such land offices were of the view that including more than one name on fears. This could be an area for future research. a smaller plot (of less than 2 hectares) may result in the violation of 125. It is important to note that joint titling is only compulsory for government regulation in Lieu of Act 56/1960 on Fixation of the joint marital poperty (harta bersama), not for independent property Size of Agricultural Land, Article 9. This regulation provides that (harta bawaan), as distinguished in the second paragraph on joint only one person can own a plot smaller than 2 hectares, except in titling. The lack of clarity between these two forms of property the case of joint ownership by heirs who inherit the land as a group. ownership seems to have been a major challenge to ensuring that This is due to a wrong reading of the regulation by some officials the land title register accurately reflects land ownership. and is preventable with orientation and training on a regular basis. 50 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H tecting women’s land rights and in parallel make cer- In sum, women’s and men’s attitudes to joint titling range tain that there is no family or community resistance to from enthusiasm to apparent indifference to outright re- conferring rights to women. The results of the RALAS jection of women’s rights. This variation seems to depend project in 2008–09 demonstrated that if information on cultural norms, efforts of titling teams to inform land- dissemination is prioritized, it is possible to secure owners about the titling process, and the objective of joint higher participation of women and men in the joint titling. Evidence shows that better informed landowners titling initiative. are more receptive to the notion of joint titling. 51 Section 5 c H a n G i n G t r a d i t i o n S i n L a n d oWnerSHip in aceH 5.1 matrilineal inheritance with sons. It is also seen as offsetting the pro-male ten- dencies of Islamic law and adat practices. practices D uring the field surveys, the research team ex- to What extent does aceh follow matrilineal plored the continued relevance and acceptance of practices? the matrilineal arrangements, the introduction of During the field survey, all informants reported reason- formal titling, and its impact on women’s rights able familiarity with matrilineal practices and stated that to ancestral and nonancestral land. In addition, discus- these are being followed among the families. Nearly 70 sions were pursued with officials of the Shariah court percent of the women informants had received a share (Mahkama Shariah) in Banda Aceh and in Aceh Besar, of assets through the matrilineal system. The remaining Pidie, Bireuen, and Aceh Utara districts. As noted earlier, women had yet to receive any assets because their par- for the majority of Acehnese, land ownership and inheri- ents were still alive. Some respondents said there was no tance are not processed through formal institutions. need for sharing assets because they were the only daugh- ters of their parents and there was no need to divide the Data showed that a majority of the women (nearly 90 property. percent) were aware of their inheritance rights (divi- sion of property under Acehnese customary practices) (Figure 5.1). When asked to define the method by which Figure 5.1 ancestral property was shared, this study found that there was no single method of dividing the property as Awareness of women's inheritance rights far as daughters were concerned. Most women narrated 0.32 Women more than one method by which assets could be shared. No 0.19 In Aceh Besar, for example, per traditions, family prop- Men erty will be either divided equally among daughters or at Yes 0.68 0.81 a ratio in favor of the youngest daughter. The rationale is that all daughters would take care of parents and other 0 0.2 0.4 0.6 0.8 1 family members equally during a time of need.  Both men and women respondents asserted that this custom- Sampling size: Men 166, Women 227 ary practice is beneficial to daughters, who inherit at par 52 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Another dominant factor found in the division of inherited with husbands playing a large role in family affairs, it is assets was the venue of postmarriage residence. In some ar- common among Acehnese women to agree to a demand eas, the man moves into the wife’s village (Aceh Besar and or “suggestion” from a male member in the household, Pidie), whereas in Aceh Utara, the reverse is the case. One in particular on property management. Based on narra- adat leader explained that this difference was because in tions heard during the field surveys and data gathered, areas where land is scarce or less productive, a man may not it can be said that the traditional practices and wed- be able to take his wife home. Therefore, in some coastal ding gifts to daughters are very deep-rooted customs districts, where land is abundant, the man moves into his and have been around for several centuries because men wife’s residence. Such male migrations were always based were always away fighting battles or pursuing economic on economic factors rather than social or cultural norms. activities. So the care of the household and property was entrusted to the women. But this did not mean that the Anecdotal evidence indicated that sometimes fathers who husband or male members were not active in manag- have the means to purchase land or property will do so ing matrilineal and inherited assets. Most women par- and give it to their daughters (obviously, this is only pos- ticipants at FGDs tend to believe that although changes sible among more well-off segments of the society). This may come, the basic matrilineal and inheritance systems property would not be considered customary family land. will remain strong and women will continue to hold NGO advocates reasoned that this may be the result of property rights in general.128 the growing instability of marriages in recent years. An interesting anecdote was the fact that among many new- This study found that even in the traditional system lyweds, women prefer to hold a land parcel before mar- wherein which women inherit land and other property riage. Although this may not always occur, it does indi- rights, men have gradually emerged as decision-makers cate women’s keenness to maintain some sort of economic on land and property matters because of their presumed independence. In general, such customary practices are knowledge of the outside world or because of the gender- beneficial to daughters, who inherit at par with sons. This based division of labor in nuclear families. Every com- practice, in some ways, offsets the pro-male tendencies of munity had a story to narrate. It is a fact that the tradi- the Islamic law and adat practices. Parents consider each tional and matrimonial practices will not disappear easily. one of their children as equal and prefer to be fair to all. However, with the increasing emergence of the nuclear family over the extended family system, men are taking An advantage for women in a matrilineal society as prac- the role of head of household and the system of handling ticed in Aceh is that she has cultivation rights on her birth property is likely to weaken in time. This may be due to family’s land, even after she marries, as long as she lives in the shift from sustenance to modern modes of livelihoods the community. Geuchiks pointed out several cases in which (such as wage employment or domestic sale and exports a woman had married outside the community but opted to of fish and other produce). The other social factor to be return to her place of birth and was able to reclaim her use highlighted here is that in practice, many marriages are rights. In the FGDs, women stated that such allowances in now negotiated outside the community, and these mar- the matrilineal practices do give them some independence riages tend to allow more rational decision-making with from the husband’s household. Families were generally regard to assets. However, the formation of new fami- found to be sensitive to the needs of girls. lies and residences away from parents has also disad- vantaged women when they become disconnected from their inherited land assets. The fallout from this trend is does the matrilineal System empower or an emerging conflict between inheritance customs and disempower Women? does it absolve males of their responsibility in Supporting Women’s inheritance rights? 128. Local leaders such as Sakdiah, a resident in desa Lancang, kecamatan Kembang Tanjong, Pidie, believe that with education Available data and information show that women are and other social changes, inheritance practices will also undergo a not openly empowered in Acehnese society. However, transformation. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 53 inheritance practice, and hence between matrilineal sys- well disseminated. For example, not many geuchiks tems and current reality. were aware of recent changes in land use patterns and the close relationship between these changes The field survey also observed that there were gaps and lags and the land markets (including land acquisition in the institutional support to women’s property and in- for public purposes). As a result, geuchiks or local heritance rights, particularly through adat traditions and authorities were unable to provide clear guidance inheritance. The findings of this study suggest that there and leadership on some of the issues. is widespread confusion among land office and govern- NN As is common, customary practices are not always ment officials regarding how matrimonial assets are in- recorded and result in numerous misapplications herited and how family property should be registered. or misinterpretations that in turn lead to unneces- Uncertainties exist on the role and responsibilities of the sary land-related disputes. In the changing institu- adat committees. Officials of the Shariah court129 acknowl- tional environment, greater involvement of other edged overlaps among Islamic law, customary practices, agencies in the area is called for. For example, in and formal rights. They also noted that the quality of adat Nagan Raya and Aceh Jaya, post-tsunami, geuchiks decision-making depends largely on the geuchik’s under- and local leaders spent long periods of time identi- standing of formal and customary inheritance rules and fying and clarifying the real owners of land parcels knowledge of the family’s personal circumstances (such and deciding how land areas should be reallocated as origins of a family’s wealth and lineage). The situation to families.130 The disconnect of this nature delayed is further complicated because, as stated earlier, close to implementation of housing projects and recon- one third of post-tsunami geuchiks were new and unfamil- struction programs.131 iar with such background information. These conditions NN Misapplication (or nonapplication) of adat prac- could also be seen as an opportunity for the government tices negatively affect governance (e.g., when lo- to put in place a unified approach for village governance. cal officials introduce a wrong set of precedents in property administration). The field research made an attempt to assess the “dis- connect” between various practices and laws and assess Almost all of the respondents in the FGDs were aware how much of it is due to lack of knowledge and under- of the limitations of inheritance practices, as well as the standing on the part of local authorities. It found that growing limitations of adat institutions to enforce them. most institutions tend to forget the fact that landown- In the most tsunami-affected areas, women were able to ers and communities, in general, are not holding a ste- narrate experiences. The government is aware of such cases reotyped view or obsession with a particular procedure/ and has seen the opportunity and need to strike a balance practice. The “disconnect” was found to be clearly on the between customary practices and conferring formal prop- governance side, especially in three areas: erty rights. However, the government is also aware that lo- cal functionaries such as the geuchiks, mukims, or camats are NN The customary practices tend to adapt to the not yet fully prepared to handle such a task. changing socioeconomic environment, but these adaptations were not always well understood or Traditional and religious arrangements and practices, in- cluding both Shariah and adat, have protected women’s ac- cess to resources and property rights. The related capacity 129. In Indonesia, religious jurisdiction is defined through the religious courts (Pengadilan Agama). These courts have jurisdiction and knowledge gap is also well known, particularly in the over Muslims in the areas of marriage, divorce, inheritance, guardianship, and charitable trusts and endowments (wakaf ). In Aceh, the religious courts were replaced by Mahkamah Shariah (or 130. Although most women ultimately received their due share, the Mahkamah Syari’ah) in 2003 by way of Presidential Decree. These mixed-up process and impasse continued for more than two years, courts sit in each district, and appeals are heard by the provincial illustrating the serious disconnect. level Mahkamah Shariah in Banda Aceh, and finally by the Mahkamah Agung (Supreme Court) of Indonesia in Jakarta. The power to 131. Refer to discussions with former Director of Land, BRR, and appoint, promote, and dismiss judges rests with the Indonesian Mulyadi, Head of Legal Unit, Aceh Barat Bupati office, and Erna Supreme Court and Judicial Commission (Komisi Yudisial). Heryani, former Director of Land, BRR, Banda Aceh. 54 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H post-tsunami days. Old people with local knowledge (orang tua) have been lost to a considerable extent. Further, gover- Box 5.1 nance factors are beginning to have an impact on women Are Women Turning Their Backs on Traditional more than men, as more women hold adat-type land par- Inheritance Practices in Asset Sharing? A case study from Pidie highlighted the gradual transi- cels than men. The fact that geuchiks are all men, who tend tions now occurring. to misread or misapply adat practices and potentially de- prive women of their rights (Figure 5.2), remains as a chal- It is not that Ernita isn’t grateful to her family’s tra- lenge. Aceh’s experiences illustrate how changing practices ditional inheritance system under which she, rather are affecting traditional or matrimonial assets. Some of the than her brothers, will inherit the family’s sprawling key findings could be summarized as follows: First, the in- home lot and garden. It’s just that she’s not sure she wants all the responsibility that goes with it. “I know troduction of formal titling and the adoption of the hak this is a privilege that the youngest daughter enjoys, but milik regime (full ownership) results in reinforcement of I have my own life to lead,” said Ramla, 34, a teacher women’s ownership. But how the assets will be managed in a nearby primary school. “I can’t be responsible for over the longer term remains unclear. Second, officials at everything. The system should gradually change,” she Mahkamah Shariah have shown their willingness to adopt told the field researchers. Under the matrilineal system modern social and economic trends that people are begin- in Pidie, dating back more than 700 years, the youngest daughter inherits the ancestral home. The catch, how- ning to accept. Acehnese social analysts note that although ever, is that while the property goes to her, so do all the Mahkamah Shariah, in recent years, has shown progressive responsibilities attached to running a large household. thinking and the ability to perform a delicate balancing “Under our system the youngest daughter is obliged act, these socioeconomic changes are neither universal nor to look after her parents and any other family mem- have affected all women in the same way. Variations have bers who may fall on hard times,” says an official at been found across districts; for example, Aceh Besar and Mahkamah Shariah in Banda Aceh. This arrangement usually works well as long as the daughter stays with Pidie, seem to follow a similar pattern of modified inheri- the traditional environment and culture. But it runs tance (matrimonial) practices, whereas Aceh Utara and into difficulties once daughters receive an education Aceh Timur lean toward practices followed by communi- and move out of the village and into the larger society. ties living in neighboring Medan (North Sumatera). The Erna, a resident in Lancang, kecamatan Kembang Tan- matrilineal practices found in Aceh Besar, Pidie, and jong in Pidie district, was forthright and said: “It is not Bireuen appear to be of a piecemeal nature and are not that I want to turn my back on tradition, but I’m not sure whether I will be able to fulfill the responsibili- comprehensive enough to be termed a matrilineal system. ties when I have a different way of life.” Muin Kadir, On the other hand, the province has no clear set of proce- a Mahkamah Shariah official added, “We feel that the dures for patrilineal customs either. system is gradually becoming irrelevant.” The new LoGA has ensured devolution of general land ad- ministration powers to the municipal, provincial, and dis- municipal governments will have responsibility for land trict governments of Aceh (Article 213). The district and administration within their respective areas of jurisdiction (Article 17), and the provincial government will be respon- Figure 5.2 sible for land administration matters that cut across the districts and municipalities. The provincial government is Percep on of geuchik and local leaders' familiarity with reported to be already taking initiatives to make these le- women's inheritance rights gal provisions operational. It will also call for significant 0.03 Don't Know 0.18 Women strengthening of the desa/kecamatan levels in land admin- No 0.26 0.24 Men istration.132 The systematic titling program, RALAS, was 0.71 Yes 0.58 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 132. Fitzpatrick advocated (Oxfam report, 24) “Given the primary dispute resolution role of the keucik (geuchik), there is also scope for greater resources and training in relation to record-keeping. The Sampling size: Men 166, Women 227 documents that are kept in geuchik offices include letters confirming S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 55 designed with a similar decentralized approach and should be readily applicable and adaptable to the new structure for Box 5.2 land administration. Migration and Inheritance Mrs Nilawati in desa Kuala Jeumpa in kecamatan Blang Bladeh, Bireuen said, “In our family, we have norms that guaranteed and recognized inherited assets. That was adequate under normal conditions and most of us 5.2 inheritance of property133 were able to provide for our families. However, with families increasingly moving out of the villages for em- ployment or other reasons, most women tend to look Land inheritance is a key element that affects gender into other ways of securing their ownership rights. relations within families; therefore, attitudes and prac- Land registration is one such way.” With this increase tices in this context were explored in detail. As noted in tenure security, we also found that substantial num- earlier, Aceh has strong matrilocal tendencies in allo- bers of women are able to independently manage their domestic and family economic affairs. cating assets for daughters and hukum adat procedures to protect and secure those rights for daughters and Nursimah, 37 years, a resident in desa Kuala Jeumpa women. Specific survey questions were asked regard- in kecamatan Jeumpa, Bireuen district, has three chil- ing women’s inherited assets and how those assets were dren aged between 9 and 16 years. Ever since her treated (or viewed) within the household. Evidence in- marriage, her husband usually spends 4 months an- dicates that women do want formal registration of their nually fishing in the high seas and another 3 months working at processing units in neighboring Medan. inherited landholdings. The field survey examined the As a result, Nursimah is left with the burden of caring underlying reasons. for her children and extended family most of the time. In the beginning, she knitted fish nets for her family Most women respondents claimed that they had re- but later found that it could earn her some income. ceived a property share from their parents as inheritance She said, “With the formal land certificate, I was able (immovable property, jewelery, or occasionally cash). to apply for a bank loan on my own and build this fish net knitting place. Today, everything changes so Nearly 70 percent received land of varying sizes. Such fast in our society and we can no longer depend on transfers to women were known to everyone in the vil- family-guaranteed to hold the land. I think the formal lage, and in the case of large households, the geuchik may registration is strengthening the family traditions by have issued a certificate (or letter similar to the SSK) providing more ways to access additional economic to the woman beneficiary with the knowledge of local sources for our livelihood.” She continued and said leaders. Data showed that about 20 percent of the land that she had secured a loan of IDR 10 million from the local commercial bank mortgaging her land cer- parcels registered in the name of women were inherited tificate and hoped to use that money to raise cattle assets (see Figures A.2 and A.3). and livestock at her home and narrated her experi- ences. “Earlier, I could use my land holding only in The research revealed that men respondents were gener- one way i.e., just cultivate or keep it idle. With land ally supportive of registering inherited matrilocal assets registration, I have more opportunities. I hope to earn in the name of their wives. However, there were occa- some additional income and with that money help my family. With some extra money on hand, probably, I could send my daughter to college in Lhok Seumawe land rights, letters of land sale and inheritance-related land or Banda Aceh.” Women like Nursimah illustrate the subdivisions. These records are often incomplete and poorly indexed. There is relatively little coordination with sub-district offices and most common coping strategies in life with respect BPN in relation to record-keeping. As with sub-district offices, it is to generational change and resisting male and family recommended that greater assistance be provided for record-keeping migration trends. in relation to land in geuchik offices.” PIBA research indicates that these recommendations may be valid, but this may not be feasible in the short to medium term and may require major investments. It was not clear if Oxfam would provide the funds required. sional weaknesses in the system too. For example, the 133. Also refer to earlier discussions on adat pandulan, customary practices on the distribution of inheritance property among women. revalidation survey of July to August 2009 found that Refer to E. Harper. in some instances, inherited land belonging to a woman 56 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H was registered either as joint property134 or in the name sufficient income to support themselves and their fam- of the husband as head of the household.135 To corrobo- ilies. Once that possibility is shown, as demonstrated rate the results of the revalidation survey, a random sam- by events soon after the disaster, an increasing num- pling of the individual interviews and FGDs was con- ber of women will claim their property rights formally. ducted. It was found that in a small number of cases, the Cultural and social factors are not necessarily uniform inherited land parcel belonging to the woman was reg- across a project area, and may have differing implica- istered either as joint property (0.4 percent of randomly tions depending on whether the household is headed sampled cases) or in the name of husband, as head of the by the man or the woman. Norms related to lineage, household (0.3 percent of cases studied). In addition, marriage practices, inheritance, and property rights are close to 12 percent of the land parcels registered in the all critical variables. Although these changes may not names of the men were acquired during marriage and represent the majority of women in Aceh, even minor could have been titled as joint property. Although these shifts of this nature influence the transition from tra- cases may represent a small minority, they reveal that dition to modernity, seeking to form a bridge between women recognize the importance of more secure rights customary practices and requirements in contemporary to land and take the initiative to secure them when the everyday life. opportunity arises. When such instances were pointed out, there was passive response from women partici- pants at FGDs. When prompted, however, close to two thirds of women participants stated that they were not 5.3 attitudes toward Women’s informed of the advantages and benefits of joint titling and that they would have considered joint titling if that Land ownership rights over option was known to them earlier.136 With further prob- ing, geuchiks in those villages acknowledged that a bet- inherited assets ter socialization program would have prevented errors To ascertain the attitudes of men and women about the in registration and produced a higher number of joint value of women’s ownership, respondents were asked titles. the question: “Do women actually own the land they inherit?” Most women (close to 80 percent) stated af- It is obvious that the welfare of a number of rural fami- firmatively, but clarified that their formal ownership of lies depends on facilitating the ability of women to earn land was “decided with men.” When questioned fur- ther, the respondents indicated some sort of a household 134. This was the case in 4 of the total of 923 samples studied. consensus before submitting documents supporting the 135. This was found in 3 of the total of 923 samples studied. registration of land parcels. When further probed, this 136. “In Acehnese culture, husbands are allowed to take care of “decision” with men appeared to differ according to the administrative matters including preparing deeds and the process does not demand the presence of woman. In many cases, I have noticed that a couple would walk into my office to prepare a Figure 5.3 deed but after a visit or two only the husband will visit alone and coordinate with me. He would submit a document from the geuchik or wife concerning the land history, or convey preferences of name Should inherited land be registered in a woman's on which the asset should be registered. If I have doubts, I always name? demanded more information before preparing a deed. This way, I make sure that the documentation is clean,” said Erlina, a PPAT 0% Female No 0% Male in Banda Aceh. Aminuddin, a tuha peut in Aceh Selatan, gave another reason. He said, “In Acehnese families, we consciously No strong opinion or 37% avoid conflict within a family. This is done by emphasizing our indifferent 62% ethnic and religious traditions and values. This is the reason women 63% try not to freely publicize their family differences. Because of Yes 38% this, when confronted with a dispute, most women tend to rely on adat practices and Shariah courts rather than formal courts as the 0% 20% 40% 60% 80% primary sources of support for resolving family issues, including Sample size = 393 (men 166, women 227) those related to inheritance.” S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 57 method of acquisition of land areas, for example, docu- mentation of existing rights or inherited or purchased Box 5.3 land. Almost all of the existing rights or inherited as- Women’s Attitude toward Potential sets were registered “as it was,” and purchased land areas Intrahousehold Conflicts During discussions, women were asked a hypothetical were registered based on consensus between the cou- question in order to explore women’s attitudes through ples. Most women preferred to “honor” their spouses situations of potential intrahousehold conflict. “How and register their assets in the husbands’ name. Such would you react if the husband unilaterally decides to comments pervaded most FGD deliberations. A large sell your land?” The objective was to determine how far proportion of wives hold a clear view as to how they women were willing to go to assert themselves, express should serve as role models for their daughters in build- their opinion, and, especially, to protect themselves if their preferences were overlooked. Nearly three fourths ing a family. Parental expectations and encouragement of the women stated that they would actively resist if are obviously strong in local communities and among their spouse unilaterally decided to sell the land. At the women in particular.137 FGDs, participants described this reaction in several ways. Responses generally varied according to women’s The field researchers asked the respondents: “In the case level of education; whether they live as part of the ex- of inherited land, should it be registered in the women’s tended family environment or outside of it; whether or not they earn an income; and whether or not they name?” Almost 38 percent of the male respondents said have a proper record of land history. In addition, most “yes” and affirmed that a woman should be allowed to reg- women stated that they would find it easy to dissuade ister land in her own name and be entitled to ownership their husbands from selling off the land, but it would be rights, while a slightly larger number (42 percent) said they more difficult to dissuade other male relatives. Ria Fitri had no strong opinion (Figure 5.3). Among women, nearly said, “For Acehnese women, it is culturally easier to resist two thirds stated that a woman should be allowed to reg- and reason with their husbands, but they may not enjoy similar levels of access and freedom to deal with other ister land in her own name, whereas the remaining women male-relatives. The social codes do not allow women to respondents did not have strong views on land ownership. challenge a male relative in the public sphere.” It is interesting that respondents from all villages said women “own” land whether or not they hold documentary evidence. This indicates that, at a local level, the person we do not see any difference between my husband and named in the land documentation is not necessarily the myself and there is no reason for me doubt him.” On the perceived owner in the community’s eyes. It shows that lo- other hand, woman ownership was most favored among cal and customary forms of recognizing land ownership are women who were engaged in independent economic ac- still trusted. tivities, for example a small food stall or shop.138 Both men and women were of the view that traditionally The survey questionnaire posed another question as ownership of assets is always assumed rather than for- to whether the respondents’ attitude toward women’s malized. This enthusiasm was tempered because women, ownership of land had changed “post-tsunami.” An with an equal level of fervor, reasoned that issues such as overwhelming majority of respondents (approximately who “owns the land” would arise only where there is some 70 percent) stated that given their tsunami (and post- sign of disharmony within the family. In discussions, conflict) experiences, women should be given more there were statements such as “As long as we are married, visible and formal roles in resource ownership. In that sense, a majority noted a significant shift in their opin- 137. For example, Hasna, an FGD participant in Aceh Barat Daya said, “If I demand the titling in my name alone, my husband may feel that I may be preparing for a divorce. There is no reason for me 138. “I do most of the business transactions on my own and cannot to raise such doubts in his mind.” She continued and said, “I also depend on my husband at all times. It is easy for me to own part want to be a role model for my daughters on how to better manage of the assets, maintain a bank account and deal with suppliers and their social and family relationships with the male members.” “This customers. The fact is that my ability to manage land registration is particularly the case in families, where women did not want their only adds to my knowledge and capacity, apart from security of land actions misinterpreted by an insecure husband,” explained a PPAT in tenure,” said Yusriati, a resident in desa Lam Manyang, kecamatan Banda Aceh. Peukan Bada in Aceh Besar, who participated in an FGD. 58 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H ions about women’s ownership rights. When asked to Traditionally, there is no restriction on the remarriage explain this view, both men and women gave similar of widows in Acehnese society and no cultural con- responses. These are listed below, ranked in order of straints against retaining children or family property the frequency of the responses: after remarriage. Practically no institutional barriers ex- ist either against remarriage of widowers. However, the NN To spread risk across the family pressures of public opinion and the mandatory approval NN To obtain better tenure security of remarriage by the paternal family and clan head tend NN To reduce loss of resources for the family to slow such events from occurring too rapidly. The re- NN To empower women members in the household searchers examined why some widows and widowers (to more courageously face challenging situations from tsunami-affected communities quickly remarried, and the probable impact of remarriage on the post-tsu- The reasons clearly indicate a change in the perception nami experiences of women and their access to land and of both men and women toward land ownership. This property rights. A discussion on this subject highlighted study found that men’s knowledge and acceptance of some noteworthy socioeconomic aspects. women’s land rights became more pronounced after the tsunami disaster.139 This indicates that with modest mo- Of the 23 FGDs conducted, almost every community tivational or awareness programs, further gains could be had at least one couple who had lost a spouse and re- made in enhancing avenues for more equitable gender married after the tsunami. In some communities in relations in land ownership. The focus should be toward Banda Aceh and Calang140 more than 10 couples who the provision of targeted support services for women had lost their spouses remarried immediately after the members in the community and improving the quality tsunami. Among them, a third of the marriages took of information provided. place within a year and most of others took place by the end of the second year. In FGDs, both men and women were separately asked to rate the relative importance of remarriage and family reconstruction in post- key factors that might have influenced their decisions to tsunami aceh and their impact on the property remarry. More than half of the widowers and widows rights of Women rated having a partner for economic support and social companionship as the most important factors in their Large-scale disasters typically trigger adaptive behav- decision to remarry. A smaller number of widowers and ioral changes in society. The tsunami led to discernible widows cited the need to support the young and the adaptations in Acehnese society. Norms and practices old as the primary reason for remarriage. That said, the held before the disaster were set aside to cope with the study found that despite some isolated cases of forced tragedies and trauma that enveloped the people of Aceh. remarriages, family reconstruction in general was seen This was especially evident in the extent and rapidity of as a good example of accelerated social response to the post-tsunami remarriages in Aceh. sudden impact of a natural disaster. In Aceh, women carry the heaviest burden in terms of 139. “Immediately after the tsunami, most women realized that they had no evidence to protect their land. Potential land grabbing family care and are therefore more vulnerable to symp- was a troubling prospect. Most of the time, geuchiks (or adat toms of stress from long-lasting homelessness and dis- leaders) do not maintain written records of their decisions on land allocation. This significantly impeded rapid resolution of land placement. But factors such as intact family status, claims by both men and women.” Based on her field research, Ria community support, and resilience developed through Fitri described that although the tsunami may have evoked more difficult life experiences help women to cope with a responses from women on land ownership, the same problems existed before the tsunami. However, she acknowledged that more disaster and diminish the risk for losing economic as- women tend to seek ownership claims in the formal sense now than sets and preventing long-term isolation and health is- before the tsunami. This is possibly because of increased exposure to local institutions and land related issues now than in the past, and women’s increased interest in securing land tenure,” said an official 140. Names of villages and informants changed to protect their at BPN office in Aceh Timur. identities. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 59 Box 5.4 Reconstruction of Family Life through Postdisaster Remarriages “After the disaster, there was a need not only to reconstruct our economic lives, but also our social environment to overcome large-scale social dislocation of families. In parallel, there was a change in the general attitude of family members and friends towards remarriage, and even subtle encouragement for widowers and widows to remarry and reconstruct their family lives. I myself participated in at least 200 rites of remarriage in 2005-07. From what I have seen, I believe that these remarriages are based predominantly on socio-economic expediencies rather than on sentimental grounds,” said Ilyas, tuha peut member in desa Blang Teumeulek, kecamatan Simpang Mamplam in Bireuen district. Cut Laiyan, a resident in desa Japakeh in Darul Imarah district, Aceh Besar, lost her husband and two children in the tsu- nami. During the relief phase, she lived in a temporary shelter but was eager to move out and resume normal life. Upon returning to her native village in Aceh Besar, she found that her family’s small farm land required significant work to restore its economic viability. She remarried and now the couple farm together. It was a practical solution to the problem at hand. “I had no other resources on hand and even survival became very hard. So, I felt remarriage was a practical way of relieving sorrow, reconstructing family life, and overcoming instability in economic conditions,” she said. Zubaidah (called Kak Dah), currently living in Banda Aceh town, encountered similar experiences. However, in her case, remarriage did not lead to any significant positive gains. The burden to earn more multiplied, and she continued to work as a domestic to supplement family earnings. There was also the growing family size post-remarriage and the complex- ity of managing the reconstructed family. “There was no way we could have survived with my husband’s income alone. Therefore, I preferred to work and earn some money to meet our needs. On the social front, I had to learn more skills in balancing differences in family values and attitudes and that was not easy. But with time, we were able to overcome those difficulties,” Kak Dah said. Deliberations at the FGDs illustrated difficulties in the relationship between step-children and step-parents. sues. These factors emphasize the importance of learn- a greater part. Ongoing obligations were in place on the ing from post-tsunami socioeconomic processes that part of both women and men who got remarried toward bear practical implications for improving recovery and their children. Obviously remarriages immediately el- reconstruction programs and for protecting women’s in- evated the social status of women, with their dual roles heritance and property rights. (as widowed mother and new bride) readily accepted and providing a secure environment for women to pro- tect their assets. did Women Lose their pre-tsunami Landholdings as a result of remarriages? Although the communities encouraged widowers and widows to get remarried after the tsunami, there were 5.4 the role of extended families apprehensions over women’s continued access and rights over their pre-remarriage assets. Only in rare instances The literature is growing on the role of extended fami- did women lose their pre-tsunami assets as a result of re- lies in postdisaster situations. In general, the extended marriage. First of all, this study found that despite ini- family functions as an emotional support network dur- tial reservations—and even some subtle intimidation by ing lifecycle events such as birth, marriage, and death or in-laws—most women were able to defend their rights family crises. It often functions as an economic support to property by invoking traditional practices. In some network by providing loans during periods requiring ex- cases, children stayed back with the in-laws to support ceptional personal expenses and in some cases, business or to be supported by grandparents, and women allowed investments. The extended family also functions as a so- a share of the property to be maintained by in-laws as cial control mechanism that approves or disapproves a guardians. Certainly tradition played a part in finding person’s social behavior. Understanding the extent and such a balance. Common sense among families played characteristics of risk-sharing within the extended fam- 60 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H ily is important for assessing the role of kinship ties and the intense trauma from the tsunami and the need to gender relations within the household. It is also useful cope with other difficult living conditions. for proper modeling of support in gendering policies. Field research identified and assessed the factors that Although nearly half of the households in Aceh are ex- had impeded women’s access to land and ownership tended family units (or families living within a single rights within an extended family environment. This housing unit with different cooking and other arrange- study found that the protective or security functions ments), the larger extended family continues to play an of the family (especially the extended family) took on important social role, in every sense, in the lives of most heightened importance during disasters and provided individuals, particularly women.141 Many Acehnese con- important contributions to the psychological well-being sider parents and siblings of their parents to be part of the of families. Most families had relocated to stay with extended family, although they may not live with them family or friends and planned to eventually return to per se. In post-tsunami Aceh, the extended family played their original home. In fact, the desire to return to their a critical role, particularly in supporting families and old location was a recurrent theme in every discussion. women during the process of recovering and claiming ac- Data indicated a very high incidence of kin-based aid in cess to lost resources. The need to find new housing and the recovery process (close to 57 percent of the respon- relocate outside their old neighborhood compounded the dents reported having received such aid). challenges of readjustment and recovery for affected fam- ilies. The tsunami prompted such families to utilize ex- The other issue confronted by some women relates to trafamilial linkages to augment their recovery capacities. their personal life. Several men and women lost their spouses in the tsunami. Some of them are reportedly The role of the family as a unit in post-tsunami reha- remarried now. Some women remarried within a year bilitation came up for discussion in every interview and after the disaster, and others did not. Such remarriages FGD, and the discourse generally clustered around two triggered a new set of psychosocial issues, in addition themes: family behavior immediately after the disaster to those related to pre-tsunami property rights. Of 237 and emergency phase and variations in family relief and women interviewed, at least 12 cited having heard of recovery needs (partly based on their demographic char- such issues from their siblings, family members, or acteristics). The field research found that women have neighbors. had a more difficult time than men in readjusting their roles during the emergency phase, for varying reasons. At least one third of women who lost their loved ones Data gathered suggest that one key issue confronted by claimed that they needed counseling and psychological women relates to problems linked to overcrowded reset- support rather than immediate remarriage. They also tlement camps and recovery sites. In addition, whereas talked about how remarriages caused a new set of issues men were comfortable in public spaces outside the resi- when inheritance and guardianship cases came up. It dence, women were not accustomed to living in pub- was apparent that no one was really prepared for that in lic spaces. Inadequate space was available for privacy as well. FGDs in fisher-folk communities and participants shelter. The shelter was poorly lit and equipped. Many women like who lived along coastal villages appeared to have been myself were forced to live in this place for lack of better options.” “To better adjusted than others to the demands of living in rebuild our lives, we had to be mobile, engage in public meetings and activities to get assistance, and at the same time protect our dignity temporary shelters. Camp life was new to most women as women. This was not easy to explain to men who usually managed and readjustment was not easy.142 This can be linked to the distribution outlets,” said a woman who lived at a temporary shelter for nine months. She continued and said, “At the shelter, the supply items were basic. All those days, it was my family, though in similar situation, which cared for my children and me. Several days, 141. However, in recent times more and more families are my brother would bring me additional food from somewhere so that beginning to form nuclear style units. my kids were fed.” Rosita, an official at the Women’s Empowerment 142. Marnidhar, a woman in her mid-30s, in desa Suak Nie, Bureau’s office in Blang Padang, Aceh Barat Daya concurred and kecamatan Johan Pahlawan in Aceh Barat district, said, “I do not added that she had heard similar stories from women living in the know how I survived the four months I spent in the temporary western coastal districts. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 61 a chaotic postdisaster environment. Although families 2004 provide an opportunity for unscrupulous family may have pushed a woman to remarry soon, they were members to deprive women of their rights. Women’s not as enthusiastic or generous when inheritance of pre- adat or matrilineal assets are particularly at risk from tsunami assets required resolution. this type of abuse because of the lack of documentary evidence for these holdings. Acehnese women are sub- Although most of the people within a community were ject to cultural norms and traditions that are different similarly affected, rendering them all in need of the from those followed by men. In many cases, women same types of assistance and incapable of exchanging hesitate to seek assistance when wronged by a male fam- any resources, the majority stated that they relied on ily member. extended families outside the affected areas for tempo- rary residence and to overcome immediate shocks. This Was there denial of claim for Guardianship study also noted that the extended family is a double- rights? edged sword and that extended families were not al- ways supportive of the needs of women (or children). Shariah law and adat traditions have established “guard- Reports were given in every discussion that male mem- ianships” for the specific purpose of protecting vulner- bers of the family had attempted to appropriate related able individuals (called “wards”) whose rights would be entitlements. secured by a guardian (wali). A guardianship is particu- larly appropriate for people who are unable to care for Were there instances of denial of Women’s their assets and needs, including minors and invalids. The field survey asked the informants who should be entitlements by extended families? responsible for the minors and whether all the guard- Nearly all of the informants responded negatively ianship applications were resolved in an appropriate when asked (both individually and in FGDs): “Did any manner. (Figure 5.4; see Figures A.4 and A.5) This was male member of your family deny your entitlements on followed by a question intended to highlight the issues land?” However, in private conversations, six women confronted. The information gathered is summarized respondents recounted their experiences of property- and analyzed below. grabbing attempts by in-laws. Listening to these sto- ries, it is apparent that women were never denied their The field survey found that at least one third of the rights openly. It is always a subtle process of nudging study villages have at least one inheritance case and and persuading a woman to give up her claims. Some the average occurrence was three cases per village. intimidation was experienced, too, but the women did Most inheritance cases were found in the coastal not talk about this in public. A lack of awareness about communities that were worst hit by the tsunami. the laws that protect women’s rights to land and an in- sufficient understanding of options for legal redress to- Figure 5.4 gether prevent them from claiming their rights. These factors suggest that affirmative action is required to Percep on on responsability for ensuring promote women’s access to land and livelihood, es- inheritance rights of minors pecially single women, widows, and women with dis- abilities. Local governments should be provided with a Religion leader, set of guidelines for disaster situations, specifically to 0.87 prevent denial of women’s entitlements. Taken together, it can be said that the attitudes and ac- Families, 0.13 tions of male family members have a profound impact on women’s ability to access their property entitlements. Times of confusion and crisis such as the tsunami in 62 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Several women respondents reported that during the Among families, there was an expectation that the field recovery phase (up to 9 months immediately after the teams would resolve the guardianship issues, when it disaster struck), they sent their surviving children to was not their responsibility. This misperception cre- stay with relatives or at the masjid madrasah to enable ated some confusion in the beginning. Once the Shariah the women to focus on rebuilding their homes and re- judges visited a village and clarified the procedures, establishing their livelihoods. From a legal and social families were prepared to wait. This study found that perspective, the nature and character of each guard- such visits had enhanced families’ confidence on their ianship case varied. Nearly half of the inheritance ap- landholdings and they understood the process to be fair. plications were reportedly filed by women seeking to This way the government was able to coordinate effec- be declared as guardians, and the rest were filed by a tively with the Shariah courts and families who had ap- male of the surviving family (mostly paternal or ma- plied for guardianship rights. ternal uncles) as walis. Fieldwork revealed lapses in protecting the rights of the minor children and women. Anecdotal evidence sug- Guardianship and Land registration gests that the procedures created for ensuring guardian- ship rights were not working in the frontlines. Nearly Under the land registration programs, the procedures half of the informants asserted that there is no track re- were clear and the field teams were instructed to im- cord of Shariah courts or local leaders handling such a mediately record unresolved (or pending) guardianship large number of cases and that several cases were com- applications and to report these to local authorities and plicated. Numerous questions were raised about the district Shariah courts. Thereafter, titling teams waited reliability of the claims. At some point, especially in for a formal decision before adjudicating the particu- dealing with complicated cases, the judges should have lar land parcel. In areas where systematic titling was spoken face-to-face with the minors and the guardian pursued, guardianship cases were detected by the ad- judication teams and referred to local leaders for resolution. The Indonesian government’s titling program database indicates that after the tsunami, nearly 2,000 cases of inheritance were referred to Shariah courts for resolution before title certificates were issued to the con- cerned walis. However, there is no in- formation available on the actual status of the cases—how cases were resolved and how many are still pending before the courts. Local leaders, Shariah court judges, and officials acknowledged that although the systematic titling program may not have covered or followed up in all the villages, it was at least able to de- tect and signal the issues to government institutions in areas where the program was undertaken. The field surveys show that had such a program not been avail- 44 able, there would have probably been a higher number of minors and women Photo 5.1: Brochures produced and distributed by the RALAS field team on searching desperately for a solution. guardianship. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 63 Box 5.5 Raising Concerns on the outreach and Capacity of the Shariah Courts In recent times, the Shariah institutions confronted questions not only about their reputation and image, but also about their capacity to implement Islamic principles in a fair and transparent manner. This is beginning to have an impact on Shariah courts as well. Nurhasdiana, Director of a local NGO, Sri Ratu, said, “Although in recent months, more and more families are approaching Shariah courts for resolving land disputes and guardianship cases, it does not mean that the judges and officials, imeum mukims and others are knowledgeable or that this trend would continue. Families are realizing that there are other opportunities to resolve an issue and that they need not depend on Shariah courts alone. In most in- stances, we have noticed that only the poorer families approach Shariah courts and those who could afford seem to prefer secular institutions to resolve an issue. In addition, the weak knowledge of the Shariah judges is also known to families. There is a significant gap in their grasp of the issues and that remains to be filled in.” There were serious criticisms within the Shariah institutions too. A judge for Banda Aceh’s Mahkamah Shariah (Shariah court), requesting anonymity, was forthright in her criticism of the work of the Shariah institutions and to some extent the court after the tsunami disaster. She observed that many of the cases at the family court were brought by women citing domestic violence, inheritance cases, or economic problems. “I have to say that there were violence-ridden marriages after the tsunami. However, the Shariah courts did not respond in a gender sensitive way.” She noted that the disproportionate number of male judges in the Shariah courts also hampered a fair deal for women. She said, “Our male judges did not understand women’s issues. Several men do not pay much attention to women’s position in divorce cases.” Hausmini, an official at the Women’s Empowerment Bureau in Banda Aceh opined that a lack of systematic coordination between Shariah institutions and other local governance apparatus (e.g., Women’s Empowerment Bureau, judicial offi- cials, or BPN) caused a division in women’s collective voices at the ground level. Two Shariah court judges, Masdarwaty and Hj. Hafidhah Ibrahim, in Banda Aceh, agreed that coordination and information dissemination remain critical issues. They sounded hopeful and said, “Many Islamic court judges are also its religious preachers. Because they preach, they have a ready-made audience for their views on Islam and its tenets. One will have to use this and such other opportunities in the most productive manner.” They also pointed out recent efforts to train Shariah judges, both by national and local institutions to enhance their capacities. claimants. This did not happen all the time. As a result ing. Informants averred that Shariah courts lacked such of the lack of socialization, there was no real opportu- skills and capacities. nity for women to understand the process and react to it when they applied to be the wali.143 Almost all of the respondents believe that the legal obli- gations of the wali and beneficiary are defined in Shariah NGOs and observers disclosed that there was no base- law, and this was seen as completely sensible and neces- line survey immediately after the tsunami to identify and sary. Respondents were also aware that according to the support children (or vulnerable women) at risk. Scant law, minors or vulnerable groups need community assis- interagency arrangement was made to provide oversight tance because their ability to decide is unreliable. They or review the quality of support being provided by the were all aware of the connection between the wali and walis. Scrutiny of safeguards at all levels required an un- the beneficiary as “fiduciary.” On their part, the Shariah derstanding of the existing legal framework, as well as judges acknowledged that their decisions do play an the opportunities provided by aid organizations. Such enormous role in local communities because they are comprehensive knowledge and information was lack- seen as interpreters of family law in dealing with mari- tal issues, divorce and its implications, inheritance, and 143. Elvida, who worked with the local NGO Radio Komunitas child custody rights. During interviews, Shariah offi- Suara Perempuan (RKSP) in Banda Aceh for several years said, “We cials were unable to provide details about the number have seen several cases which were not amicably resolved by the Shariah court or local leaders.” She cited several instances in which of land inheritance and property rights cases resolved by guardianship rights were denied to women. the courts over the last 5 years (see Figure A.7). 64 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Box 5.6 Were There Any Denials of Women’s Guardianship Rights? Mulyadi, Head of the Legal Unit of the Bupati’s office in Aceh Barat, said, “In practice, religious leaders in the village played the key role in determining a guardian for the child. It was true that there was a general tendency among geuchiks to enter a man’s name as guardian largely due to two factors. One, men attended the meetings and discussions; and two, they were immediately available to sign the documents. The situation was different only in case of pro-active women members. Having said that I have not heard of any denial of women’s guardianship rights so far.” Tgk H. Abdullah, imeum masjid in desa Lam Ara in Banda Aceh, acknowledged that, “Some of the cases were too complex for us to handle. In order to speed up the process, we suggested a temporary solution. Unfortunately, several such ad hoc agreements (solutions) turned out to be permanent. But these were not large in number. In my village, we had only one case. In our kecamatan, we had only three such cases where the resolution was a bit mixed.” Erna Heryani, former Director of Land at BRR, recalled that, “Almost all of the guardianship cases were settled before we confirmed who would be beneficiary of the land and house provided. These were local decisions arrived after several meetings within the beneficiary community. Therefore, there was very little chance of depriving women of their guardian- ship rights. When I look back at the results, I have a couple of lessons from that four-year experience. First, the message on guardianship rights with regard to relocation areas could have been better conveyed to the communities and village leaders, particularly to the imeum meunasah and imeum mukims. We should have coordinated with local Ulamas also. The benefits of guardianship in the name of women remained unknown to most people. Second, there were cultural norms with men handling paper work – which is considered as respectful – and as a result most documents were prepared or signed by a male member in the family. In the relocation areas, we came across only rare cases where a woman was intimi- dated or threatened by a male member in her family preventing guardianship rights. Because of the long-drawn process in determining guardianship rights, there were not many disputes that I could say involved ambiguous decisions. If there were such instances, I believe they were largely due to lack of information among families and village leaders and cultural barriers.” Said Mustafa, Assistant to Provincial Governor said, “There is always a delicate balance for the local government to play its dual roles of protecting guardianship rights and respecting and nurturing adat practices and traditions. We should not be taking away family freedom also. I believe that only when the families are too poor or too stressed to manage guardianship rights without assistance and support, should the government step in to facilitate the process. It is in the best interests of women and children, of the community and society itself. Often times, Shariah courts and local religious leaders played a valuable role in several of the issues resolved and hence the direct engagement of the government was very marginal so far.” The NGOs stated that guardians were easy targets for tives from denying the legitimate claims of widows or unscrupulous people within the family or community. daughters. These may have taken the form of implicit Equally unfortunate was the fact that the legal sys- threats of violence by male relatives, counterclaims to tem, having established these processes, frequently fails ensure women claimants could not obtain access to land to supervise how they actually work. Not surprisingly, and property unless remarried (either within the fam- there is a growing perception that with lack of oversight, ily or outside of it), and denying widows their claim to the current system operates to trap the most vulnerable land and property inheritance because the deceased had people. The system ends up supporting unethical of- owned the property independently. ficials and other fiduciaries appointed by the courts to protect minors, many of whom become nothing more Based on the experiences of NGOs (e.g., PUTROe than miscreants. Kande, the Asian Foundation, IDLO, Jaringan Komunitas Masyarakat Adat [JKMA; Network of The field surveys concluded that there were instances of Community of Customs Society], and Sri Ratu), the denial of claims by women as guardians in which vil- study found that: (a) the Shariah court does not have lage leaders were unable or unwilling to prevent rela- the outreach capacity to resolve all of the cases in a S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 65 timely manner; (b) at the village level, the negotiation In several ways, after the tsunami, Shariah law was tact- mechanism was always male-dominated and tended fully used to protect the rights of women and children to support illegitimate claims from male relatives; and in Aceh and tends to be care-giving. One of the key (c) there were instances of village leaders either abus- determinants in Shariah law for allowing divorce relates ing or not properly using their authority and women to children receiving their share of assets or support not receiving information or guidance on guardian- for maintenance. Therefore, it is not easy for divorc- ship arrangements. The media was also found to be ing couples not to consider their children’s rights when largely insensitive to the plight of women and at times they decide to separate. When a couple approaches the oversensationalized issues. No clause exists for pub- imeum or Shariah court for a divorce, one of the key is- lic disclosure on the part of the Shariah court judges sues sorted out before issuing a divorce certificate relates and officials. As well, few opportunities exist for af- to children’s share in the assets. With the declining role fected women to speak out.144 Taken together, it is ob- of Islamic leaders in everyday affairs, it is more impor- vious that the procedures developed for protection of tant for Shariah courts to be proactive and demonstrate guardianship rights were not uniformly implemented. their capabilities and care-giving approach to vulnerable The limitations of locally managed dispute resolution groups such as women and children. Hence, even for mechanisms include lack of oversight, resources, and remarriages, before performing the second nikah (mar- competent personnel. The Shariah courts may be able riage), the imeum masjid generally checks the divorce to remedy some of the cases they come across during details, particularly on asset control and transfers. normal times, but they are not geared to manage post- disaster demands. This situation seems to have resulted in some lapses in protecting guardianship rights. The guardianship arrangements, to be effective, need close 5.5 relevance of adat traditions scrutiny and oversight of the Shariah court officials and other government agencies. and Land rights In the resettlement and relocation areas, a number of Adat in Aceh145 is strongly influenced by Islam, particu- guardianship cases arose. Field surveys found that these larly compared to other parts of Indonesia.146 The un- cases were identified and resolved by the respective written nature of adat traditions and its oral character housing provider, following the systematic titling meth- make it relatively fluid and subject to varying interpreta- odology. The findings of this study suggest that there was widespread delay in resolving guardianship issues 145. The Soeharto regime made an attempt to replace traditional in most relocation and resettlement areas. Some of the adat structures with a standardized village governance structure religious leaders attributed this delay to several factors, by introducing kecamatan (subdistrict) as the formal institution vested with executive powers. Although some adat leaders assumed including finding a proper resolution for competing newly created positions, adat institutions continue. In 1999, the claims within the family and determining the rightful Indonesian Constitution was amended to reverse this move and provide due recognition to adat legal units and their adat rights heir. Some religious leaders seem to have taken an easy (Soesangobeng, 2009, pp.8-10). route and appointed a male member in the family as the 146. In recent years, adat has been further regulated through “guardian.” Field surveys indicate that a majority of the local laws (Qanun). Key developments here include: (a) the camat women respondents were aware of procedures for secur- having the authority to resolve land disputes, strengthen women’s empowerment, and promote Shariah; (b) the mukim headed by an ing guardianship, but it was a male member of the fam- imeum mukim, facilitates the resolution of village level disputes and ily who invariably assumed the responsibility. implements the adat law; (c) the gampong leaders being empowered to promulgate and codify village level rules, guidelines, and adat customs, which are then forwarded to the bupati for endorsement; 144. Elvida and Nurhasdiana of Sri Ratu recalled several instances and (d) the mukim’s decision is final and binding. It is clear that and reasoned that the process adopted for recruiting judges to Aceh’s Islamic legal institutions and customary practices will play a the Shariah courts, in general, was faulty and “many judges have key role in the post-tsunami rehabilitation and recovery process. The weak knowledge and this situation required improvement.” They vast majority of tsunami-related disputes concerning inheritance, also advocated regular training programs for the judges and other guardianship, and access to and ownership of land fell within the officials in upgrading their knowledge and capacities. purview of Mahkamah Shariah. 66 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H tions and applications in different areas. In parallel, the adat remains the favored and default legal recourse, ap- customs associated with adat practices also vary across plicable only informally or where regulations are silent. regions and ethnic groups, although there are common- Some geuchiks manipulate the adat system and allocate alities in some areas in terms of basic tenets. The ap- land areas without any revenue or benefit for the com- plication and strength of adat relied on the knowledge munity.150 These issues highlight the need for harmo- and skills of the tuha peut (village elders) rather than on nized adat guidelines. formal village administration. The practices are easily modified according to people’s need and sense of jus- Variations in adat traditions are found with regard to tice. With the increasing mobility of people and mod- women’s rights to land and property. The field surveys ernization, maintaining and promoting adat processes found that in Pidie district, under adat traditions, fami- and values has become a challenge.147 The assessment lies provide daughter(s) the privilege of inheriting the done by the UNDP in 2006 found that the population house and the house’s yard, and if the parent’s land is of Aceh continues to rely on the adat system for the allo- large enough, then also some portion of the nonresiden- cation and management of social and natural resources. tial property. This privilege is some sort of a balancing act for the parents with respect to their sons and daugh- The district-wise or subregional variations to adat prac- ters. In Aceh Utara, there exist adat traditions in which tices148 are mostly, but not always, subtle. Further, the a widow who lives on her deceased husband’s land is variations have also raised questions regarding the sense entitled to obtain the house and a small part of the hus- of justice and purpose of the adat traditions per se. For band’s land to support her through her life or until she example, a geuchik is empowered, under adat traditions, remarries outside the husband’s family. This is called the to allocate common land for cultivation, by issuing an adat of ujung kafan tradition. Generally, all adat prac- SKK (cultivation rights). This responsibility is variously tices recognize that a wife has the power and authority interpreted and applied across the province. In Bireuen to own, control, and manage her inherited land and be- (refer to experiences in kecamatan Jeunib), the geuchik queath it to the children, independently of her husband, can issue an SKK and the beneficiary has an obligation applying the principle that the house and its yard goes to cultivate the land and share a part of the produce. to the daughter(s). If he or she fails to cultivate the land for 2 continuous years, the land area will revert to the village administra- The FGDs confirmed the growing perception that adat tion. On the other hand, in Aceh Besar district, land landholdings are vulnerable and there is a threat of areas can be held by an individual simply by planting losing one’s asset. At the FGDs in Pidie and Bireuen, certain productive trees (Tanah Man Tua). This typifies women participants underscored the changing demo- that adat practices in Aceh Besar have encouraged ab- graphic patterns (resulting from migration, family com- sentee landlordship.149 It is also possible that in Aceh, position, household economic strategies) and approach of local institutions that govern formal (through the geuchik or camat) and informal (through the adat leaders) 147. Refer to Soesangobeng and Teluambanua.; and UNDP, 2006. access to land. FGD participants in Aceh Singkil and 148. Some analysts have opined that community land rights in Aceh Aceh Timur districts asserted that as many male mem- are similar to hak ulayat (communal rights) followed elsewhere in bers go fishing on the high seas for 2 weeks at a stretch, Indonesia. Recent scholarship revealed that this was a misreading of the existing literature. In reality, community land rights are women must deal personally with formal and informal assigned and governed in Aceh via the geuchik (or the imeum institutions regarding resource-related issues. With re- mukim), who has the right to allocate unused community land, approve the transfer of land, and determine the nature of land use. gard to protecting household’s adat holdings, women Application of these practices is considerably weaker in urban and are more disadvantaged because local leaders could eas- peri-urban areas. In some areas, the system is also weakened as a ily change the interpretations of the traditions to take result of past land conflicts. Deliberations during the FGD held in Aceh Singkil and Aceh over assets. Almost all government staff and local lead- Timur districts, 2009. 149. Personal interview and also refer to IDLO’s internal reports on 150. Staff at NGOs such as JKMA, Sri Ratu, and IDLO concurred this subject. with this view. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 67 ers are men, and there is a need to negotiate with them Figure 5.5 to complete the land registration process. In dealing with male-dominated forums or institutions, women Do you believe that adat tradi ons are likely to decline? are expected to respect traditions and social norms. Don't Know 0.185022026 In this sense, they are subordinate to male leadership 0.15060241 Women within the village context. This situation revealed the 0.303964758 No Men double-edge nature of the adat; that is, on the one hand, 0.313253012 adat traditions are dynamic and community-managed, 0.511013216 Yes whereas on the other hand, its own dynamism can be 0.536144578 misused and end up being disadvantageous to women 0 0.2 0.4 0.6 0.8 1 landholders. A majority of geuchiks and camats sup- ported the women’s views that there may not be a “level playing field.”151 ticipated a gradual decline of adat practices (Figure 5.5). In response to a specific follow-up question, 61 percent Almost two thirds of the study’s informants were of asserted that modernization and new practices will the view that a major problem for rampant inefficient overwhelm adat traditions and practices in the future, use of land is government failure to respect communi- whereas the remaining 39 percent believed that the lack ties when making land concessions and settlements.152 of knowledge and seriousness on the part of geuchiks Most times, the government is seen as taking over cus- and local leaders will push families to move away from tomary land for projects and reducing people’s access to adat (see Figure A.6). This may be the main reason for traditional land areas.153 On land allocation for planta- many families indicating their willingness to seek reg- tions and commercial activities, the FGDs conducted in istration and formal titling of their landholdings as pro- Aceh Timur and Aceh Singkil noted: “The Government tection against competing claims.154 has a poor record in negotiating land acquisition. We all know this is why the road from Banda Aceh town to Officials at the Provincial Women’s Empowerment Calang is still incomplete. The unfinished road causes Bureau and the Shariah court in Banda Aceh (and in significant economic losses.” Aceh Jaya) stated that customary tenure, in its various forms, imparts a certain degree of tenure security by More than half of the respondents (52 percent), both providing a set of well-understood and respected rules men and women, and a majority of the FGD partici- pants, including equal numbers of men and women, an- 154. Seen from the postconflict perspective, the research suggests two possible reasons for declining trust in adat traditions in the province. One is the conflict significantly affected trust in formal institutions in Aceh both because access was difficult and because 151. Kurniawan referred to his fieldwork with Oxfam and IDLO these institutions lacked legitimacy in the eyes of the communities. on the subject and concluded that the variations in the application This lack of trust in formal institutions takes some time to change of adat traditions would have a more negative impact on women and would be a cause for the lower levels of trust that respondents than on men. It is therefore necessary to ensure that women’s reposed in formal institutions. For example, KPDT’s recent MCLE landholdings under adat are secured through priority action. shows lower levels of trust in formal institutions in Aceh compared Refer to field notes on deliberations with Aminullah, geuchik, desa to Maluku and in particular, on the role of the police. The second Gentong Barat, kecamatan Batee in Pidie; Maimun Saleh, geuchik reason is that the limited interaction with formal systems led to at desa Lancang, kecamatan Keumbang Tanjung in Pidie; Sulaiman, increased dependence on village and customary leadership. Village geuchik at desa Matang, kecamatan Gandapura in Bireuen. leaders played an increased role as gatekeepers during the conflict. 152. All families want to benefit from recent increases in the value All community disputes went through them, and the village leader of the land (mainly in the post- tsunami and post-conflict areas), (either official or former GAM member) determined what would and are also keen to secure access to credit, better compensation (in be resolved at the village level and what would be referred upward. case of land acquisition) and better security of tenure. These are not Village leaders were also the main point of contact for formal always guaranteed under the adat traditions,” said Darwis, a geuchik government structures above to reach the community and as such in Suak Puntong in Nagan Raya. were somewhat “squeezed” and sometimes compromised in these roles. This could be one of the reasons for the decreasing trust in 153. For example, refer to discussions at desa Gostel Timur, village institutions. Their influential role during the conflict could kecamatan Singkil Utara, Aceh Singkil district, Khatijah, in not be challenged, and now communities are starting to realize that kecamatan Kembang Tanjong in Pidie and in Nagan Raya. other alternatives are available. 68 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H governing land use and transfer within the community. are owners concerned about registration and However, it was not realistic to ignore the modern for- certification of adat Landholdings? mal titling system. The formal system should be intro- duced after due education of landowners on the benefits Almost all of the landowners and local authorities in- of titling. On the other hand, establishing a modern terviewed expressed the belief that in the long run, property rights system, without legally recognizing in- landholdings will have to be registered and certified by formal rights, may expand the scope for rent-seeking a formal institution to better ensure security of tenure. behavior by outsiders and vested interests. However, some concerns about land registration and certification by a government agency surfaced during Weakening of the fundamental principles of adat and the FGDs. The participants expressed concern about breakdown of the trusteeship ethos are occurring within the extension of government control over land, and in the communities, resulting in general insecurity for particular, the possibility that certification could po- women and families. The tsunami seems to have tested tentially trigger land appropriations by local leaders and the endurance of adat practices. Although these prac- other government entities without adequate compensa- tices have proved valuable in some places in recovering tion for adat land. However, both men and women were land rights, they have also raised some concerns. This aware that irrespective of whether a parcel is registered, study found that to be effective, adat traditions will have the government could appropriate the land for public to be nurtured and adat’s role in modern context under- purposes any time and a certified land parcel would lay stood by all. A general view is held that the government the foundations for higher rates of compensation. will not be able to create a formal land administration system without the support of the informal system ex- In discussions, geuchiks, camats, PPATs and other local isting in the village. All attempts to increase state au- authorities said that the root of the problem is that most thority and power over customary and religious leaders of the existing regulations of the BAL failed to elaborate at the village level have only yielded mixed results so on, and are even contradictory to, local adat principles far. The geuchik is proving to be a weak executive body at and practices.155 With regard to what prevents women the village level and is seen as not being able to protect from seeking registration and certification of their land- the rights of women. After the tsunami, the situation holdings, the principal reason that emerged relates to became even more challenging with the death of many the lack of adequate information on procedures and adat leaders in the disaster. Therefore, it is important processes and the difficulty in securing some required to give due recognition to traditional institutions and documents. Given the procedural complexities, every- to nurture and strengthen adat practices and its lead- one acknowledged that women do tend to be disadvan- ers such as tuha peut and imeum mukim rather than to taged when converting adat holdings to registered land. reduce their stature to symbolic persons in a community setting. This view regarding the adat system is supported by the 155. A camat participant in an FGD in Pidie, requesting anonymity, fact that more than half of the informants acknowledged said, “The modern land registration system should educate owners about how registration can create risks and insecurities as family that there is a weakening of the fundamental principles members or (peripheral) claimants jockey to see in whose name a of adat and a breakdown of the trusteeship ethos within parcel will be registered. For many people, therefore, registration the communities. Taken together, it may be useful for can increase rather than reduce uncertainty and conflict over land rights. On the other hand, uncertainty induced by rent-seeking policy purposes to assess and register access to adat land behavior in recent times (heightened during the conflict and post- to prevent anxiety among the communities. For this to tsunami periods) have created a demand for formalization of land ownership, as families increasingly find it difficult to withstand happen, the formal system will have to prime itself to pressure from outside forces. Hence, land registration and meet the challenges. certification has become more valuable these days.” 69 Section 6 f o r m a L i n S t i t u t i o n S a n d L a n d oWnerSHip in aceH 6.1 Gender relations and Land widely varying degrees of power. Community dynam- ics lead to constant negotiations of different kinds over issues at the community Level156 the outcomes of women’s access to new forms of land W rights and ownership. In securing land rights and evi- ithin the socioeconomic context explored ear- dence of ownership, women are not only facing govern- lier, this section covers a range of practices that ment agencies and business interests, but also significant define gender roles and shape gender relations differences in interests, perspectives and power within within the family and community through their own communities. Data gathered from the field women’s land ownership rights. The information covered survey and FGDs illustrated a number of factors that property and inheritance rights, the social environment, influenced women’s willingness and ability to seek reg- and attitudes of men and women on the critical aspects istration of the land parcels they owned158. of the subject. The following paragraphs will attempt to summarize the data gathered. This study found that the main source of information for respondents was oral, that is, public meetings, dis- cussions with the village leader, or announcements over loudspeaker at the local mosque (Refer to Table 4.1 Women’s access to Land rights and ownership also). Women were less likely than men to have received Gender relations pose a set of challenges to development information directly from the geuchik and more likely and reconstruction projects that have been recognized to have received information indirectly from a family in a number of research studies on Aceh.157 Studies have member, loudspeaker announcement, or printed mate- documented the remarkable multiplicity of stakeholders rials. During interviews and FGDs, participants were and social actors operating at different levels and with asked as to what type of information they would require 158. It would be pertinent to note here that the current procedures 156. At a broader level, the research work of Dr. Arskal Salim for systematic land registration rely heavily on information flow to on practices of formal and informal dispute resolution on land, prepare the families living in the adjudication areas and ensure their inheritance, and guardianship in post-tsunami Banda Aceh and broad participation in the program. The quality of the information Aceh Besar (2005) is an excellent reference on the issue. This flow and the ability of beneficiaries to understand the materials research illustrated subtle variations in customary practices and presented and retain the knowledge not only affect the quality of the traditions with regard to property and gender relations across two technical process but also educates people about their rights, helps districts in Aceh. to limit dishonest behavior from various stakeholders, and reduces 157. Fitzpatrick; Ani Anistar; RALAS, PIBA. disputes during the process. 70 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H lution of inheritance and other issues in the future. Box 6.1 Access to information was reaffirmed as a critical factor. Are Adat Traditions at the Crossroads? Information flow was the key bottleneck at the commu- The lack of understanding on the part of adat leaders nity level in the land registration system, particularly to regarding their role in dispute resolution came up for discussion during several meetings and interviews dur- guide women to register their holdings. ing the field survey. On the current status and function- ing of adat institutions in Aceh, JKMA officials shared Saputra, former Coordinator of Cord-Aid’s housing their field experiences and cited findings from several program in Lhok Seumawe said, “The primary bot- research reports (UNDP, IDLO, World Bank) to sup- tlenecks may delay the process, but they also offered port their contentions.1 Although the law regulates the sufficient opportunities and time for women to bet- types of cases that adat leaders can deal with (refer to Perda/2000), our experience suggests that beliefs vary ter understand the positive and negative points of the among adat leaders about the scope of their jurisdic- process, which influence their decisions to seek reg- tion, most understanding that they can examine civil istration of their land. If this information and sup- and family cases, land disputes, and sometimes even port is available within the community, most women criminal cases. This situation was further complicated would seek ownership rights without hesitation or by the provisions of formal law. For example, Qanun anxiety.” 159 5/2003 provides that the mukim’s decision is final and binding and Perda 7/2000 requires that disputants at- tempt to resolve their conflict through adat before ap- proaching the formal justice system. This lack of clarity has led many adat leaders to believe that only they can resolve disputes, that their decisions cannot be appealed, 6.2 Land and property rights, and that villagers cannot directly appeal to other judicial mechanisms. This, in fact, contravenes the Constitution formal institutions, and inclusion of Indonesia. The problem is that most adat leaders pos- sess only a minimum understanding of adat traditions, of Gender concerns law, and procedure but remain the primary source of in- formation for the communities. The manner by which Women generally reported personal law issues (mar- land disputes are resolved depends for the most part riage, divorce, and inheritance) as the main source of upon the perspectives of adat leaders themselves and legal grievance for which they would seek support from agreements that landowners and those inheriting land Shariah courts (Figure 6.1). On land disputes, the field may make between themselves. These factors highlight research revealed that only a handful of cases were re- the need for putting in place standard procedures, bud- ferred to government institutions such as BPN, Shariah get allocations, responsibilities, and resources for the vil- lage government, in coordination with mukims and adat courts, or the judiciary. It is to be noted that most dis- committees, to perform in a transparent manner. putes referred to BPN relate to already registered land parcels. This was more so in villages seriously affected Source: Interviews with JKMA officials in Banda Aceh. by the disaster and where occasionally both adat and formal dispute proceedings were pursued in parallel to 1. Amerullah at JKMA summarized the field experiences facilitate titling and housing programs. The systematic as follows, “The transition from informal to formal system of land administration is not going to be an easy one. Even titling process in some ways served as a dispute resolu- today, tuha peut continues to be sought on all matters. To be tion mechanism by clarifying ownership and security of successful, the modern administration has to develop space tenure. for strengthening the participation of traditional governance structures and processes.” All families were aware that if the specific land issue is part of a wider inheritance or guardianship dispute, the mat- to understand the importance of land titling, Responses covered the following: (a) types of land parcels eligible 159. Refer to FGD deliberations in Kuala Meuraxsa, kecamatan for registration; (b)  information on registering future Blang Mangat, Kota Lhok Seumawe, and desa Meunasah Sago, land transactions and payment of taxes; and (c)  reso- kecamatan Seunoddon, Aceh Utara. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 71 Figure 6.1 end, everyone expressed satisfaction with the outcome. Additionally, it is important to note that the Supreme Court regulations have pro- vided for mandatory mediation but through Supreme Court–annexed mediation bodies (overseen by judges). Local regulations in Aceh, including the Qanun provide for compulsory mediation through adat bodies before referral to the courts, but it is unclear the extent to which the courts in Aceh follow these provisions. Shariah courts did not maintain cumulative data on guardianship and inheritance cases registered and resolved since the tsunami disaster. The BPN provincial office maintains a database of ter falls within the purview of the Mahkamah Shariah,160 registered cases. However, no gender-specific data were irrespective of whether the particular parcel is inherited available for analysis. A quick examination of the data set or owned as adat or hak milik holding. A Shariah judge, for 2005 revealed that there were a total of 197 guardian- Masdarwaty in Banda Aceh, quoted a proverb “Hukom ship cases and 697 disputes handled by the courts, of a ngon adat han jeut cre` lagee zat ngon sipheuet.” This means sample of 50,000 land parcels surveyed in the affected that law and adat, although not identical, are inseparable. areas of the disaster. Based on this and data sets available The Indonesian saying zat dan sifatnya similarly implies for later years, one could estimate that reported cases on that the law and adat are like a substance and its char- guardianship and inheritance may not be as highly con- acteristics and they cannot be separated. Such values are centrated as previously believed. This finding is consistent deeply embedded within Acehnese society. with other research done in Aceh,162 which found very few inheritance or guardianship disputes requiring reso- The recent enactment of LoGA and amendments to other lution in Shariah courts. legislations has given additional authority to Mahkamah Shariah’s jurisdiction over family, civil, and criminal law To understand the dynamics of the process of change in matters involving Muslims. Given the small number of addressing gender concerns, this gender study gathered tsunami-related land disputes filed at either the state data on the respondents’ understanding of the actions of courts or Mahkamah Shariah, it was apparent that most Shariah courts (and other religious entities) in resolving land disputes were resolved at the desa level under adat land issues and enhancing women’s access to land and practice, with the geuchik or imeum mukim taking a lead land ownership. The results of the cases brought before role. This study found instances of this in several areas these courts were examined. The subject was raised during where not many cases were reported to Shariah courts in the FGDs, and considerable time was spent understand- the subdistricts.161 In these villages, efforts were made ing the role of local mediation measures vis-à-vis Shariah to resolve all of the disputes locally. It took a lot of time courts and other institutions (also refer to the provisions and some families were initially impatient, but in the in Qanun 9/2008 on compulsory mediation through adat before referral to courts). Field interviews and discussions confirmed that Shariah courts were generally useful to in- 160. In discussions, officials and analysts cite Law no. 3/2006 regarding the Amendment Law 7/1989 On Religious Courts states form the public about procedures relating to inheritance that where the subjects are Muslim, ownership disputes concerning and custody. In some areas in which systematic titling or inherited land fall within the jurisdiction of the religious courts. relocation had taken place, informants cited information 161. In desa Cot Masjid, kecamatan Samatiga in Aceh Barat, desa sessions conducted by Shariah courts as part of the mobile Pulo Bubee, Pidie; Hambani, Genting Barat, Batee, Pidie; desa Sawang, kecamatan Samudera, Aceh Utara; and desa Ulee Ribvee Timur, Seunoddon, Aceh Utara. 162. IDLO; Oxfam Series on Aceh; and PIBA. 72 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H advisory activities. However, such information was not university campus in Meulaboh (November 2009) by readily made available to women and this was seen as a Wilayatul Hisbah officers (Shariah police or monitors) key obstacle. This underscores one of the inherent weak- was widely covered in the local press and generated in- nesses of formal institutions in protecting women’s access tense, informal debate on the character and relevance of to land. No regular mechanism existed or resources allo- Shariah laws. Although Shariah courts have very little to cated for regular socialization in the work of the Shariah do directly with Wilayatul Hisbah, they were seen as part court. The other concern raised related to the limita- of the same package of Shariah institutions. Against this tions of locally managed conflict resolution mechanisms somewhat sensitive background, the extent to which the because these are seen as being unable to meaningfully Shariah court is respected by people was discussed and resolve all land-related disputes and lacking oversight the responses are summarized below. and resources. The common thread with land disputes is the battle over control of resources central to livelihood. trusting traditional Leaders Many inheritance and divorce cases also concern control over and access to land resources. The Shariah courts were The traditional institutions and leaders comprise mostly also viewed as the only appeal-type institutions to be ap- the ulamas, imeums, geuchiks and camats in their tradi- proached after local options fail. tional role, adat leaders, and other community-based facilitators. The most significant issue, for the purpose How far do Landholders trust Shariah court of this discussion, is to examine whether the traditional decisions? systems are meeting the needs of women and are sup- portive of women’s land rights. This study found that despite continued reliance on Shariah courts, disaggregated responses to this ques- Women FGDs highlighted that local leaders maintain tion presented a mixed situation and some stated rea- narrow perspectives on issues such as gender and women’s sons related to Shariah institutions in general and not access to land. On the whole, they felt that it was not a the Shariah Courts per se. In 2003, Aceh Province comprehensive and coherent system but rather a set of pro- opened its first Shariah court. Aceh is the only province cesses run by a range of influential individuals. FGD feed- in Indonesia that has instituted the Shariah court sys- back indicates that in the absence of a mandated structure tem, with laws based on Islamic teachings. These laws or agreed norms, important decision-making is left to the cover almost all elements of family life, including obli- discretion of local leaders and religious figures. In addition, gating Muslim women to wear a head scarf ( jilbab). The the field survey results and discussions indicate that the Shariah law covers a wide range of matters from codi- geuchik and village imeum did not always understand the fying behavior during Ramadhan, banning gambling, provisions of Shariah law as they apply to complex inheri- and other immoral activities to family law issues such tance cases. With regard to the functioning of local lead- as settling divorce and inheritance matters. The Shariah ers and committees, nearly 60% of the FGDs—particu- court system in Aceh has been scrutinized by a series larly in the western coastal districts164—claimed that these of negative media headlines over the past few years, committees have well-known procedures and practices but including reports on the by-law that allows stoning as were sometimes unable to effectively prevent male relatives capital punishment for adultery and a local ordinance from denying widows and female-headed households their banning tight-fitting clothes for women in West Aceh. legitimate inheritance entitlements. Those caught breaking the law can be reprimanded and advised on how to dress in the future or face ta’zir This study found that more women respondents (nearly (penalty).163 The alleged rape of a young student at the two thirds) were likely to trust traditional leaders rather than local government officials and the differences were 163. The word ta’zir literally means to bring something to a halt. rather sharp in rural compared to urban areas. Traditional But it can also be translated as “to help, respect, or honor.” Under Shariah law, ta’zir is defined as a sentence or punishment given to those charged with assault. 164. Aceh Jaya, Aceh Barat, Aceh Selatan, and Aceh Barat Daya. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 73 Figure 6.2 and local leaders were drawn into relief and reconstruc- tion projects in which large amounts of money were in- Change in level of trust in local leaders (Geuchik, volved and that some geuchiks and local leaders did re- Tuhapeut, etc.) on land ma ers ceive occasional benefits for the services they provided. 1 This cash income was new to the local leaders. Taking on 0.8 that precedent, some geuchiks now expect money for ser- vices provided (in addition to the salary received from the 0.6 government since 2008). The introduction of cash into the Pre-Tsunami former system of voluntary community service has created 0.4 86% expectations on both sides and resulted in some charges 0.2 of nonperformance or even corruption among the geuchiks Post-Tsunami and local leaders. The respondents cited poor or inconsis- 14% 0 tent quality of work as the perceived reason for the decline in adat and diminished trust on geuchiks and local leaders. leaders were most trusted to resolve local disputes. However, the respondents also noted a decline in people’s In addition, the communities were also seen to have lost trust in geuchiks and camats, particularly post-tsunami its gotong royong (communal affinity) feeling. In the past, (Figure 6.2). To understand this emerging situation, village leaders were elected based on their skills, capaci- the relationship between the trusted sources and gen- ties, and charisma. Currently, most geuchiks and camats are der and trusted sources and village affinity were grouped elected because of their money, power, and political af- and analyzed. Most women respondents qualified their filiation. This change is seen to have produced a number views on geuchiks with statements such as: “There is no of unqualified and incompetent geuchiks and camats. The safeguard against his decisions; the geuchik is not a vol- resulting tussle for self-survival versus gotong royong was unteer, but paid by the government and therefore his obvious in the numerous disputes that came along after loyalty is unclear; his decisions are first discussed with the disaster and the challenges faced by traditional lead- male members in the community before we get to know ership. In addition, although the Majlis Adat Aceh (Aceh of it.” On the other hand, men qualified their views on Customary Council) has legal powers to intervene and re- geuchiks with statements such as, “They do not explain to solve disputes, it has no presence at the community level us the policies, regulations and consequences; they have and its outreach capacity is limited. As a result, village level poor knowledge of the Islamic law; they succumb to pres- mediation, although mandated by the government,166 has sures from local governments or investors.” These state- not progressed as well as it should have. ments highlight the fact that women anticipate geuchik and other local leaders to protect their land rights and Evidence indicates that people may still go to the geu- livelihoods, whereas men were looking at their technical chik for settling an issue. However, they may not stop and administrative capacities. The lack of consistency in there unless satisfied. In contrast, the geuchik’s decision decisions delivered by the geuchiks and local leaders and was deemed in the past to be final and conclusive. These absence of an oversight mechanism have eroded people’s days things are changing fast, and it is too early to say confidence in traditional structures.165 whether people will continue to lose faith in the geuchiks and local and traditional leaders. It may be useful to More than half of the respondents, both women and men, monitor the situation, because it may settle down in the were of the view that after the tsunami, all of the geuchiks 165. Women participants in the FGDs generally asserted that they 166. Regulation No. 1 of 2008 issued by Peraturan Mahkamah do not directly express their opposition to the geuchiks. Yes, we do Agung has mandated that all local disputes should first be referred attend the meetings convened by him, but do not readily agree to to local mediation by village leadership. If the cases cannot be any decision. After the meeting, they seem to talk among ourselves resolved at the village level, they can be referred to courts. The lack and with our family or neighbors. This was not the case before the of knowledge and capacities among geuchiks has recently resulted in tsunami. more cases being filed with Shariah courts. 74 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H next two to three years, and it would be useful to revisit people’s attitude and strategies to address their needs. Box 6.2 Making Adat Relevant Those who expressed confidence in the adat leaders cited “The durability of the adat system was tested by the tsu- nami disaster. I should say that most adat leaders them- the latter’s familiarity with the local conditions, easier ac- selves were victims of the disaster and hence sought cessibility and the highly community-based nature of the assistance from others – a unique situation. Therefore, traditional system. Women living along the coastal villages their capacity to maintain fairness in decision-making showed a sharp inclination toward trusting the panglima was compromised. Second, in the past, their role was laot (adat leader for coastal monitoring) and expressed less limited to local affairs. In the post-disaster situation, confidence in nontraditional leaders. Traditional structures they were seen as competing against the local authori- ties. My view is that adat leaders will re-emerge and are generally seen as simpler and as promoting harmony. their current imperfections will be minimized when On the other hand, the systems were also seen as lacking LoGA comes into full effect. However, I will not be creativity or flexibility and not being able to resolve new able to say with certainty the future role of traditional types of issues. It is hardly surprising that the adat leaders leaders in community affairs,” asserted Said Mustafa, were not really prepared for an emergency situation like the Assistant to the Provincial Governor. He sounded op- post-tsunami conditions in Aceh and that they were over- timistic, but some others did not. Kurniawan said, “It will be difficult to turn back the clock. Also, the end of whelmed with demands during the reconstruction phase. the civil war after three decades, has given an opportu- nity for local governments to function more effectively During the field discussions, most of the women expressed and for people to explore other ways and means to pro- trust in ulamas, in particular senior individuals who have tect their land and property. Adat leaders will have to been trained in the old religious schools. They expressed become more socially and politically sensitive to create reservations about the younger generation of ulamas. The a new role for themselves and remain relevant in the participants in western coastal districts (Aceh Barat, Aceh days to come. This is not an easy task for them. Mean- time, the provincial government has the responsibil- Selatan, Aceh Barat Daya, and Aceh Jaya) were more criti- ity to harmonize all of the current structures, assign cal of the younger generation of religious leaders. They ar- executive mechanisms at the village level and provide gued that these younger religious leaders are less trained standard procedures and resources for their operations. and engage in all types of worldly activities, but impose Unless this is done, there is bound to be overlaps be- strict moral and personal behavior codes for women. tween various layers of the local government, numerous committees.” In sum, the tsunami has brought a new focus on local affairs in Aceh and on the role and responsibilities of the traditional institutions and their leadership. What representatives of local government. These entities are each individual and community experienced post-tsu- not always community-based. nami will continue to shape their perceptions of tradi- tional leaders. And women are quite adept at adapting In discussing the role of Shariah courts, it is important themselves. Women will continue to show some trust in to note the separation between Shariah institutions and local, adat leaders, but will definitely look to modern, Shariah courts per se. Nearly half of the rural respon- elected leaders within the formal systems as well. dents expressed trust in Shariah courts, but perceived it as an institution for appeal when a familial or com- munity mechanism fails to yield results. Many respon- trusting formal institutions167 dents were not aware of the role of local judicial offi- cials in resolving land and other matters. This likely may The formal institutions comprise Shariah courts, state be because only a handful of respondents have had any judicial entities, and authorities such as the camats as engagement with the formal courts thus far. Urban re- 167. As observed earlier in this study, the prolonged civil strife in Aceh strongly influenced local leadership and governance matters because of the limited scope of the study, land issues that may have and some of its impact on land issues has been recorded. However, been triggered by conflict conditions were not investigated in detail. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 75 agencies. This lack of clarity and mix-up in perception Figure 6.3 has resulted in viewing Shariah police, also seen as part Change in level of trust in the formal ins tu ons of Shariah institutions, as a law enforcement force. The (BPN, Judiciary, etc.) on land ma ers respondents reasoned that whenever an institution con- 1 fronts an image risk, it is important to take corrective 0.8 measures immediately. The fact is that the decisions of the Ulama council (the Shariah court) cannot be ap- 0.6 pealed at the provincial level but must be appealed at the 0.4 national level, ensuring some sort of independence from Post-Tsunami local interference. When two ulamas were interviewed Pre-Tsunami 59% 0.2 41% on this issue, they did not agree with what was being done in the name of Shariah. Respondents stated that 0 such views were stronger among ulamas in the eastern coastal districts compared to the western areas. spondents indicated marginally better understanding of the mandate of Shariah courts and seem to maintain In discussing Shariah or the role of religious leaders in mixed views on their competency, with no significant Aceh in the context of gender issues, the field surveys differences between the opinions of men and women. ascertained the position of ulamas in society. They are The research study also found that after the tsunami, considered both as religious and, to an extent, political there has been an increase in families trusting formal leaders. They are at the center of civil society, especially institutions on land matters (Figure 6.3). However, men during times of conflict. In Aceh, the wife of the ulama were more skeptical about the knowledge and capacity is also recognized as a ulama (female). She is responsible of Shariah officials (about 56 percent), whereas women for taking care of her husband’s dayah, managing the were more cautious in their responses, with one third (37 dayah budget, giving suggestions to women who have percent) of them stating so (see Figure A.10). This high- problems, and continuing her husband’s leadership if lights the fact that formal religious institutions such as something happens to him. She teaches Al Qur’an to Shariah continue to play a role in social and community girls and women in the village. In this way, she influ- life in Aceh and are needed to help build a peaceful and ences the thought process among women and also shows prosperous society. that she cares about their welfare. In field surveys, and in several FGDs, the ulama’s wife provided some back- Nearly one third of the women respondents stated that ground explanation about some of the issues related to the Shariah court system is currently confronting an im- Islamic principles, shared particular experiences to clar- age problem. This may be due to the fact that Acehnese ify issues, and served as the main source of information women are the first to suffer the consequences of the for women in several villages. wrong application of Shariah percepts, principles, and Even though there is a fairly high level of trust in laws.168 The essence of Shariah law was to focus on reli- Shariah courts, close to one third of the FGD partici- gious obligations and public order. However, several re- pants expressed concerns suggesting that sooner or later spondents were concerned that the religious police have Shariah courts will face a crisis of public confidence. no police power at all and can only bring about enforce- As mentioned earlier, this may be due in part to some ment when they are supported by civil police officers. of the judgments delivered and fatwas issued by the However, the Shariah police are seen as wielding func- Shariah courts or in their name by other Shariah enti- tions that are generally mandated to law enforcement ties that convey an antiwoman feeling. For example, if the imeum was to declare that the charges against the 168. “One cannot turn a blind eye to abuses that happen sometimes husband should be dropped, a woman has no choice but in the name of Shariah laws,” concedes a senior Shariah official. At the same time, we can do very little about it.” (Name of the to comply. In property sharing, each son receives twice respondents not cited upon their request.) as much as each daughter, in keeping with the Shariah 76 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H law). Recent events have also affected the courts’ pub- Based on these issues, a set of general views on the lic image. The lack of capacity among judges and of- work of Shariah courts could be drawn. First, there is ficials and weak community networks were also cited. an emerging view that the Shariah judges and officials Undoubtedly, if such perceptions are allowed to con- are not always recruited based on their knowledge of tinue, Shariah courts will end up losing people’s trust Islam and Islamic tenets. Secondly, the Shariah court and goodwill. is seen as a passive institution dominated by men, and therefore serious women-related issues (e.g., rape or re- Of note, nearly 29 percent of the respondents (among prisals by the Shariah police) cannot be referred to them. women, 42 percent) cited Shariah institutions’ “reputa- The perception exists, at least among some people, that tion and image problems” as a key reason for its decline Shariah court judges and officials are seen to be moving in trust on land matters (Figure 6.4). When this was closer to fundamentalist elements in Islam. For exam- probed, informants described Islam as a very compas- ple, when women’s NGOs protested against the stoning sionate religion and that the Qur’an has given a special of a woman, they were described as “secular” and in- place and respect for women in all affairs. The male timidated with derogatory banners and posters by some religious leaders have a responsibility to interpret holy students’ associations, presumably groups propped up by teachings. The new regulations such as dress codes im- religious leaders. posed in the name of Shariah are seen as attempts to subdue by women and that hundreds of girls and women In regard to judicial officials, the majority of respon- are deprived of fair and equal access in social spheres dents did not have any direct contact with the formal and influence within their communities. The new inter- courts—only 20 informants spoke about it. The field pretation of the religious texts is causing serious obsta- surveys found that whereas both men and women were cles for women’s progress. The recent rape incident that equally poorly informed about the capabilities and man- involved Shariah police and nonaction by religious lead- date of formal courts, women were found to be less curi- ers is not helping either. It has clearly emerged among ous about the workings of these institutions. During an women respondents that in the past, ulamas presented FGD in Pidie, the women participants reasoned that themselves as men of wisdom and behaved in a mature most land and property issues were based on the inter- fashion. They noted wisdom and maturity is not very pretation of social factors in the community and the common among the younger generation of ulamas. The formal courts would not be able to address them. The younger ulamas will need more training and guidance to formal courts were also seen as a system that could be become good religious leaders, gain acceptance among accessed only by the rich. This study found that the for- the people, interpret religious texts in a positive manner, mal courts are not seen as an option by women. They and ensure its relevance for everyone. feel that approaching courts would lower their social status and standing within the community. Figure 6.4 NGOs and civil society groups are not con- sidered part of formal institutions but are de- Perceived resons why trust is likely to decline in the Shariah scribed as “nonstate actors.” In addition, in the court system on land ma ers reconstruction environment, NGOs played an 0.459893048 Judges not qualified or lack training essential and particular role that may not be 0.560240964 Women seen during normal times. In view of this, only Reported misuse and image 0.417112299 Men general opinions were generated regarding the problem 0.13253012 work of NGOs on postdisaster land issues. 0.122994652 Courts are not pro-ac ve 0.307228916 The women participants in the FGDs were gen- erally appreciative of the work done by NGOs 0 0.2 0.4 0.6 0.8 1 and housing providers, particularly in advocat- Sampling size Men 166, Women 187 ing their access and rights to land and housing S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 77 support. The respondents mentioned information pro- management is limited in reach and capacity. In a for- vided regularly, interactive sessions organized by NGOs, mal sense, though local NGOs play a large role in ad- and availability of women staff to facilitate discussions. vocating gender relations in land and natural resources Respondents in Aceh Besar highlighted the support pro- through informal women’s groups, they play a very lim- vided by Bungong Jeumpa, a local NGO that worked on ited role in land administration programs. inheritance issues, and IDLO and Oxfam, which orga- nized a number of community-based programs using tra- This study found that NGOs, like all other institutions ditional story-telling apa kaoy to disseminate information in Aceh, are now at the crossroads. This is more so in on women’s access to land and property rights. FGD par- the case of geuchiks and Shariah courts. Both of these ticipants in the coastal villages of Aceh Utara and Aceh entities are trying to shed their earlier images and re- Barat described the work of agencies such as Cord-Aid, position themselves to serve the requirements of the Catholic Relief Services, Muslim Aid, and Islamic Relief modern era within the context of adat and Islamic prin- in preparing CLMs in their area. LOGICA (an AusAID ciples. However, it should be kept in mind that tradi- project) provided technical support to hundreds of tsu- tional practices seek to minimize risks and mitigate the nami-affected villages to facilitate the community map- negative impact on women and vulnerable groups; they ping process and prepare community land maps. have also mediated between individual and collective responses to a problem. The solution is to disseminate Field surveys also revealed that local NGOs have re- information to people, through direct, face-to-face con- sponded to the complex conditions with regard to land tact programs. and vulnerability of women and children immediately after disaster and demanded a reinterpretation and re- At the end of the day, formal government institutions reading of the sources of Shariah law in order to initiate and systems are dependent upon traditional authorities comprehensive legal reforms in Aceh. NGOs averred for access to rural society. How far the traditional au- that rereading and reinterpretation of the Qur’an and thorities fit into a modern political system becomes par- Hadith should result in Qanun or provincial regula- ticularly serious at the local level, where these leaders tion supporting equality and justice for both men and exert the most influence on the daily lives of Acehnese women. In pursuing this agenda, NGOs such as Sri and where the contest with government authorities for Ratu, Grassroots Foundation, LBH, and JKMA have all resources and responsibilities is most intense. In the lon- played an influential role in local social processes. Their ger run, one of them will survive simply because people advocacy strategies targeted local governments, and re- accepted their capabilities to protect and nurture them, ligious leaders or ulamas. Local NGOs also developed particularly the most vulnerable groups. partnerships and networks with national and interna- tional NGOs as well as with international organiza- tions. This partnership provided local women activists with opportunities to incorporate international norms of human rights and gender ideas in their efforts to pro- 6.3 Knowledge and role of Local mote higher levels of standards within the legal reforms. officials in Land matters and Having realized that some of the international norms are strongly linked to Western thought and do not cor- Gender concerns respond to the Acehnese adat traditions or Islamic te- nets, some local NGOs argue for a balance that would The local government comprises geuchiks, camats, and kabu- embrace local approaches and enhance women’s access paten-level government entities that are important in both to information and institutions. formal and adat land administration and management systems. In recognition of their roles, they were consulted Post-tsunami, several NGOs participated in prepar- principally as regulators of land administration and man- ing the CLMs to enable families to recover their land. agement in their respective localities. By the nature of their However, the advocacy role of local NGOs in resource unique position in local networks, these officials function 78 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H as intermediaries in land administration. This subsection stage. The situation is even more challenging in the explores the role local governments play in the land sector land sector because there is clear domination by male and their understanding of related gender concerns. members at the institutional and implementation levels. Most government authorities interviewed for this study The geuchik is the most visible formal power structure in a admit that in modern society this imbalance will need community. Therefore, geuchiks are extensively involved in to be corrected.169 many administrative functions, and because of their close proximity, people do not feel cut off from formal govern- The general awareness of geuchiks and, to a large extent, ment structures. On the subject of land, geuchiks allocated camats on women’s rights and gender issues is limited. areas to new families as a basic human requirement and Regulations and guidelines for implementation of laws as an important aspect of economic well-being. They have and policies are often very technical and in many cases mobilized local partnerships with adat committees and have not yet been written from a gender-sensitive per- religious leaders, community groups, and residents to de- spective. As a result, forms for registration of land, for velop safe, secure, and vibrant communities. example, often simply lack the space to indicate the joint registration of both spouses. And officials having In theory, a geuchik has a pool of people to support his to work with these forms often lack any gender aware- work on land. He is assisted by two village advisory ness. Persistent cultural and customary attitudes also bodies: tuha peut (in relation to law and religion) and work against implementation of women’s rights. With tuha lapan (in relation to economy and development). the lack of gender awareness among geuchiks and camats In practice, these advisory bodies often do not exist in dealing with land allocation, inheritance, and dispute any formal sense. The geuchik is also assisted by the vil- settlement, a male bias among these officials will con- lage secretary (sekdes) and imeum (imeum meunasah), who tinue to stand in the way of women’s enjoyment of their help determine heirs, appoint guardians, and consult on rights. Precisely for this reason, inclusion of women in matters of inheritance. local bodies such as adat committees and Shariah courts and as geuchiks and camats is critical. Most geuchiks know the number of landholders in the village. Some of the villages in recently titled areas and All geuchiks, camats, imeum mukims, tuha puets, and in relocation settlements are better informed and hold other local leaders will have to be trained and updated additional data on land and female landholdings. Little on new laws, particularly LoGA and particularly on guidance is available on application of minimum stan- provisions that relate to the management of natural dards and procedures by geuchiks and local entities, even resources. Provisions for furthering women’s partici- on serious land disputes. This study probed informants as pation and protection of their rights are included in to the reasons that would trigger the decline of the role of LoGA, joint titling, and other provisions such as mod- geuchiks. Apart from those stated earlier, it was found that ification in the building code, coastal set-back stan- there were numerous variations in the way public hear- dards, registering resettlement houses, and measures ings were conducted and in the forms of evidence gath- for disaster prevention. These provisions describe land ered by the geuchiks. It appears that they try to resolve administration and management in a broader sense and land disputes relying more on their common sense and as a public good from a governance and development family arbitration. As experience in Aceh shows, such point of view. In addition, there is a need to imple- methods are not easy to implement in a large-scale recon- ment constitutional and legal commitments to achieve struction environment or in the case of land acquisition. There is also a relative lack of training, resources, and fa- 169. In discussions, Said Mustafa, Assistant to Provincial Governor, cilities available to village-level institutions.  Aceh and Mulyadi, Head of Legal Unit at the Bupati Office, Aceh Barat, acknowledged such male-centered biases in government Women’s membership in local government structures is bureaucracy. “We are making all attempts to eliminate this pre- disposition among government officials and reiterated Government’s very limited. Inclusion of women and gender concerns commitment through the LoGA. Hopefully, we will be able to in local development is still evolving and is at a nascent accomplish desired results in the years to come,” Said Mustafa said. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 79 gender equality. Most local authorities lack sufficient other local leaders and institutions regarding what steps information about the composition and functioning they have to take at the village level to guarantee and of land-related regulations, gender components, and implement women’s existing property rights. Such an their respective roles in enforcement. Most of them orientation would have helped them to understand the do not understand the importance of land regulations differences between the past and proposed practices and their effects on women. Although there have been and procedures. A concern exists that most government a number of initiatives to orient local officials such as guidelines are formulated in dry, difficult-to-understand geuchiks or camats on gender issues after the tsunami, language and style and were not disseminated in a user- these have not been well communicated to the lower friendly manner. As a result, it is difficult for village of- levels. These knowledge gaps affect the implementation ficials to understand and implement them. In contrast, of gender guidelines in a timely manner. As a result, many of the kabupaten and provincial-level government women’s land and property rights have remained illu- officials focused on the lack of budget and resources for sory rather than substantive and the majority of women implementing the gender guidelines. have therefore not been able to enjoy these rights. As a start, local officials need further clarity about infor- In summary, most local officials know their everyday mation such as village boundaries, types of land avail- role, but not their role in a disaster situation. Local of- able within their jurisdiction, and village land areas ficials are less prepared for the postdisaster environment that they could potentially allocate to needy families. If and to cope with expectations from communities and these details are available, then one could expect local relief agencies on gender mainstreaming as part of re- leaders to develop ways and means by which gender is- construction projects and programs. In this environ- sues could be addressed within the village and different ment, it is too difficult to introduce and implement new types of demands could be managed. guidelines as part of reconstruction programs without sufficient ground-level support. For example, the de- The general view is that the existing laws, regulations, mand for sorting out land areas required for reconstruc- and guidelines to accomplish gender parity are not be- tion or mainstreaming gender concerns in land-related ing enforced, although the reasons for the same may matters was an unfamiliar subject among the local of- differ substantially. Many of the respondents attributed ficials. Not surprisingly, there were numerous hurdles lack of knowledge (or familiarity) about the regulations and obstacles. In any case, an initiative is now in place and guidelines to kabupaten and provincial-level institu- to highlight gender concerns in postdisaster situations tions not disseminating details to them. and in long-term development. However, continued input and support are needed to make this initiative At least a third of the local authorities said some of the sustainable. regulations were “overly prescriptive.” Examples include resettlement locations for housing in the most affected The key issues and the range of views raised regarding areas and measures to enhance women’s access to land lack of knowledge among geuchiks, camats, or other lo- and resource rights. These were issued by several layers cal officials can be summarized, in order of significance, within the government and also by international orga- as follows: (a)  lack of knowledge and skills (e.g., abil- nizations. Some of these regulations either overlapped ity to clarify adat procedures on land, familiarity with or appear inconsistent. At the village level, communities formal law or Islamic principles, knowledge of women’s were forced to find compromises because of deficiencies land and property rights according to various traditions, in some of the regulations.170 On inheritance issues, a including modern systems, and lack of capacity to un- small minority of local leaders raised similar concerns. derstand technical details required for tenure security); The recent guidelines should have oriented geuchiks and (b) lack of professionalism (e.g., instances of nepotism, unwillingness to reason out a decision made, geuchiks and local leaders finding it difficult to adjudicate land 170. For example, the uncertainties created in desa Seunebek Baro in kecamatan Darul Amin, Aceh Timur, and desa Gunting Barat, disputes involving third parties and seen as moving be- kecamatan Batee in Pidie. yond their jurisdiction, inability to settle complicated 80 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H family disputes but not allowing referral to other mech- public purposes and they were unfamiliar with gender anisms, and geuchiks and local leaders not exhibiting concepts. In turn, women affected by resettlement pro- concern about personal feelings and views); and (c) lack grams may not be properly involved. Local officials also of guidance and orientation (e.g., after the tsunami, the conceded that several geuchiks followed the usual prac- ongoing role and jurisdiction of the work of geuchiks and tice of referring to the family card or other documents other local leaders on land matters was ambiguous, and that commonly name a male as the head of the house- information and data on land were not always updated). hold. This became the determining factor for issuing land and house certificates to beneficiaries. Geuchiks stated that their visible role at the village level is issuing endorsements on land ownership. Other tasks Several other concerns are to be raised about the imple- such as promoting joint titling are minor concerns and mentation of gender policy. These included the extent of not considered by their senior officials as a priority. Some prior consultation on proposed modifications to exist- NGOs, such as IDLO and JKMA, acknowledged this ing regulations, the availability of an independent route situation and were of the view that it is for national and for orientation and oversight, the burden of administra- provincial-level leadership to provide adequate resources tive work, and the coordination of formalities among and oversight support for enforcing gender policies. government institutions. Paradoxically, the geuchiks also Unless this is pursued, geuchiks or camats will not be able complained about the role of camats and kabupaten offi- to fulfill this task and support for continuity and stabil- cials, who they claimed prevented them from being bet- ity cannot be sustained. ter informed about regulations and local development plans. It is fair to say that geuchiks were often the last to An area of concern among women relates to the lack of receive news of issuance of new regulations or modifica- information and support on land acquisition (for recon- tions in the existing ones. No one recognized that geu- struction programs). For example, the task of handling a chiks are the last men in the queue and all responsibili- land acquisition was seen as men’s role in most families. ties for proper implementation stop with them. Several This leaves women out of the information loop and un- orders were issued without ascertaining the geuchiks’ able to play even a nominal role. This study found that views on the future or the economic capacities of our gender issues in projects that require land areas for pub- people. There appear to be major asymmetries of infor- lic purposes remains the most complex and loosely coor- mation between the geuchiks and camats and kabupaten dinated subject in Indonesia and more so in Aceh after and provincial-level officials. the tsunami. For several months now, the recipients of support were clearly defined and agreed upon. The situ- Both geuchiks and camats play a role in formal and adat ation became more complex as land was identified and systems of land administration. In terms of power and secured from the local government and other sources for authority, there were mixed views and tensions about public purposes. Land allocated for the housing project the role of geuchiks and camats on land matters. Field was to be donated by the local government to the re- research found several instances in which camats act- spective owners through an order. This government or- ing in their capacity as a notary had prepared letters ac- der followed usual government procedures and ended up knowledging physical control and customary ownership with more male recipients rather than women or joint of land and received payment for their services. Such holders. Efforts exerted by the officials of BRR, hous- acknowledgement letters have secured better compensa- ing providers, and NGOs to educate and advocate with tion to families whose land parcels were either acquired the local government officials have not yielded any re- by the government or lost. This was not the case for land sults. Several reconstruction projects have been unable parcels acknowledged by the geuchiks. to achieve gender targets. The letter of acknowledgement provided by a camat as Local governments claimed that in most cases, geuchiks part of his duty as a public notary is given higher value are the actual implementers of land acquisition plans for and in most cases results in higher levels of compensa- S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 81 tion. This has been one source of tension between the The majority of respondents thought the composition of geuchik and camat in several subdistricts. Unfortunately, the village government (including adat) and its lack of most of the letters of acknowledgment are prepared in familiarity with state regulations partly contributed to the name of male members of the household as a mat- ineffectiveness in land administration and their work in ter of routine and this has put female heads of house- enhancing women’s access to land and property rights. holds or women members at a disadvantage. Such a They mentioned overrepresentation of some groups (e.g., mechanical approach will be less helpful in securing geuchik in every forum), which could stifle efforts toward gender equality in land ownership. transparency and fairness. Some respondents felt that because geuchiks are part of the community, they cannot The other area of tension relates to the increasing role of always maintain fairness in decisions and are susceptible geuchiks in local governance. FGDs with geuchiks sug- to intrafamily or local dynamics. gested that at least 14 new tasks have been added to their job description over the last two years. Some of the new “As a member of the local community, a geuchik may tasks relate to monitoring a variety of reconstruction proj- have a comparable standard of life but most of them are ects and programs, joint titling, and inclusion of women not rich or economically independent too,” observed in every forum. Although they may understand the spirit Abdul Jalil. “This means all of them will have to en- behind this and wish to do what is required of them, they gage in some supplementary occupation too. Therefore, may lack time and resources to do so.4 This overloading increasing their tasks without adequate support and of the village government was raised even by provincial resources is likely to yield poor results.” In discussions and district officials suggesting inefficiency in the al- conducted as part of this study, staff at JKMA and Sri location of work to the local government and therefore Ratu pointed out that younger geuchiks are more in- shortcomings in the delivery of public services. The need clined toward a project-type approach to their tasks exists to develop standardized performance criteria both and activities, rather than their traditional roles within for geuchik and camat. Whereas most villagers get to ob- the village. This changing perception among the geu- serve the competency of a geuchik, they only occasionally chiks about their role and responsibility, seems to have observe the competency of a camat. Public officials such increased after the tsunami, and more importantly it is as camats are always seen pleading that they have done also beginning to have an impact on families’ trust in all that was possible under the circumstances and leave these leaders and their work. This is an area for further the local geuchik to deal further with the issue. This puts research in defining future tasks within the communi- pressure on the geuchik to deliver. This study concluded ties and in the implementation of LoGA in light of local that there is a need for the government to define the “core traditions and practices. tasks” of geuchiks in addition to the routine administrative duties they are already performing. The expectation exists Geuchik’s future role on Land matters: Between that geuchiks will be able to address all issues, including mainstreaming gender concerns about which they may tradition and modernity171 have little knowledge and familiarity. That is not only an With regard to land matters, this study found that the unrealistic expectation; it is unfair as well. In addition geuchik continues to play a significant role at the village to administrative arrangements, fiscal arrangements are level. This may be partly attributed to the fact that the also a contested area by geuchiks. They feel that camats are three decades of civil conflict did not allow landholders given excessive powers in managing local development in the eastern coastal districts of Aceh to explore other funds. This situation has created excuses for local officials opportunities to obtain tenure security for their hold- to pursue self-interests, which could not be controlled by ings (e.g., creation of a deed or formal registration with higher authorities. 171. Based on discussions with Mulyadi in Bupati office in Aceh One dominant theme among the officials was the lack Barat, Erlina, Ria Fitri, Kurniawan, and also local NGOs Sri Ratu, of adequate resources and weak updates on regulations. JKMA, Grassroots Foundation, and LBH. 82 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H the local land agency). This situation, combined with ment is of the view that geuchik’s role over adat and land adat traditions, resulted in strengthening the role of governance matters should be gradually phased out. geuchiks in the past. However, in recent times, with es- Mustafa, a senior official at the provincial governor’s of- calating economic values and sensitivities, land and re- fice said, “In the context of LoGA and adat functions, source governance structures are affected by factors out- we see the geuchik’s role as a transitional one, moving to- side the control of the village leadership. Hence, village wards harmonization of the adat and state functions.” In heads themselves are not willing to assume additional discussions, deputy governors and senior officials clearly responsibilities. Two-thirds of the geuchiks interviewed stated that the role of geuchiks and camats in the chang- were happy to give up full responsibility on land matters ing scenario should be realistic and meet modern day and play a nominal endorsing role. demands. It is important to acknowledge that in Aceh province, All of the stakeholders involved in land issues—the as elsewhere in Indonesia, the general landholding pat- provincial government, the geuchiks, and the people— tern in a village is rapidly changing. In the past, a geu- agree that the village government is not in a position to chik could manage land matters because most owners manage issues relating to land and natural resources ef- were residents in the locality and were either members ficiently because of (a) fast-changing socioeconomic en- of the extended family or known to him and were un- virons, lack of capabilities, and level of attention needed questionably part of the village. The geuchik could ne- for land governance. Hence, there is a need to identify gotiate within this large circle of neighbors and family and build a new land regulatory mechanism that works members to find an amicable solution. This was seen not from the village to the provincial level and is educated merely as a service but as a traditional role. in all the systems of land governance, including adat, Shariah, and the Indonesian Constitution. Post-tsunami, with the commercialization of land, this situation gradually changed, with some geuchiks receiv- A clear consensus was found among the respondents ing (and some landholders willingly paying) cash for that the current land-related regulations were ineffec- their services. Several landholders also reside outside tive; in particular, concerns were raised regarding the the village or are new to the neighborhood. Geuchiks effectiveness of the regulations and their enforcement find that they are unable to negotiate with such outsid- relative to the power of local officials (e.g., geuchik, ca- ers. In some villages, absentee landlords are involved as mat, or imeum mukim). Regulations were also thought to well.172 As these new categories of landholders are be- be too cumbersome. The majority of local authorities felt ginning to emerge, there will be a declining role for an that they could not carry out the monitoring functions independent patron such as the geuchik if he especially well and therefore could not enforce government regu- continues to emphasis his traditional roles. To retain his lations. Quite interesting, field research found no cases relevance in the new social structure, the geuchik’s role in which complaints to provincial or district authorities as a village-level government functionary interfacing were actually followed through. Clearly, the perception between the formal and informal systems of land gover- of regulation is rooted in the respondents’ understand- nance becomes critically important. ing of land administration and management. This study concluded that the enactment of LoGA, In conclusion, there are certain government functions commencement of the peace process, the post-tsunami that require a local representative to act as a liaison be- recovery and reconstruction work, and the changing so- tween the government and communities. In this re- cioeconomic patterns have all led to declining trust in gard, a geuchik is a logical choice to fill that position. geuchiks on adat matters. Hence, the provincial govern- However, a less principled or power-driven geuchik, as seen in several cases of nontransparent functioning of 172. Refer to discussions on wrong use of SSK instruments issued a geuchik where land acquisition for reconstruction pro- by the geuchiks in Aceh Besar. grams were planned, could seize the opportunity to seek S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 83 Box 6.3 Geuchik: Is He a Community-Based Facilitator or Service Provider Entitled to an Informal Payment? During individual interviews in gampong Miruek Taman (Aceh Besar) and Gampong Jawa (Banda Aceh), it emerged that the villagers had made an extra payment to the geuchik to collect their titles. Roswati, Miruek Taman, said that she paid the geuchik IDR 10,000 to collect her titles because BPN’s base camp was located at Jantho, which is very far from her village. When reminded that the systematic land titling program was gratis (free), she reasoned that she does not mind paying that amount rather than herself going to Jantho and dealing with government personnel. In Gampong Jawa, people entrusted the same tasks to their geuchik for a different reason. Given the unknown procedures and uncertain time schedule for collection of title certificates, they decided to assign that task to the geuchik and made a small payment for his services. The geuchik of Gampong Jawa admitted that several landowners were unwilling to deal with the titling teams and government personnel and assigned the task to him. At the FGD, participants further reasoned that most of them were engaged in occupations such as fishing or vending or were government employees and their work hours did not allow them to travel to the base camps or BPN offices to claim title certificates. Therefore, they preferred to assign the task to the geuchik and paid him for his services. Such instances were numerous. The decision to pay the geuchik seems to have evolved during the titling process itself. Respondents stated that at the initial meetings there was no talk of payment to the geuchik. However, when land was mapped and surveyed, geuchiks were seen as “working” for the family and hence some “tea money” was offered. Soon it became a practice to give him “tea money” to do tasks for the landowners. It was apparent that more women landowners (approximately 70 percent) than men (ap- proximately 30 percent) “outsourced” collection of title certificates to the geuchik. Women respondents at desa Rumpit in Aceh Jaya said, “The task of a geuchik is to protect village land areas and therefore, we feel he would do no harm to us.” However, there were a handful of skeptics who wondered why the titling teams or land offices did not go to the village and distribute the title certificates. They suspected that the geuchiks and titling teams were colluding to earn some “tea money” in the distribution of land certificates. personal benefits. Based on field evidence, one could de- relocation villages). In the absence of a baseline study, duce that this may be happening in some areas, creating it is not possible to produce data to show the direct the unequal relationships in community settings and more impact of the RALAS program on women’s access to so in the case of women’s access to land and resources. In land. However, the study inferred through observations, the long run, if this tendency remains without a coun- FGDs, and discussions with geuchiks and camats in re- tervailing mechanism, communities may turn against location areas and nontitling villages that the level of the tradition of geuchik as the village leader. In terms of awareness about women’s rights to land was low among long-term effectiveness and efficiency, given the com- all the stakeholders (including women, men, and local plexities of customary practices and formal law, it is ob- authorities), with roughly only 20 percent having a clear vious that geuchiks will not be the appropriate institution understanding of the range of land rights and protection to anchor land administration. afforded to women under Indonesian law. When the responses of informants from non-RALAS areas were compared with those of informants from the RALAS area, their (i.e., non-RALAS sites) awareness of joint 6.4 Was there evidence of titling policy was found to be very weak. In most cases, Women dispossessed of their women landholders were not aware of the procedure to register inherited land and obtain land title certificates. Landholdings? Research conducted in 2008 for the PIBA study and The field research covered three different kinds of ar- research for this gender assessment (2009) found that eas: (1)  the RALAS program, (2)  relocation housing women were overwhelmingly asserting their right to be program, and (3)  nontitling areas (non-RALAS, non- included in the land titling process in RALAS villages. 84 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Nearly two thirds of the women respondents in FGDs couples’ land purchased felt that the new land titles offered improved economic after marriage and for opportunities through easier access to credit and en- land jointly held among hanced tenure security. Respondents also held that for- siblings or other family mal titles strengthened and reinforced their claims to members. land held under the adat practices. This indicates that women’s awareness of their rights to land has been sig- Despite some shortcom- Photo 6.1: Women landholders nificantly higher under the RALAS program and em- ings in the implementa- examining cadastral maps powers them to assert these rights despite social, cultural, tion of the program, the produced by the adjudication and familial constraints. impact of information teams, Aceh Utara, 2008. dissemination on recov- As stated earlier in this report, cultural constraints af- ery of land rights after fect women’s willingness and ability to travel outside their the tsunami illustrated clearly that without the low-cost, community or engage in discussions with formal govern- easily accessible program of systematic land registration ment institutions. Researchers found that RALAS repre- provided by RALAS, the vast majority of the RALAS sented one of the few government initiatives to provide a beneficiaries would never have received the official regis- valuable service, virtually at the doorstep of poor women tration and recognition of their landholdings. The result- and tsunami-affected families. Recent data from BPN ing land titles are not only seen as providing secure land indicate that nearly 37 percent of the land title recipients tenure, but also can be a tool to lift families out of poverty were women. More title certificates were issued to women by allowing landholders to use their assets to secure credit in the 2008–09 work program because of the enhanced at reasonable rates in many areas. focus on information dissemination relating to women’s land and property rights and the participatory approach. During field research, it was discovered that immediately By working in the villages directly with the landholders, after the tsunami, with dislocation of households, fam- RALAS was able to overcome some of these constraints. ily control over land weakened and surviving land own- ers were anxious to protect and restore their land rights. The design of the RALAS process included specific mea- Additionally, there were issues such as widows returning sures to protect women’s rights and provide equal access to to their maternal family and seeking allocation of land for economic resources, such as the right of inheritance and the their livelihood. It was feared that women’s rights could be ownership of land and other resources. It also introduced curtailed by de jure direct discrimination. Some disposses- an important innovation to Aceh by advocating the use of sory acts were also reported, including implicit threats of joint land titling, which has been available in other parts violence by male relatives, arguments that female claim- of Indonesia for some years. The RALAS design included ants could not claim land unless they married (or remar- such features as monitoring compliance of joint titling and ried), and arguments that widows could not claim land the maintenance of a database on distribution of titles in because the land had been independently owned by their the name of women (or jointly) and their participation in husband (i.e., it was not marital land). Such concerns were the titling process. These features were intended to pro- particularly high when Shariah law was expected to be ap- mote women’s legal ownership and inheritance and guard- plied without adequate information.173 In our field inter- ianship rights. Further, BPN made clear commitments in providing secure access for women to obtain and use land 173. Fitzpatrick (2006) stated that some village leaders and titles. By the end of 2006, BPN, along with the BRR and religious leaders expressed uncertainty as to the applicable law provincial government, formulated the Joint Land Titling in the following types of cases: (a) rights of female orphans; (b) distinction between joint and independent property; (c) rights of Policy, which was adopted for implementation. The field residual heirs when an entire family had died; (d) relative rights of teams were responsible for explaining the value of the joint daughters and uncles; (e) rights of widows, particularly in relation to the rights of the brothers of the deceased husband; (f) relative rights titling to communities (at the socialization events) and of- of granddaughters and sons; and (g) status of marital property after fering this as an option for registering land jointly held, for divorce when there has been no divorce settlement. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 85 views, at least one third of the geuchiks and imeum meunasah women mostly lose their land rights in private spaces acknowledged uncertainty concerning proper application rather than in the public arena. of Shariah law in complex cases.174 Even though evidence that surfaced later proved that such fears were at times pre- One study hypothesized dispossession of women land- mature, one cannot deny the concerns generated by the in- owners post-tsunami,177 and a second study highlighted heritance and guardianship cases that remained pending the loss of landholdings through the titling process.178 for long periods; however, there were defenses. Field sur- Field research attempted to verify both of these hypoth- veys did not detect any systematic patterns of women being eses. Informants were asked if they had heard of house- deprived of land areas or control over land.175 Many of the holds having lost land because they lacked proper doc- reported cases of intimidation of women landholders could umentation or other reasons. Nearly 75 percent of the not be confirmed. respondents had “rarely or never” heard of such losses. They also had not heard of any women dispossessed of In discussions with the researchers, the local leaders and landholdings post-tsunami or post-titling. Of those who even elders in a community stated that the year 2005 was had heard of such cases, 69 identified geuchiks or govern- full of uncertainties and there were concerns about safety ment officials as the instigators of the land conflict and and security, particularly in the eastern coastal districts, added, “Such abuses were more common just after the because there was no information on the peace agreement tsunami and largely related to land required for the re- signed between the Indonesian government and the sep- construction programs. The delays experienced in sat- aratist movement in August 2005. In this environment, isfactorily resolving inheritance and guardianship cases there were fears of dispossession. The situation began to also generated further concerns on abuses.”179 Such re- stabilize by early 2006, allowing people to sort out their sponses reflect an underlying perception of rent-seeking claims. behavior and corruption in the local administration sys- tem, including land offices, that often emerges in field The majority of women respondents reported being ac- tively involved in land transactions over the past three years, mostly in connection with inheritance or subdi- 177. D. Fitzpatrick and J. Zevenbergen. vision of family assets. Only 7 percent of the women 178. International NGO Forum on Indonesian Development reported selling their holdings for cash. Further, of the (INFID. total number of women interviewed individually, only 179. Land acquisition for public infrastructure projects has been very problematic in post-tsunami Aceh. In donor-funded four reported that when land was transferred through projects, land acquisition is generally the responsibility of the inheritance, a loss of area was observed compared with Provincial Government and district authorities. Two contentious the original land size.176 Further probing revealed that it cases in particular (Ulee Lheue land network in Banda Aceh and Banda Aceh–Calang road) were well publicized. These cases was a family negotiation on subdivisions that resulted in caught the attention of many landowners and other parties in the the loss of land areas. Questioning also revealed that in reconstruction efforts. This situation distorted many families’ views on the land titling program. Reactions included the fear that land these cases women dropped their claims against another areas may be acquired by the government without due compensation family member to maintain domestic peace. Although or a fair process and the issuance of fictitious titles could allow small in number, such cases highlight the fact that influential people to dispossess small landowners of their adat or deed-assigned landholdings. In many cases, the underlying problem was that landowners could not be found because they had died in the tsunami. The land acquisition process was seen by some geuchiks and others local interests as a way of rent-seeking or land-grabbing. After three years of protracted negotiations between various 174. Details on the informants were withheld because of the parties, the government placed compensation funds in the Baitul sensitivity of the issues. Also, refer to PIBA (2008) and discussions Mal (Islamic Treasury Institution) of Banda Aceh. If the owner with informants in Banda Aceh and Aceh Besar. or family of the owner appeared, the Baitul Mal would process the 175. This finding is consistent with data gathered by PIBA (2009) compensation after verifying the claims. Similar issues were raised and relevant except in case of submerged land. in the construction of a road near the city of Meulaboh (Aceh Barat), where land acquisition hurdles prevented land mapping 176. Such losses seemingly occurred as a result of faulty and titling until the resolution of the anxieties and claims of measurement or the women’s lack of knowledge about land surveys. landowners. 86 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Box 6.4 Women’s Efforts in Securing Access to Their Land and Property Rights Jariah Zamil, a resident in desa Suak Nie in kecamatan Johan Pahlawan, Aceh Barat, counterargued, saying, “Many fami- lies eagerly participated in the preparation of CLMs to temporarily secure their land. We were not technicians, and not equipped with technical facilities. As a result, there were measurement errors and these cannot be called a denial of their rights.” When asked for details for further examination, Zamil agreed that there may be instances of families exerting pressure and denying women their rights. “After the tsunami, restoration and protection of landholdings was a concern. Numerous cases of inheritance and land ownership needed clarification,” said Asmanidar, a resident in desa Kuta Blang, kecamatan Samadua, in Aceh Selatan, during the FGD with local leaders. “It was a time when we could not afford to take a backseat and depend on relief sup- port alone. Every woman in our desa worked hard to rebuild our lives. Reconstructing our lives and livelihoods certainly involved some engagement on land issues.” “It was true that village-level uncertainty during relief and recovery phases did lead to claims of potential dispossession of land. In the long-run, we saw very few cases of real deprivation. If anything, what posed the biggest threat to women were internal family conflicts or geuchiks favoring male family members. This type of pervasive discrimination was neither built into the system nor expressly combated in the existing system. If safeguards are not built now, it could be a threat in the long-run,” said Philip Visser. “Among women, the principal fear was that land areas may be acquired by the government without due compensation or fair process. The other fear related to inheritance and guardianship procedures. Although information on those subjects were disseminated, it was not enough. The lack of knowledge among geuchiks on those matters also proved to be a major hurdle. Discussions relating to matters like land acquisition and related issues were most often handled by male members in the family who attended meetings with officials (often lengthy and held outside the community) and liaised with the local au- thorities. This process of external negotiations invariably left female members with no significant follow-up information and dependent on the support of male members in the family,” said Erna Heryani, former Director of Land in BRR. interviews. Systemic loss of land or systemic denial of grabbing and speculative deals, the Indonesian govern- women’s rights were not reported. ment developed a two-pronged strategy: (a) to launch a high-profile public campaign on land issues with sup- port from the World Bank and other stakeholders and did delays caused by restoration of Land parcels (b) CLM. This strategy was further strengthened by the registered and titled before the tsunami trigger Indonesian government decree preventing land trans- Stories of dispossession of Women?180 fers in affected provinces over a specific period. The answer to this question is probably “yes.” Despite this, the process of restoring pre-tsunami land Immediately after the tsunami, the Indonesian govern- rights confronted some major challenges. One particular ment announced that all pre-tsunami rights to land in challenge181 related to the fact that although CLMs (or affected areas would be respected during the process of rehabilitation and reconstruction. Early in January 181. Immediately after the tsunami, some women identified their 2005, to protect the most vulnerable sections of society land parcels and placed temporary placards claiming their rights (surviving heirs and female-head households) from land- to prevent grabbing by others. In some cases, particularly in areas closer to the coast, women landowners included the name of a male family member on the placard in the belief it would enhance security and prevent grabbing or claims from others. However, 180. This situation was found during field surveys of gender study, some independent visitors and NGOs interpreted such placards as PIBA and the World Bank’s monitoring visits in 2008–09: desa men taking over land areas owned by women. Later investigations Panjang Baru (Aceh Barat Daya district), desa Keude Susoh (Aceh revealed these assumptions were not supported by facts. Refer to Barat district); desa Payah Baru and Teupu Ara (kecamatan Teunom, World Bank’s monitoring mission reports (2006–07 and 2008–09) Aceh Jaya district); desa Kuta Padang; and desa Ujong Kalak in Cot Me and Padang Rubek (Kuala) in kabupaten Nagan Raya; (kecamatan Johan Pahlawan, Aceh Barat district).  Seunoddon and Samudera in kota Lhok Seumawe; Susoh and S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 87 settlement plans, in the case of relocation/housing pro- and unclear bureaucracy as a ruse by the government to grams) were produced, there was progress in formally eventually take over their land without due compensa- acknowledging the results of community-based land re- tion. These fears apparently generated stories of land- covery efforts, and in formally registering and certifying owners potentially being dispossessed (or deprived of the land parcels with the government and BPN. This their due rights). However, the interim arrangements delay fueled suspicions regarding the intentions of the and completion of most of the housing programs mini- government and local authorities. This was particularly mized such fears, and by late 2008 the anxieties had true by late 2006 and early 2007, when titling programs receded. In due course, most families realized that their made very little progress and there was no communi- fears were exaggerated. cation from local governments or BPN to communi- ties. Among the respondents interviewed for this study, almost two thirds of landowners interpreted the delay did definition of a “Beneficiary” by aid organizations create uncertainty? Tangan Tangan in Aceh Barat Daya; Lapang Timur (Gandapura), This study found that early during the relief operations, Cot Batee and Cot Unroe (Kuala) in kabupaten Bireuen; Pasi Raja (kota Sigli), Tungkleut (Trieng Gading), Pante Raja, Simpang Toga, most agencies “defined” their target groups, that is, Meureudu and Laweung (Pidie). who would be eligible to receive aid. Unverified reports Box 6.5 Personal and Property Losses and Recovery of Life and Livelihoods Rahma (Samatiga, Aceh Barat) lost her two children when the tsunami struck. She and her husband moved to a nearby temporary shelter, exhausted from searching for their children and realizing that their hopes of their children safely returning home had faded. She said that the villages in kecamatan Samatiga were one of the worst affected settlements and most of pre- tsunami boundary markers (or land marks) were wiped out. Once the water receded, families returned to recover their land parcels. She returned to her village after four weeks. Only the remnants of her house’s foundation remained. “It was a long journey rebuilding our lives and we started with our bare hands,” she said. ”Restoring our land was the only hope we carried.” On returning from the temporary shelter, she located her ancestral land parcel near the coast and placed a temporary placard claiming her ownership over that piece of land. Rahma said that with support from the Autralia-Indonesia Partnership for Reconstruction and Development (AIPRD; Logica) and the BPN teams, families in her village prepared community land maps in late 2005. Her husband, Amani, was aware of titling done under a PRONA-type program 20 years ago in his village (covering not more than 20 parcels out of the current 800) but considered that post-tsunami CLM was more comprehensive and useful for village administration. Systematic land titling was completed in 2007 and the land parcel certified in Rahma’s name. Both Rahma and her husband were aware that the BPN teams left a copy of a land map and parcel list with the new geuchik after completion of the assignment. Amani said that every village needs this type of land details to optimally use and manage the resources and to avoid excess pressure on the geuchik or camat. Now after several years, Rahma’s face shows her relief that she did not lose her ancestral property. She can reside close to her extended family, cultivate her home garden, and raise some vegetables and flowers. She received the title certificate to her matrilineal property, and getting her rights reinforced through a formal institution is a blessing that has emerged from a disaster, she said. She was not alone in expressing such happiness in earnest. At least 70 other women landowners in her village hold a government-certified title for their lands. They see this as a stepping stone toward having all their dreams for a better future come true. “For most women, recovering land rights after the tsunami was an education and they came out not only without losing land areas but also gaining more confidence in themselves,” said Keswanto, an official with YEU-CD Bethesda in Meu- laboh, an NGO that facilitated the preparation of CLMs and education of families on protection of land and resources in Samatiga and other subdistricts in Aceh Barat. Abdul Jalil, head of a local NGO, and Alhamda, an official with a local NGO, Lembaga Bantuan Hukum (LBH) Meulaboh, both agreed and said, “While women were severely affected by the tsunami, they also gained unique opportunities to change their status in society through active participation in the aid distribution process. This is a positive development post-tsunami.” 88 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H arose of families being denied land and housing sup- 6.5 origin and type of Land port. Although questions can be raised against any set of criteria for selecting beneficiaries, it is apparent that disputes post-tsunami the definition of the term “an eligible beneficiary” did create anxiety among the affected population and more Immediately after the disaster, threats to the security so among women who were the sole breadwinners for of individuals remained high and women were seen as the surviving members of the household and who were especially vulnerable. The tsunami disaster triggered a afraid of losing their land or reconstruction support. real threat of the possibility of losing resources. In addi- For those who lost their homes, the housing projects tion, when families began to return to their villages and deemed that a beneficiary would be eligible for a core recover the land parcels they owned before the disaster, unit. Despite detailed damage assessments both by the frequent disputes and counterclaims arose. The situa- government and aid agencies, the definition and scope tion was exacerbated by the loss of legal documents in of the term “beneficiary” assumed bureaucratic features the most affected areas, submersion of land areas along as well. No doubt it ignored the fact that before the di- the coast, and a total breakdown of community arrange- saster, for Acehnese families, a home included not only ments in some areas. There were fears that some people a residential unit but also areas for gardening, a small may might exploit the situation and grab land that had fish pond, and space for daughters who were married but no immediately visible owners or that was not under im- residing with parents. mediate supervision. Many returnees therefore encoun- tered problems reclaiming or accessing their land and One of the key lessons learned from Aceh’s post-tsu- assets that survived the disaster. nami experiences would be not to rush with the tem- plate definition of “beneficiaries” of reconstruction pro- Some of these problems were foreseen, and preventive grams. The rush was partly due to poor understanding measures were taken by the government. For example, of the sociocultural factors and partly because of the bu- the Indonesian government issued an order early in reaucracy that came with the reconstruction programs. 2005 to prevent the transfer or sale of land parcels. The Evidence suggests that there were too many agencies results of this campaign are well-documented in several producing far too many assessment reports and strat- independent reviews and reports.183 These reviews con- egies, which created confusion and an uncertain envi- cluded that the government order, along with a high- ronment. NGOs and other stakeholders attributed this profile publicity campaign launched by the international to men’s visibility in the reconstruction process that re- agencies on protecting land areas, were successful in sulted in entering man’s name in the record from the preventing land-grabbing or speculation by social mis- very start of the process.182 Kuntoro Mangkusubroto, creants. In addition, the local government launched a Head of the former BRR, described a lack of coordi- campaign to establish village land administration com- nation among the aid agencies (refer to media reports mittees and train the local leaders. dated April 19, 2009) and reported impatience on the part of some agencies who were keen to move forward Not surprisingly, in the rural areas, land disputes con- with their reconstruction plans. Such factors could have fronted by women involved both residential and farm contributed toward some initial compromises in pro- land (and often other household assets as well). Nearly gramming. Precisely for such reasons, it is important to 6 in 10 cases were family disputes, and the remainder encourage women’s active participation from the very involved neighbors or village institutions. Field surveys beginning in the recovery and reconstruction activities found that there were joint families or families living and that unified definitions and strategies for recovery within a compound and in several cases, it was not easy and reconstructions programs be put in place. to resolve disputes quickly.184 The situation described by 183. For example, refer to UN-Habitat’s report (2008) on this effort. 182. Also refer to discussions with UN-Habitat, Cartias, 184. For example, refer to the case of Yusnidar, a resident in desa Switzerland, Sri Ratu, Flower Aceh, and LBH. Siblah Coh, Pidie. At the FGD she explained her experiences in S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 89 Box 6.6 More Challenges Confronted in Land Matters “After the disaster, women land holders confronted many types of problems. In some areas, geuchiks issued alternate documents without verification and that led to cases of duplication of ownership. There were some mortgages and liens claimed by commercial banks too. There were counter claims from persons who produced a copy of a deed to claim ownership. Resolving the first type of case required considerable time. However, the second set of cases were mostly due to the destruction of land markers and boundaries. These problems were exacerbated when several subvillages were mixed up in the new maps produced during relief phase. These issues were gradually resolved when communities began to settle down and major tussles did not develop,” said a PPAT in Banda Aceh. Women in both rural and urban areas listed ethnic differences as a distant second reason for being involved in a land dispute. None of the disputes reportedly turned violent. In the case of men, the situation was marginally different. Men were more concerned with reconstruction programs and projects per se, and were keen to secure benefits from all possible means against securing a property or two. The head of the provincial Women’s Empowerment Bureau explained the situation thus: “The tsunami impacted heavily on the coastal villages causing loss of land areas. Affected families were also unable to immediately recover their goods and properties. In the intervening period, many local leaders and unethical elements took advantage of the uncertain conditions and endorsed land documents, mostly relating to women, without sufficient verification. It took at least two years for the situation to calm down and return to normalcy.” Hendrawan Saragi at the Cana- dian Red Cross described the difficulties faced by the reconstruction agencies, “The credibility of the documents produced for support through reconstruction programs and statements made by the claimants were serious issues reported both in the media and known to communities. There were families who claimed multiple houses. There were instances of non-poor households securing benefits intended for the poorer groups in the area. Such instances raised concerns about the credibility of any document submitted.” He continued, “In my observation, urban disputes were more intense and heated than those in rural areas. The town dwellers wanted to find a quick resolution to their problems and recover the land quickly. In the villages, the trauma of tsunami and fear of its return haunted the people and prevented any immediate land related disputes.” both women and men respondents were not significantly values and the lack of strong community-based mecha- different. The main difference was that men tended to nisms to resolve problems, most women preferred a for- highlight family disputes more elaborately than the mal mechanism to resolve the disputes. Most women women. This may sound odd, but women spent consid- living in urban centers hold land parcels that were pur- erable time discussing and clarifying issues in detail, chased and for which they would have created a deed at whereas the men appeared less familiar with such de- some point in time. tails. This may be attributed to cultural aspects, because women tend to accommodate the wishes of joint family The other source of disputes over land was related to members more readily than men. As observed earlier in reconstruction work itself. This study found that early this section, there is always a tendency among women to in the recovery operations, several agencies announced relinquish their rights in an attempt to maintain peace their plans and programs for reconstruction and even within the family rather than challenge established au- identified sites for intervention, without adequate con- thority. This may have prevented women from publicly sultations and macro agreements. This definitely led to elaborating on details out of fear of repercussions. uncertainty and chaos among the communities, with some local actors (e.g., surviving geuchiks or camats, lo- Data gathered revealed that most disputes faced by cal businessmen, or extended family members) exploit- women living in urban centers related to residential land ing the situation. Families were afraid of losing land, and loss of legal documentation. Because of the land and some influential local individuals such as geuchiks and camats were observed taking advantage of the pre- attempting to rapidly resolve a case concerning sharing of a large vailing uncertainty. Once the recovery phase ended and parcel of land family land. normalcy was reestablished, the situation altered. This 90 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H ernment, BPN, the RALAS project, and other stake- Box 6.7 holders agreed to develop a “joint titling policy” so that Importance of Government-Led Coordination land history is clarified, women’s property rights are se- “It needed enormous effort and coordination,” said cured, and future disputes are averted. Kuntoro Mangkusubroto, former Head of BRR, in closing comments on the work of BRR in 2009 (In- donesian government/BRR, 2009; also refer to media reports dated April 16, 2009 on the closure of BRR). On land issues he asserted that the post-tsunami situ- ation underscored the relevance of formal means of 6.6 Gender variations in Land determining land rights both for men and women. Be- disputes cause of social and cultural constraints, the government found that men had more opportunities than women to clarify their land holdings. Through the joint titling Field surveys gathered data on types of land disputes policy and by encouraging information dissemination faced by women landholders, their categories of dis- through the media and local NGOs, such deficiencies putes, and their origin and characteristics. The details were remedied. However, that was not always sufficient are summarized below. and did not help to resolve site-specific disputes con- fronted by women. He said, “Learning from those ex- periences, I assume, these days, more and more women types of Land disputes land owners are keen to register their holdings both in urban and peri-urban areas. With village institutions The field survey revealed that the reported instances of land feeling a bit over-burdened with cases of land disputes, disputes can be classified into three broad types: (a) com- there is a growing tendency among rural land owners to register parcels owned by them whenever an oppor- plaints (e.g., on services delivered such as errors in mea- tunity is provided.” surement or boundaries, or certification errors); (b) griev- ances (e.g., geuchiks wrongly endorsing a parcel of land to (Source: Media reports dated April 19, 2009 on the closure another person); and (c) disputes (contested ownership and of BRR after four years of work in Aceh; also refer to BRR in most instances, these are first referred to the geuchik and Book Series Volume 0 to 12, 2009). later to religious forums, and rarely to formal courts). In general, most informants stated that even during was best illustrated in case of anxieties expressed with normal times, land-related disputes, as summarized respect to denial or dispossessing women of their land earlier, formed a major share of conflicts within their rights in late 2005 and 2006. community or district. In the case of women, the major- ity of land disputes were first referred to the geuchik and This study confirmed that the establishment of BRR adat committee for advice because women invariably led to some coordination among numerous agencies hold adat land. Almost 90 percent of land in the vil- after mid-2005. However, stress induced by uncertain- lages is administered under adat traditions or custom- ties before BRR continued to haunt people, particularly ary practices such as matrilineal inheritance received by women and more so women living in temporary shel- women. As a result, not surprisingly, everyone believes ters, who were forced to move around seeking infor- that land issues could be easily resolved at the village mation and help. NGO representatives and academics level. Data gathered showed that almost two thirds of stated that although men and women may have faced the women and one fifth of the men believe that the similar problems with regard to recovering their land remaining mechanisms for dispute resolution are more rights, the problems were more pronounced and notice- distant (and therefore less desirable) and tend to be able among women, who lacked experience and famil- used only for serious disputes (e.g., which cross village iarity in dealing with land disputes in such demanding boundaries or when resolution attempts fail at the lower conditions and in public places. Recognizing this socio- levels). For third-party external cases, such as disputes cultural context, BRR, along with the provincial gov- between villagers and local business persons, subdistrict S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 91 and district government officials can become involved. guardianship, and (c) mix-ups in land history (records or Appeals against the decisions of adat committees or knowledge of the physical aspects of the area to identify Shariah courts were seen by the families as follow-up and recover lost parcels). All three categories were not un- rather than a new dispute. Although land disputes were common even before the disaster, and there was a post- not unknown to both men and women in Aceh, the na- tsunami increase of cases for each of them. In all of these ture and character of disputes that emerged after the di- categories, the extended family and the role of male rela- saster did raise new issues that even the geuchiks, camats, tives in the household always came up as a cause for con- or local institutions were not prepared to address. cern. About one third of the women respondents reported as major obstacles the difficulties they faced in getting the A disaster of the magnitude of the tsunami creates issues history of their landholdings right. When probed, respon- such as destruction of physical identification points, sub- dents indicated that women, compared to men, always mergence of areas, large-scale dislocation of families, and took for granted the ownership rights for property that be- resurvey of land areas as part of reconstruction programs. longed to their families for many years. It became more All of these were new to everyone in the village, and the challenging when relief agencies asked women, particu- traditional knowledge or familiarity with land issues also larly single women, to produce a document for housing or influenced the situation. These were not issues previously other support, for which they were not certain as to what covered by adat practices or local knowledge. Time was should be presented. It apparently caused women to panic, needed even by the most knowledgeable people in the vil- more so in view of changes that occurred in many families lage, such as the imeum mukim or tuha peut, to mobilize after the tsunami (e.g., remarriages) and uncertainty about their desa tua (local wisdom) in order to move forward.185 the location of the reconstruction projects.186 With regard to the nature of disputes, data gathered in- individual versus Group conflict over Land areas dicated that men and women confronted similar types of disputes over their landholdings: (a) close to two thirds When the reconstruction works commenced, some of of disputes were between family members or neighbor- the village leaders were seen busy negotiating a deal or ing landowners; (b) approximately 15 percent involved two with outside agencies about how to invest recon- the village government, such as boundary disputes be- struction support and who should receive the benefits. tween neighboring villages, incorrect endorsement or Such discussions were often seen as an attempt to garner documentary evidence, or geuchiks not willing to pro- some private income rather than help the community. vide supporting documentation to owners; and (c) about 20 percent involved BPN and adjudication officials and Field research shows that nearly two thirds of the dis- related to performance of the field teams and their abil- putes reported by women were individual issues, and the ity to provide services. remainder involved group (or family) conflicts. Among women landholders, the majority of individual disputes categories of Land disputes confronted by related to inheritance or guardianship-type issues or Women determination of boundaries. On the other hand, most of the group conflicts illustrated lack of trust, partic- Data show that gender-specific disputes confronted by ularly in the surviving village leaders, or the inability women landholders could be categorized into three broad groups: (a)  divorce or marital cases, (b)  inheritance and 186. Nurdhani, a PPAT in Banda Aceh, elaborated those ground conditions and said, “One of the positive lessons most women learned from the tsunami relates to the importance of land history. What was taken for granted in the earlier days became a critical tool 185. Listening to the enormity of the reconstruction demand after to recoup losses. It was not an easy phase but when I meet women the tsunami, Gus Dur, former President of Indonesia was quoted today, they are more aware of their land history. This change came in the media saying, “Do not look for magic solutions. An ocean about precisely due to their post-tsunami experiences.” A similar like Indonesian society can absorb all of these issues,” meaning viewpoint was expressed by respondents like Yuslaini, a resident in Indonesians are very resilient and would bounce back to normalcy. desa Dayah Baro, Meuraxsa, Banda Aceh. 92 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H of leaders to help to amicably resolve issues. All of the Figure 6.5 group conflicts in the rural areas were resolved at the community level and mostly through adat proceedings. Where women seek support to resolve land issues Anecdotal evidence indicated that almost all group con- flicts involved a larger element within the community’s Tradional Village and 0.67 Family Structures own internal dynamics and tended to be interfamily or intrafamily affairs in many ways. It took considerable Formal Government 0.27 time to settle such problems, which affected reconstruc- Ins tu ons tion work and time schedules. In some cases, the sys- NGOs 0.06 tematic titling program speeded up the process. 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 Based on field surveys, it can be concluded that adat pro- ceedings did not trigger a dispossession of women land- holders. However, in coastal and rural areas, because land remains the sole source of nonfishing income for original settlements in late-2005 and 2006. Although many families, especially after the tsunami, the uncer- no verifiable data are readily available, anecdotal evi- tainty over grants from reconstruction programs would dence suggests that the number of property disputes have induced anxiety, because villagers were all eager to apparently increased as large numbers of people left recover whatever survived of their properties. The mis- temporary shelters, returned to their land, and de- match between local leaders’ ambitions and the com- manded confirmation of their rights (and titles in munities’ focus on survival left cases of group conflict some cases). Efforts have been made to understand unresolved for a long time. No doubt, the intervening postdisaster, postconflict insecurity as it relates to period left most women wondering about their future. gender and property rights; however, the experiences of women have not been fully studied. The field re- Field research also shows that most land disputes reported search conducted under this study attempted to fill by men related either to land acquisition for public purposes this gap by asking: “What constitutes security for and payment of compensation or to larger cases involving women in Aceh? What are the threats to their secu- significant parcels of land or number of claimants.187 Such rity?” To understand how men and women respond cases may or may not have included women as a party to to such issues, the field survey gathered data on a set the contest. Despite the fact that men were seen as man- of factors that trigger land disputes and how people aging the “external” issues, active engagement of women sought to resolve them. counterparts was also reported. Meanwhile, women gen- erally reported cases pertaining to inheritance or guardian- In general, mechanisms available for land dispute reso- ship and these were often resolved within the purview of lution are two-fold. On the formal side, judicial courts, local leaders or with help from Shariah courts. Shariah courts, certified camats, the services of PPATs, and BPN’s administrative mechanisms were available. On the informal side, customary and adat institutions (including imeum mukim), religious leaders, and family mechanisms exist. These mechanisms are available in 6.7 options available for Land both rural and urban areas, although access to formal dispute resolution institutions, based in the urban centers, is restricted by distance in the case of rural residents. Post-tsunami Aceh was confronted with a unique challenge when people started returning to their In Indonesia, determining who has the authority to ad- judicate land disputes is not always straightforward. 187. The field surveys have illustrated that men tend to rely less on Broadly, there are two methods by which land disputes local leaders and their advice. are being addressed: (a) resolution through the formal le- S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 93 Box 6.8 Women’s Views on the Work of Geuchiks Ainiyah (45 years) and Nursyiah (35 years) are from desa Matang Pasi in kecamatan Peudada in Bireuen district. The two women traveled to Banda Aceh in February 2010 to participate in a public demonstration that was organized in support of the provincial governor and highlighted the significance of local governance in Aceh. In a discussion with the research- ers during the demonstration, the two women narrated the challenges faced by women in securing access to land and property rights in their village and neighborhood. They underscored the poor support provided by geuchiks in resolving cases referred by women. Ainiyah and Nursyiah claimed that geuchiks turn a blind eye to appeals made by women for restoring their property rights. “A woman in our village was to inherit a fish pond from her deceased husband’s family. The geuchik did not pay sufficient attention to her case and later she approached the district court. Unfortunately, the district court declined to consider her case for lack of documents from the geuchik. In our village, we have a few more cases like that,” Ainiyah said. They asserted that women lack access to legal aid and, as a result, many of their appeals were found unacceptable under law. Other women from Ainiyah’s village supported her view that divorce rates in their village and neighborhood significantly increased after the tsunami, and that more women became the sole bread-winners for their families. Ainiyah summarized, “hek tamita peng, ureung agam hana kerja. Lon plah dua menyo hareuta hareukat. Han lon tem meunyo plah lhee.” (We work harder than men. Women like me deserve an equal share of the common property. I do not want it divided up by three because of divorce or the husband’s remarriage). She also cited a divorce case in her village in which the former husband faked a death certificate for the ex-wife to the geuchik, when in fact, the former wife is still alive and living in poverty with four children from the marriage. Unfortunately, the geuchik colluded with the husband and approved the certificate. As a result, the woman lost her property rights and is living in extreme poverty. Nurhasdiana concluded, “With geuchiks showing signs of nepotism and openly favoring men in inheritance and guardian- ship cases, most women are vulnerable. Also, the tendency among geuchiks and imeums to mix adat practices with Islamic law has further worsened the situation. There is a need to develop a mechanism to protect women and children’s property rights at the community level.” gal system188 and (b) resolution at the village level. With as well, indicating the need for strengthening legal coun- regard to the formal court system, most women viewed it seling through those agencies. In addition, adat practice as slow, distant, and incompetent. Further, only 25 per- is often perceived as easier, cheaper, and more culturally cent expressed trust in the formal justice system, 29 per- relevant than formal adjudication courts, which are seen cent did not trust it, and 43 percent had no opinion.189 as expensive, bureaucratic, and even corrupt.190 On the Women expressed a clear preference for informal sys- tems, founded on the principles of mediation and recon- 190. Refer to UNDP, “Access to Justice in Aceh: Making the ciliation. Data presented in Figure 6.6 show that only 27 Transition to Sustainable Peace and Development, percent of respondents have had contact with formal in- stitutions, and of them only 3 percent had any contact Figure 6.6 with formal courts, including Shariah courts, since the Where would you go outside the community to resolve land tsunami. Some families had approached NGOs for advice disputes? 0.286343612 Don't know 0.156626506 Women 188. Article 50 of Law No. 7/1989 provides that all cases of Civil Court 0.140969163 ownership, including land, cannot be resolved through the religious 0.355421687 Men courts unless the case has been heard and a final decision delivered 0.572687225 Shariah Court by the sate Ccourt. 0.487951807 189. As elaborated elsewhere in this section, women demanded 0 0.2 0.4 0.6 0.8 1 clear procedures, accessibility to the land registration offices, efficient processes, and low cost (affordability) to enable their participation in the formal system. 94 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H women do not always let men do what they want or are Figure 6.7 not willing to take up issues in public. They always seem Reasons for trus ng adat and the geuchiks on land ma ers to follow a social process in which they first appear to protect the household and community reputation. Only Par cipatory in nature 0.202643172 ( Community based) 0.253012048 when things get out of hand in their assessment, do they go public. This may also be attributed to the three de- 0.427312775 Easy accessibility Women cades of civil strife that compelled them to maintain a 0.331325301 Men low public profile, despite an ancient tradition of wom- Familiar with issue 0.370044053 en’s bravery. The tsunami has definitely taught women 0.415662651 lessons and given them opportunities to freely engage 0 0.2 0.4 0.6 0.8 1 with local institutions and outsiders for advice on land Sampling size Men 166, Women 227 issues.192 other hand, two thirds of the male respondents expressed All women respondents believe that they have a range trust in the formal system, despite the fact that only ap- of options to find a resolution to their grievances. Nearly proximately 10 percent had with the formal courts since two thirds of the respondents said that village lead- 2004. Nevertheless, there was a general tendency to view ers are usually involved in resolving inheritance and the formal court system as meant for Banda Aceh and land disputes and in confirming customary land rights other urban centers only. Despite the above trend, both (adat landholdings). Other main actors included local men and women are unwilling to rely entirely on the geu- religious leaders, respected community figures (tokoh chik or on local practices.191 masyarakat), and adat leaders (together, 34.8 percent). Government officials were less frequently contacted by Although men and women both generally prefer to women. As far as property issues are concerned, most contact the geuchik for advice on land rights and own- families request individual advice. They always look first ership issues, more women seem to have actually con- for community-based support and then look outside the tacted the geuchiks. The difference in men’s and women’s community. This situation was found to be true in the preferences was attributed during field discussions to case of men too. However, the difference was that men their traditionally perceived roles in land registration, tended to quickly move out of the community and look in which men are seen to liaise with outsiders, whereas for advice from other sources, whereas women took time women limit themselves to community-level networks. to do so. The responses from men reflected cultural norms and practices, including that “women need not communicate Both positive and negative implications can be seen for with outsiders on resource-related matters”; “women the plurality of options available to villagers for protec- need not participate in the discussions because of cul- tion of their land rights (and dispute resolution). The tural practices”; “women may not have all of the details broad freedom of choice gives community members the on hand to get things done correctly”; and “women are ability to select an appropriate and socially legitimate busy at home tending to domestic chores.” However, actor for each type of dispute. On the other hand, FGD this was not always the case. participants tended to disagree about who has authority to resolve a particular dispute, complicating the search At least two thirds of women reported that they would for a consensus.193 An opinion exists among communi- take up any issue outside their villages, if there is a need, and that they always preferred to first approach the 192. Discussions with UNIFEM office in Banda Aceh and at the Shariah court (Figure 6.7). Data and information gath- Aceh Institute confirmed some of these assertions. At the FGDs, several women participants expressed similar viewpoints. ered indicate that on matters that relate to land or assets, 193. Most respondents prefer an approach that would bring in compromise without hardship to any party. Quite often, such 191. Refer to discussions on the relevance of adat practices on land decisions are not well documented, leading to fresh disputes at a ownership. later date. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 95 ties that there is no standard way to resolve disputes, and nity (see Figure 6.4). The geuchik guarantees minimum it should be left to the individuals to decide who will be social protection for the land parcel occupied or owned best suited to resolve it. In situations such as this, there by the family. In contrast, formal institutions are of lit- will always be a need for an interface between formal tle help in curbing opportunistic behavior at the com- and informal systems and practices. munity level. This may be the reason why more women seek advice from a geuchik or imeum rather than, say, a In response to specific questions, both men and women camat. But a word of caution: A geuchik’s decisions are felt more comfortable with community-based mecha- local and cannot extend outside the village. Women nisms (local processes through hukum adat) rather than thus go outside the community structure when the issue formal institutional ones. Data gathered show that, to is “big enough” to be referred to authorities outside the date, local institutions (geuchik or camat) remain the pri- village. Such issues are referred either to the camat or to mary mechanisms for dispute resolution on land and re- formal institutions. In such cases, women will require lated matters in rural areas, more so for women (Figure advisory support not only from the geuchik or imeum, 6.8). Further, both men and women see geuchiks as the whose knowledge may be limited, but also from a civil first stop for landholders to seek advice on land-related society group. matters and on documentation for their holdings. Such positive reactions were also mostly found in communi- Both male and female respondents equally described ties with a “dense family network” (in areas where more geuchiks as “weak,” more favorable to influential out- than two thirds of the families are related). In such com- sider forces, and unable to prevent misuse or abuse of munities, the geuchik invariably will be a member of the land. In the FGDs, numerous cases of village elites extended family itself, in what could be termed an “ex- and other vested interests appropriating or selling land tended family mechanism.” This does not mean that he without community consent were reported.194 This may would be fair in his dealings, because there will be some probably be due to the fact that after the disaster, re- family persuasion, particularly in asking a woman to give lief and reconstruction agencies relied on geuchiks for up her claims. Such incidents were not uncommon even their work. Most agencies invariably provided mon- before the tsunami disaster, but were reported more often etary tips and incentives for services of geuchiks. These thereafter. It also shows the limits within which a geuchik working arrangements were new to the local leaders, would function. It is here the differences in the way adat and several geuchiks started to unilaterally speak on be- is practiced across the province raised concerns about the half of the communities or convince families to agree ability of geuchiks to resolve issues in a fair manner. to projects and programs proposed by the agencies. As the decisions (or actions) of geuchiks started affecting Women appeared to have a higher sense of acceptance the families, many communities started to resent such of geuchiks, by virtue of their proximity to the commu- practices and clamored for services to be rendered in a fair manner. Community resistance toward such proj- ects was visible and loud. In circumstances such as this, Figure 6.8 one could question the male-domination of local insti- tutions in public spheres, which probably perpetuates Percep ons of geuchik's decision making on land ma ers their command over women in subtle ways.195 It firmly Decisions based on personal 0.224669604 illustrates the need for enhanced government coordina- rela onships 0.180722892 tion and more women leaders within the formal govern- 0.370044053 Women Not flexible 0.355421687 Men 194. Local media frequently reported instances of geuchiks abusing Unable to resolve 0.405286344 their powers in general land transactions and more so within new type of problems 0.463855422 the reconstruction context. Further, these officials were seen as manipulating aid programs to personally accumulate resources or 0 0.2 0.4 0.6 0.8 1 favor their relatives, friends, and neighbors. 195. Several NGOs and international organizations acknowledged such a view. 96 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H ment institutions engaged in rehabilitation and recon- ceremonies or rituals. Urban women are more exposed struction activities. to government institutions compared to women in rural areas. More women in towns seek help from PPATs or Another issue relates to local authorities not being able formal institutions such as BPN. to secure adequate compensation for land areas acquired for public purposes. Elaborating on the attitude of geu- After the tsunami, the formal institutions started play- chiks, several FGD participants and informants cited ing a more visible role in land matters in the urban ar- the hurdles that confronted the USAID-funded Banda eas, as illustrated by the fact that almost all land-related Aceh–Calang Road project, which suffered numerous cases filed were referred by the geuchiks and other local delays and problems finding the correct owners and forums to formal institutions. This situation was attrib- obtaining the right of way easements (and payment of uted to transitional factors such as the excessive demand compensation for the land parcels acquired). The role of for resolving postdisaster inheritance cases and com- geuchiks in securing land areas for such reconstruction munities moving from adat practices into more mod- projects was severely criticized by several informants, ern dealings, with formal institutions deemed to be a particularly women. Anecdotal evidence indicated that more suitable forum for securing a lasting solution to poor communities, particularly female-headed house- land dispute. holds, paid serious economic costs for merely relying on local mechanisms with limited reach and relevance. The PPATs interviewed claimed that nearly 80 percent The inability of the geuchik to prevent misuse or abuse of of their clientele, both men and women, from the peri- village resources is a good example. Continued depen- urban areas wanted to prepare a deed ( jual beli) and pro- dence on geuchiks and local leaders was reexamined by tect their transactions. Not very long ago the same peo- people who were seeking a mature engagement between ple would have preferred a geuchik or camat notarizing equals, taking into account the role being played by geu- their transactions. This gradual shift toward a “higher chiks in local affairs. The geuchik who participated in the type” of documentation is primarily linked to families FGDs conceded that there were slip-ups in taking care opting for better security after the disaster. The PPATs of land issues in reconstruction sites. They admitted that mentioned that several of these new clients are women in the future they should function as a fair player, and from coastal villages who wanted to protect their in- not as a biased arbitrator favoring a particular group or herited assets, particularly after the tsunami experience. institution196 in land administration and in the manage- Although their numbers are currently small, the shift to ment of village affairs in general. formal titling is clearly seen to be a growing trend. Unlike their rural counterparts, the majority of urban Officials at the district and provincial offices described women interviewed felt comfortable dealing with for- this trend as being largely the result of a lack of com- mal institutions. This is largely due to the fact that the munity-based institutions or adat arrangements within local institutions are more readily accessible in urban ar- the cities. The view exists among urban landholders, eas and the services of the geuchik and adat committees including women, that it is important to go to a court are probably sought for noneconomic matters such as ac- or government office to seek resolution to a dispute. It quiring birth or domicile certificates and presiding over is just that sometimes they may be personally familiar with the person’s abilities and skills. Some eventually approach the court to get proper documentation, which 196. Nurdhani and Erlina, both PPATs in Banda Aceh, said, “At times, as PPATs we were drawn into land acquisition and seems to offer some kind of psychological security to compensation battles. We found that women landholders them. During the field research for this study, the ma- needed more time and information on the subject to receive full jority of respondents, both men and women, considered compensation. There was no local mechanism to do that. Even at district or provincial levels, there was little capacity to take care of government institutions as complicated and excessively such concerns. This shows the limitations of the adat practices. One bureaucratic. Government procedures transform deci- could only hope that under the LoGA, adat systems and structures are more resourceful and strengthened to address such issues and sions into something exclusive, which only “experts” can challenges.” understand. The views were sharper among women re- S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 97 spondents. Male domination of government institutions compensation. In such circumstances, women wanted definitely came across as an issue. to liaise with an external agency, but first attempted to communicate through the geuchik himself. Women Despite reservations about formal institutions, both men believe that the geuchik can elaborate their concerns, and women sought support from these institutions for present the case and claims, and get them their due three key reasons. First, disputes arising out of serious share of compensation. However, working through the differences within a family group were seen as complex geuchik was seen only as the first step to receiving a fair and hence it was considered safer to consult someone compensation. In the case of unsatisfactory resolution from outside the community. More men preferred to of the issue, women brought their cases to higher level consult outside the community than women. The sub- institutions.197 ordinate roles that women learn at home are reflected in such behavior, and it is apparent that a girl’s public Third, there were a handful of instances involving in- behavior gets codified within the family and expressed travillage disputes and similar issues that required an among others in the reluctance to liaise with outsiders. outside mechanism to amicably settle. Second, in cases in which the issue involves land acqui- Taken together, despite the shortcomings, people do sition for public purposes and determination of com- respect local leaders and adat practices. On the other pensation, the geuchik himself could be a beneficiary hand, they do not readily accept government officials’ or may not be capable of negotiating the best possible competency on any subject. To win that acceptance, the government official or office will have to get involved in some way with the communities, before implement- ing a plan or presenting a plan to acquire land areas. Box 6.9 Unfortunately, most government offices do not get in- Variation in Adat and Its Impact on volved. This is beginning to happen even at the village Landholders The reported land-grabbing instances in desa Krueng levels, where people’s confidence is beginning to wane. Lam Krueng in kecamatan Indrapuri, Aceh Besar dis- Ultimately, people see these offices as a burden on them. trict, appeared to be the result of wrong interpreta- This condition scares away less influential and poor peo- tions of land-related regulations and highlighted the ple, particularly women. risks for property alienation for women landholders. This village had adat practices that allowed families to own up to 2 hectares in the foot hills if adjacent to the person’s rice paddy land. After the tsunami, the lo- cal camat claimed and registered 3 hectares of land in 6.8 the role of media in his name without any agreement from the concerned family or the community. Later, families filed a police promoting Women’s Land rights complaint with the help of local NGOs such as Flower Aceh, LBH, and Bungong Jeumpa. However, fearing A content analysis of local newspapers and magazines illus- reprisals, most households withdrew active engage- ment on the issue, except Fauzi, a woman landholder trates two main trends: (a) the portrayal of women almost in the village. Later, however, the district court ignored exclusively as victims, with the loss and grief associated the regulation issued by former President Soeharto on with catastrophes conveyed in terms of female depriva- full ownership rights to adat land after continuous use tion and suffering; and (b) occasional portrayal of women of the land area and allowed the camat to own the land as strong, capable organizers and managers. Gender issues areas in his name. Instances of this nature negatively were highlighted at the level of household conflicts (e.g., affect the level of trust communities have in informal and formal dispute resolution structures. 197. For example, refer to the case of women landholders in desa Source: Discussions with Sawiyah, a staff member of Masjid Ujung Blang Manee in kota Lhok Seumawe; many villages Flower Aceh, a local NGO, and Fauzi. lie along the proposed primary road between Banda Aceh and Calang. 98 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H In general, mainstream media did not manage to com- Box 6.10 municate that the principles of relief and reconstruction Aid Agencies and Missed opportunities include protection of access to land, including guard- “Most aid organizations were focused on getting mile- ianship rights, particularly for female members in a age for their work. For example, many aid organiza- tions claimed that they spent their resources to address community. They also did not make an attempt to raise women’s issues. When we examined their claims, we awareness about the various methods that could be used found that some of their work simply reinforced ex- to recover landholdings. Informative stories occasion- isting social norms and traditions or called for imple- ally appeared in the local media. But by and large, given mentation of international commitments. There was no the popular media image of women as submissive, they effort to understand the local cultures and social norms. are rarely portrayed as leaders. The local media also Women were simply treated as targets for intervention and passive characters in the reconstruction phase. did not proactively work with aid agencies in promot- When we asked for more information, the responses ing gender concerns and at best may have remained a from aid agencies tended to be stereotyped or sim- publicity vehicle for international organizations and oc- ply reinforced existing social norms that were largely casionally served as whistleblower on corrupt practices. pro-male. After several years of work through the lo- cal radio on development issues and empowerment of women, I do believe that although aid agencies may exploit women’s issues to pursue their own agendas, there is a potential for resistance if the local media are vigilant and challenge stereotyping by aid agencies and 6.9 Summary turn that into positive actions. But this did not happen. In short, the local media failed to provide insights into A fundamental transformation is currently in process the structures of power that operate in institutional in Acehnese society. The larger processes of economic, as well as social contexts during the reconstruction social, and political changes include commercialization, phase,” said Elvida, who worked with the local NGO increased foreign investment and trade, declining roles Radio Komunitas Suara Perempuan (RKSP) in Banda Aceh for a decade. for the military, increasing functional specialization among the people, growing civil society groups, and the shifting political context of Aceh in the post-tsunami and postconflict period. These seem to be occurring without fundamentally altering the elastic nature of the Acehnese social structures, was is evident when land guardianship and inheritance; property rights in terms of matters vis-à-vis gender relations and women’s rights to remarriages, divorce, and common assets). Little attention land and property were examined after the disaster. was paid to women’s capacities to participate in efforts to obtain secure land tenure. Further, no media consistently Section 4, 5, and 6 have discussed several trends in the published gender-specific information or women’s experi- land sector with regard to women’s access to and control ences regarding access to land rights. over land and property rights. Immediately after the di- saster, women were at greater risk for losing their access The review highlighted how the media has perpetuated to land and property rights. However, the study revealed the traditional division of space between the sexes. It that initial government efforts, after the tsunami, were found that women’s subservience is consistently broad- generally effective in preventing large-scale dispos- casted. Although popular television programs raise con- session of land rights among men and women. Efforts troversial issues such as the dress code for women, the of the Shariah courts aimed at naming guardians and harsh enforcement of Shariah law, or women having a clarifying inheritance were likewise generally success- say in family matters, the television programs often sug- ful. But the work of Shariah institutions, in general, and gest that the woman who strays from traditional norms Shariah courts and laws, to an extent, were increasingly faces insurmountable problems and is eventually alien- seen as enshrining the existing male-preferences and ated from her family. gender conflict in society. The action of Shariah courts S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 99 and institutions risk alienating women and other pro- ment, and the extent to which it seeks to institution- gressive segments of the population and favoring patri- alize community-driven solutions speeding up recov- archal norms. These changes are all having an impact on ery and reconstruction work. It also demonstrated how land and the way people tend to protect their land and adat and customary landholdings could be regularized, property rights and more so for women. taking into account requirements of women and their participation in the process. The government, through This trend has gradually eroded women’s control over the RALAS project, reached out to a very large num- and access to land. This study revealed some reports of ber of tsunami-affected areas and introduced system- male relatives coercing women not to seek guardian- atic land titling designed to protect and reinforce land ship and inheritance rights. Women tend to acquiesce rights. Field data indicated that women were active in to strong male demands in these situations. In all such the introduction of formal, systematic land titling pro- instances, the fortunes of women have been tied to be- grams but often were not adequately informed about nevolence of the family, village, and local leadership, their rights to enable them to enjoy the full benefits of which are all predominantly male. This highlights the the law. This was noted particularly in the case of lack continued need for reforms to attain gender equity in of information about the option to request joint titling the province. of land. Traditionally, women received land and property Village institutions, both formal and informal, includ- through inheritance, mostly at the time of marriage, ing geuchiks, tuha peuts, and imeums, are still the closest and held these without formal documentation. The find- form of authority to a vast majority of residents in the ings of the study indicate that the adat still has a major province and are seen as the first point of contact for influence, but that could be waning as society changes most government matters, including land. Adat and lo- and as new ideas are introduced and formal government cal leaders continue to elicit wide support and remain structures gain acceptance. Women residing in towns the favored forum on land matters. However, their and urban centers were holding formal land certificates, knowledge of land law and women’s rights (includ- and so the concern is more with rural Acehnese women ing traditional rights) continue to remain an obstacle. as decisions over how land is used or allocated, both in After the disaster and as a result of recent government rural and urban households, which are often under the reforms, newer responsibilities have been added to lo- control of a male family member. This was illustrated cal institutions that seem to have increased the burden by many cases discussed in the findings, particularly on geuchiks, camats, and other officials, thus affecting the ones relating to inheritance and guardianship. In efficiency and effectiveness of their operations. Hence, this regard, male dominance of the village and formal in the long run, it is expected that geuchiks and camats structures are a constricting factor. Social norms do not will not be able to independently manage land admin- encourage women to engage in public affairs such as istration equitably and in an efficient manner. dealing with land documentation officials (e.g., PPATs). However, after the tsunami, at least partly, women NGOs and civil society groups have strived to introduce have taken an increasing role and have been assertive in gender concerns into the local agenda, with a particular claiming their rights. focus on women’s access to land and property. However, they were also constrained by existing practices and so- Commun it y-based cial structures. Both men and women confronted cases of activities elicited in- land conflicts in the post-tsunami environment. Women creased participation of tended to be more subordinate to men and generally tried women, and CLM was to resolve issues within the family or community; on the seen as a significant ap- other hand, men were more ready to seek outside help. proach in three aspects: Photo 6.2: A geuchik in Pidie district with his family alongside copy of a its scale, the extent of Efforts taken after the tsunami to recover and reconstruct community land map, 2008. community involve- property rights has demonstrated how adat and custom- 100 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H Box 6.11 Were There Any Instances of Breach of Trust? The work of the geuchik in such instances was not always transparent or straightforward. Some landowners reported abuse of trust by the geuchik, who delayed collection, demanded an additional amount, or created needless hurdles in completing the titling process. This was mainly heard from people living along the busy roadside settlements (e.g., Jantho-Keumala Route and Lamno-Calang Road). Many respondents also asserted that villagers were expected to make in-kind contribu- tions to get assistance with land issues. Although today a geuchik is an elected representative, he also functions in some form as an adat leader. The absence of very rigid hierarchies, combined with little or no differences in socioeconomic status between the geuchiks and other families, has helped build collective action based on trust between the villagers and the geuchik. Acknowledging the prevalence of informal payments, a senior official at the bupati’s office in Aceh Jaya concluded thus: “Unfortunately, once you remove the geuchik from the community, the community has no face and therefore people tend to see payment for such tasks differently. He is not only the interface between the government institutions and people, but also the face and ambassador for the respective village.” They further said that one has to recognize that because of the unique conditions of governance in Aceh, particularly post-tsunami and postconflict, many families have been forced to engage with outside institutions in ways that are new and challenging to them. “We always see the geuchik as a community-based volunteer,” said a respondent in Aceh Selatan. Source: Individual interviews in desa Miruek Taman (Aceh Besar), desa Gampong Jawa (Banda Aceh), and desa Rumpit (Aceh Jaya district). ary landholdings could be regularized, taking into ac- or moving between the systems, open to exploitation. count the requirements of women and their participation This should be addressed through a set of measures to in the process. This study also underscored some trends, enhance women’s inclusion in land and property recovery, notably the decline in trust of the geuchiks and local lead- taking into account what women want. This can be aided ers. The growing importance and awareness about formal by increasing the ability of women to have a “voice” in land titling in the absence of a clear interface between local forums. These measures will not only give women a informal and formal systems, particularly with respect to voice in planning the support provided, but will also help jurisdictional authority on property matters, is creating society recover faster from the disaster. ambiguities. At the same time, these local leaders have also often demonstrated their lack of objectivity and lack The tsunami disaster has proved to be a watershed event of knowledge about adat, Shariah, and land-related laws in in Acehnese society. In the last few years, Aceh has the course of promulgating postdisaster recovery and re- moved toward the cusp between tradition and moder- construction decisions. The matrilineal adat and Shariah nity. It is this position at the cusp that offers Acehnese were both interpreted differently by different leaders. The the opportunity to look beyond the village to enhance resulting uncertainty is leaving women and poorer sec- women’s access to property and land rights by opening tions of the society, who are not adept at understanding up options and enlarging the shadow of the law. 101 Section 7 c o n c L u S i o n S a n d r e c o m m e n d at i o n S T his study documented and analyzed women’s ac- the study found evidence that households are slowly cess to land and property rights after the tsunami moving toward the nuclear family model and away from along four key dimensions: (a) women’s landhold- communal control of resources. This is resulting in the ings and methods by which they secure their land; gradual erosion of the role of adat and local practices. (b) the challenges confronted by women in securing their Women were socialized to be good wives who prioritize land rights in the postdisaster environment; (c) the role peace and harmony in the family and care-givers. This of family and gender relations; and (d) the role of various system of checks and balances supported both women institutional and informal actors. and men in their social roles. However, as the conditions after the disaster have shown, these land tenure regimes at the level of compliance were not necessarily gender- equitable. Reported instances of the arbitrary denial or conclusions dispossession of claims and rights of women highlight the fact that land issues can stymie reconstruction and Aceh is characterized by a large number of local-level development. traditions and practices in the management of land and natural resources. As a result, as is common in other The main conclusion from the field surveys is that the parts of Indonesia, multiple land tenure regimes, both three decades of civil conflict and the tsunami disas- traditional and formal, operate at the same time. Some of ter have seen Acehnese women play a key role in the these systems are gender-neutral. The landscape of these survival of their families and communities, even when local practices and institutions are dominated by adat faced with difficulties in temporary shelters, separa- and Islamic principles, which in theory afford women tion from extended families, and recovery from the a number of rights and safeguards. The traditional adat devastation of the villages. It shows that post-tsunami gave women and men separate and complementary Acehnese women have been assertive in the recovery spheres of authority and influence. Property belonged to and reconstruction process. Their assertiveness was gen- the lineage and not to individual women and men. The erally obvious in fishing villages and communities in last daughter was the owner of the property (homestead which women traditionally had visible economic roles and rice fields) and was also the main caretaker of the compared to the hinterland or predominantly agricul- lineage. Her brother, meanwhile, interfaced with the tural areas. For example, women took an active role in external world and supported her with physical labor. In the preparation of CLMs and housing programs, partic- return, he held moral authority over all members of the ularly in the fishing villages that experienced the worst lineage. Despite the strong communal orientation and of the disaster. This assertiveness among women living people’s preference for local and traditional practices, in the coastal villages could also be attributed to their 102 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H higher levels of suffering caused by the disaster and ernment-led coordination played a major role in dissem- their determination to rebuild and regain their lives and inating information in a timely manner, promoted dia- livelihoods. A number of traditional practices pertain- logue, and provided a framework in which the various ing to inheritance are favorable toward women’s rights. actors can work. It illustrated the importance of both They can be described both as ensuring women’s rights macro-levels and micro-levels of assistance that must be and subtly forcing women to conform to traditional addressed throughout the recovery period and in track- gendered roles. However, these traditions and practices, ing and providing postdisaster support for women. including those relating to adat, are not homogeneous within the province and are also seriously affected by The second conclusion that can be drawn from the field the level of understanding by local leaders. The tsunami survey relates to discrimination against women that is disaster has also created unequal relationships in the subtle, although the impact is not insignificant at all. community setting and more so in the case of women’s After the tsunami, women were on the verge of losing access to land and resources. Evidence indicated that not only assets and livelihoods, but in some cases even social norms at times can be selectively applied to ben- their social status. This is partly due to male preference efit an influential disputant or claimant, by-passing the in inheritance, male privileges at the community level, claims of women. and male bias in government departments providing land for relocation and housing. This study has shown that after the disaster there is an emerging market for land. Formal land titling has The third conclusion relates to adat traditions and prac- concentrated power by handing over ownership to the tices, which taken as a whole remained popular, in- interfacing men. Into this situation the Shariah inheri- cluding giving a prescribed share of assets for daugh- tance laws are bringing the notion that women are not ters at the time of marriage. This reflects the inherent equal to men, by giving daughters only half the share strengths of the social norms and their relevance to peo- that sons inherit. However, women continue to be so- ple’s sensibilities. However, the field surveys found sig- cialized into good mothers and wives who prioritize nificant shortcomings in the actual application of adat peace and harmony in the family. This is a lose-lose situ- practices in recent times. Cases reported in the western ation for women who lose their inheritance and control coastal districts (e.g., land acquisition for public infra- over property just to keep peace and harmony in the structure) illustrated that at times, social norms can be family. At the same time, men now gain control over selectively applied to benefit an influential disputant or property in a fast commoditizing market. However, claimant, by-passing the claims of women. This lack they do not have primary responsibility as caretakers of of consistency in decisions and absence of an oversight their families. That responsibility continues to rest with mechanism has eroded confidence in the traditional the women. structures. This problem appears to be more acute in the post-tsunami environment because many experienced In the backdrop of the economic changes that occurred local leaders lost their lives. In some cases, the adat lead- after the tsunami, field surveys confirmed that women’s ers were unable to reconcile Islamic principles and civil access to land and property rights was dependent on in- law with adat practices. This was primarily due to the formation dissemination and understanding of gender lack of training and the extreme conditions left by the issues that shape public opinion and drive social poli- disaster. The inability of geuchiks, adat committees, and cies regarding women. NGOs and civil society groups local leaders, after the disaster, to resolve complicated have strived to introduce gender concerns into the lo- cases sometimes pushed women to seek support outside cal agenda, with a particular focus on women’s access the village, whereas earlier they would accept local reso- to land and property. Nevertheless, they were also con- lutions. It clearly exposed the lack of defined norms and strained by existing practices and social structures. The structures and the absence of accountability of village recovery of land rights and rebuilding of the province’s leaders, including geuchiks, imeums, and others. This can land administration depended to a large extent on the have a significant negative impact on respect for gender smooth progress of reconstruction work itself. The gov- balance in land management. To address this, a well- S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 103 functioning system for property and resource adminis- This point is illustrated by the declining public trust in tration is long overdue in Aceh. However, any new sys- geuchiks and other local leaders. tem must not ignore adat traditions and practices that are gender-progressive. It demands establishment of a The sixth conclusion is that there is a growing trend for clear interface between informal and formal systems, converting traditional holdings (including akte jual beli) particularly with respect to jurisdictional authority on into formal land titles. The latter are seen to provide property matters and clarifying ambiguities. greater security of tenure and allow the holder to use the land as a guarantee to access credit. But the fact that The fourth conclusion confirmed that most property women hold fewer than one third of the formal land issues are settled through family agreement, and only titles indicates that the benefits of modern property and when they could not arrive at a consensus were cases re- land administration are yet to spread evenly and ben- ferred to the geuchik, adat committees, or Shariah courts. efit women to the same extent they benefit men. Recent Women’s response to land disputes is often markedly RALAS experience indicates that active socialization different from that of men. In case of intrafamily dis- and education activities can increase women’s participa- putes, women often accept unfavorable decisions just to tion in and benefits from the formal land registration maintain peace and harmony within the family. More system. serious still, for sensitive cases such as intimidation by male relatives from extended families, many women The seventh conclusion confirms that the prevailing simply do not complain at all for fear of social reper- rules, social norms, and conventions and hierarchical cussions. It was also found that men were much more relationships impeded women’s access to essential infor- likely to appeal an unfavorable decision on land mat- mation in claiming their land and property rights. The ters to a higher authority outside the village. This may reported weaknesses in protecting women’s claims and be due in part to their easier access to communication property rights in cases of remarriages, guardianship, and transportation and more confidence in dealing with and inheritance, highlight women’s vulnerability. The the institutions involved. Social constraints on women situation was further compounded by the patriarchal tend to discourage them from taking similar levels of mindset of some local leaders. Women’s rights are also action. These are often compounded by conservative in- constrained by government procedures and bureaucratic terpretation of religious traditions that are male-biased. processes that discourage them from fully participating. In all, many of these experiences after the disaster have It was also found that women’s search for survival and shown the risks inherent in the traditional and village security of tenure after the disaster was largely contin- level systems and the reluctance of formal institutions gent on the support of male relatives and men in various to intervene proactively to protect women’s claims and decision-making positions. As a result, women’s legal rights. problems are more likely to be overlooked or not taken seriously. The fifth conclusion showed how the subjective assess- ment of the geuchik and community leaders, who lack The eighth conclusion relates to the functioning of thorough knowledge of state law, customary practices, Shariah courts and the fact that although they made religious principles, civil law, and family law did not considerable contributions to the recovery and recon- give women their full rights under the law. Taken to- struction efforts, there is a significant risk for erosion gether, the community-level and family-level situation of public support for this institution because of the per- is likely to continue as long as village institutions and ception that the judges are not adequately qualified or geuchiks, along with other traditional leaders, remain are poorly trained, reported misuse of Shariah institu- primary figures in property administration without ad- tions against women, other image problems and public equate training (e.g., Islamic principles, land law, and perceptions, and lack of proactive measures to protect gender mainstreaming) and oversight. If this situation women’s rights. On the institutional side, the contin- is not addressed, it is likely to further favor and perpet- ued lack of women judges and lack of gender sensitivity uate a gender imbalance in land and property matters. reported among judges and other Shariah officials are 104 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H cases for concern. If these issues are not addressed, in despite the well-thought-out design, have generally not the long run the confluence of modernity and the glo- been able to target women. The reasons include legisla- balized, imported, conformist interpretation of Islam tion that guarantees women’s rights but lacks concrete will together further undermine the adat practices and steps to implement gender provisions, titling processes women’s claims to land and property rights. A failure that are biased toward men, and specific constraints that to act on the part of the Shariah court is at the risk for women face in dealing with public institutions and of- alienating women and other progressive segments of the ficials. The joint titling also faces the same difficulties population and favoring the patriarchal norms. and constraints that other methods of certification to women do (including adat holdings). The ninth conclusion points out that the formal land ad- ministration system (BPN) had both positive and nega- tive influence on protecting women’s access to land and property rights. BPN took some proactive measures to progressive trends limit dispossession of land and protect women’s claims to their property, including introduction of joint titling. On a positive note, this study identified some inno- However, the institutional failure to fully implement vative work done by the government and NGOs in the policy measures and the lack of sustained coopera- protecting and promoting women’s access to land and tion between BPN and NGOs and community groups property rights after the disaster. One example was the implies that BPN did not optimize the opportunity to work done by the Land Forum, in which the govern- promote and protect women’s access to land and prop- ment was able to communicate important informa- erty rights. tion about land tenure and preserving land rights in the face of the severe upheaval caused by the tsunami. The tenth conclusion is that women continue to be un- The NGOs, in turn, were quite effective in disseminat- derrepresented in almost all of the village institutions ing this information at the community level through and government apparatus. As a result, women’s issues their various outreach and reconstruction assistance are likely to not be taken seriously by the authorities. programs. Another example of positive outcome from This highlights the urgent need for women’s represen- innovative collaboration relates to government-NGO- tation and a voice in village institutions and formal community cooperation in preparing the CLMs. This government structures that cover land administration. was effective in providing an early start for the recon- Although recent efforts under the LoGA to enhance struction work, giving local voices a space in recon- women’s formal participation in adat and other com- struction planning, and was successful in allowing mittees are taking root, it may be a long time before communities to acknowledge and reinforce the rights gender equality will attain prominence in property mat- of women and vulnerable members. CLMs also served ters and resource management. This is an area in which as an effective supplementary tool for dispute resolu- the government should proactively engage and seek tion in a transparent form. partnership with international organizations, NGOs, and civil society groups. The work of Shariah courts in determining guardians for tsunami orphans and resolving inheritance and other Taken together, the reluctance of both officials and family disputes was complemented by legal training and women to confront gender-biased cultural values, not some logistical support provided by NGOs, international to mention the outright rejection by some men in subtle organizations, and the government. This allowed the and not-so-subtle ways, to grant women their full rights, courts to resolve some of the cases and provide services highlights the depth of the cultural barriers to be over- directly in the affected areas. This was a good example come. If these barriers are not acknowledged at the lo- of concerted and coordinated efforts by all the agencies. cal level and addressed, they can sabotage efforts to ex- tend women their legal rights to land. From this study, The tsunami also opened a space for public discussion one can conclude that the systematic titling programs, involving government actors, NGOs, and academ- S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 105 ics on women’s access to land and resources, respect titling program areas said that the program increased for traditions, and how to protect women’s property their awareness about their land rights and the processes rights. This resulted in the development of the joint to secure their land rights, as well as  giving them the titling policy, as part of the reconstruction program, courage to assert their land rights when they were under which was adopted by the provincial government and threat. Taken together, it is reasonable to conclude that BRR. This will serve as a model for future work on the in the absence of RALAS and the implementation of subject. the systematic titling program in post-tsunami Aceh, the dispossession of women in terms of their access to The joint titling, though successfully completed only in land and property rights (including their entitlements small numbers, has demonstrated its potential to secure under guardianship and inheritance) would have been women’s rights to matrimonial property. It also helps to more widespread. reinforce women’s sense of security, self-esteem, and the respect they receive from their spouses and family mem- bers, while affording enhanced protection of their land Looking forward rights in the case of death of a spouse, divorce, or remar- riage. However, the prevailing conservatism in the land The objective of this study was to document the expe- offices and lack of field staff orientation resulted in small riences in the restoration of land and property rights in numbers of landholders opting for it. If this situation is post-tsunami Aceh, with a particular focus on gender not addressed, the intended benefits of joint titling will concerns and women’s access to land rights. This study not be realized equally by all citizens. also sought to understand the dynamics of change and analyze if they may be translated into a framework that is This study confirms that in the absence of RALAS and both sustainable and replicable, embracing the strengths, the implementation of the systematic titling program, and addressing some of the shortcomings of local and the dispossession of women in terms of their access to customary arrangements in land ownership. Arising land and property rights (including their entitlements from this study, lessons can be drawn and recommen- under guardianship and inheritance) would have been dations proposed for mainstreaming gender concerns in more widespread. The field research covered three dif- land administration. ferent kinds of areas: (1) RALAS program, (2) reloca- tion housing program, and (3)  nontitling areas (non- The primacy of adat practices and local traditions de- RALAS, nonrelocation villages). In the absence of a mands that a comprehensive balance be forged between baseline study, it is not possible to produce data to show the current practices of nonstate methodologies and the the direct impact of the RALAS program on women’s relatively new practices of modern land administration. access to land. However, this study inferred through Such an approach should integrate the social and cul- observations, FGDs, and discussions with geuchiks and tural factors, social accessibility, authority, and legiti- camats in relocation areas and nontitling villages that macy of the informal processes with accountability to the level of awareness about women’s rights to land was the community and the state. In proposing so, it recog- low among all of the stakeholders (including women, nizes that a blanket model is not realistic, given the legal men, and local authorities), with roughly only 20 per- pluralism and heterogeneity of adat traditions in Aceh cent having a clear understanding of the range of land and in Indonesia in general. In other words, it would be rights and protection afforded women under Indonesian unrealistic to ignore adat practices, but at the same time law. When the responses of informants from non-RA- it would be prudent to recognize that the past traditions LAS areas were compared with those of the RALAS are beginning to lose ground with increased urbaniza- area informants, their (i.e., non-RALAS sites) aware- tion and emergence of a younger generation of poorly ness of joint titling policy was also found to be very trained geuchiks, ulamas, and other religious and local weak. In most cases, women landholders were also not leaders. This balanced approach should accommodate aware of the procedure to convert inherited land into different sociocultural contexts and customs, building title certificates. Women living in the systematic land on good and positive experiences, but at the same time 106 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H introduce common principles to protect women and en- Government-led coordination is essential to ensure hance gender equity in men’s and women’s access to land timely delivery of support and to eliminate legal and and property rights. In this final section, this study lays institutional uncertainties. Immediately after the di- out some recommendations to forge this middle ground. saster, the government should coordinate the work of aid agencies, NGOs, and other nongovernment institu- Designing a strategy to do this is complicated by the tions and enlarge the support network for women and vast array of actors, institutions, and processes involved. vulnerable groups, with particular attention to land Such reform would inevitably impinge on established and property rights. Coordination should not limit the social norms and power structures which cannot be sim- speed of delivery or innovative approaches to restoration ply legislated out of existence by regulations or policy of property rights, and recovery or reconstruction work statements. Recommendations to reform adat and local in general. Rather, it should promote dialogue and pro- institutions can also easily be dismissed as unfeasible or vide a framework in which the various actors can work. centrist social engineering and meddling in well-estab- Both macro levels and micro levels of assistance must be lished social structures. Indeed, it is also argued that addressed throughout the recovery period, and thus it is the complexity of adat traditions and social customs in critical to promote community-based operations for the Aceh is such that nothing should be done. According recovery and reconstruction phases of work. The gov- to this view, current adat and other practices are suffi- ernment should also coordinate tracking and provision cient to meet gender parity in property rights. However, of postdisaster support for women. At the same time, this study has shown this is not the case. Supporting efforts should also be made to work at the national lev- this view would merely leave women at the mercy of en- els to support and enhance upward accountability and trenched male leaders and relatives and insufficiently in- mainstream gender concerns in reconstruction work. formed geuchiks and local leaders. Immediately after a disaster, the responsible govern- And although concrete examples on the ground are lim- ment agencies should initiate action to freeze land ited, discussions with several of government officials, transactions and transfers to prevent land-grabbing policy-makers, village leaders, community members, and dispossessions. This can be done by enacting legisla- NGOs, and academics during the course of this study tions to protect predisaster property rights and endorsing demonstrated that there are constituencies for change guidance for restoring those rights in postdisaster situa- and they should be supported. tions. This action, along with timely information sharing, was the key in Aceh to avoid large-scale dispossessions seen in some other countries affected by the 2004 tsu- nami. It is important that people be given time to rees- recommendations tablish their lives and traditional land use and holdings are investigated and clarified in a fair and transparent The objective of this study was to document the experi- manner. ences in the restoration of land and property rights in post-tsunami Aceh, with a particular focus on gender Recognize gender-balanced traditional, customary, concerns and addressing women’s access to land rights. and religious practices that support women’s land and This study also sought to understand the dynamics of property rights. Practices that are gender-sensitive in change and analyze whether they may be translated into the local culture, tradition, and religion need to be re- a framework that is both sustainable and replicable, em- searched and disseminated to the local authorities and bracing the strengths and addressing some of the short- land registration field teams, who in turn will high- comings of local and customary arrangements in land light the confluence of tradition and the recovery and ownership. rehabilitation process in the villages. For example, ef- forts should be taken to ensure that local leaders and Based on the detailed study and conclusions above, the stakeholders are oriented in a timely and transparent following recommendations have been formulated: manner so that they support women’s claims to land. S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 107 Information should be couched in the language of lo- critical in opening avenues for qualified women to enter cal norms and cultures. It is also important to include areas previously closed to them. the Shariah courts and the judiciary in these efforts and strengthen their independent roles. Given the male-bias inherent in the system and that reconstruction programs trigger demand for land, Increase women’s representation in traditional, infor- the existing safeguards should be examined with a mal, and formal institutions. The provincial government particular focus on area-specific and culture-spe- should expand on recent innovations requiring women to cific factors. A compulsory social assessment of areas be represented on adat committees by stipulating mini- affected should be completed before further steps are mum levels of women’s participation in all local commit- initiated to design and implement a reconstruction or tees and institutions (e.g., implementing the provisions of development plan (including proposals for relocation laws and regulations that facilitate decentralization, such or land acquisition). In this process, women’s partici- as LoGA in Aceh, and empowerment of women). This pation should be fully integrated. Where relocation is representation should be made compulsory to provide required, the new sites should have similar geographic women with a focal point for their land- and property-re- terrain, ensuring that cultural and community identities lated concerns. It will open up a long-term opportunity for are respected. Even a single affected family should be women’s empowerment. More women should be included sufficient to trigger prescribed social safeguards. in all relief and reconstruction teams in both decision- making positions and field roles. It will require targeted The continued primacy of adat practices and lo- empowerment and capacity-building activities. Provincial cal traditions demands that a balance be established authorities should coordinate with NGOs to ensure that between the current practices of informal systems quality gender training is available to all adat members and the need for the benefits of formal, modern and local institutions. Further, in all cases provide gender land administration. This should integrate the social awareness training to all to adat committee members in and cultural factors, enhance social accessibility, and cooperation with NGOs and civil society groups. strengthen authority and legitimacy of the informal processes, thereby building upward and downward ac- Undertake a rapid assessment of gender-specific risk countability to the community and the government. factors and prepare check-lists for the integration of Such an approach recognizes that a blanket model is women in the recovery and reconstruction process not realistic, given the legal pluralism and heterogene- and monitor their compliance. This should result in ity of adat traditions in Aceh and in Indonesia in gen- developing immediate measures to enhance women’s eral. In other words, it would be unrealistic to ignore access to assistance and to enable them to recover their adat practices but at the same time it would be prudent assets and feel secured. This should also eliminate social to recognize that the past traditions are beginning to isolation of women and reduce the risk factors associ- lose ground with the increased urbanization and declin- ated with the social dislocation caused by the disaster. ing community trust in religious and local leaders. This middle ground approach should accommodate differ- All recovery and rehabilitation work should be com- ent sociocultural contexts and customs, but at the same munity-based. Women are more comfortable and ac- time introduce common principles to protect women tively participate in community-based initiatives. It and enhance gender equity in access to land and prop- helps to create a level playing field for women. This erty rights. ensures the representation of women in the decision- making process and reaches women who are usually less Reengineer Shariah courts to deal on support women’s mobile when compared with men, more so in the case of access to land and property rights. The Shariah courts a disaster. A community-based effort such as the prepa- should be made accessible to all people and particularly ration of CLM is a collective activity that helps rebuild women. The services provided should not be limited to the sense of community and assists in developing com- delivery of judgments but should also have educational munity voices in the reconstruction initiatives. This is functions. Support for gender balance and proactive en- 108 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H gagement of Shariah court officials should be provided. measures, and who to contact for assistance and sup- There should be targeted activities for women judges to port. In relation to land and property, it is critically im- travel and disseminate information about the courts and portant to disseminate adequate information to reduce interpretations of the Islamic law that are supportive of fears of dispossession. A primer or handbook should be women’s rights. in place to engage on such matters as development of standards and training manuals. All information ma- Mainstream gender concerns within BPN and the terials should be prepared in local language and widely land administration system. As the primary agency disseminated. An information board (posters) on ser- responsible for restoring and protecting land rights, vice standards and procedures for registering land rights BPN should initiate systematic land registration across or resolving land disputes should be displayed at all the the province to safeguard and promote women’s rights offices of geuchiks, camats, BPN land offices, local au- to land in the most cost-efficient and effective way, thorities, and Shariah courts. reaching all women, including the most disadvantaged. To further gender-sensitize this process, BPN needs Building awareness on land rights. Establish legal lit- to: (a)  prepare a strategy to build in-house awareness eracy programs targeting geuchiks, local leaders, and lo- on women’s land rights and gender concerns; (b)  sup- cal institutions to orient them on the main types of land- port community-based efforts such as CLM and work related issues, women’s rights, and a discussion of adat through a participatory process; (c) increase the number practices in their area (e.g., on matters such as inheri- of women staff in the field, in the back office, and in de- tance, guardianship, family agreements). This program cision-making positions; (d) reach out to various actors, should orient the participants, enhance their under- within and beyond the government, through constant standing of the rights of men and women, and dissemi- information dissemination activities to foster public nate information on joint titling of martial property and support and build confidence in the concept and process how to enforce it. It should also describe available ways of land certification; (e)  maintain regular monitoring, and means, in a positive manner and where possible cit- quality control, and gender audit; and (f) establish and ing good practices, to protect the weak and marginal- manage gender-specific databases and gender-related ized against dispossession of their land to more power- indicators on land and property rights at the grassroots ful persons. The capacity and skills of NGOs could be level with aggregated results available for management tapped to build community capabilities to identify and and policy decisions. advocate their land rights (including compensation for land lost, village border disputes, land acquired, clarifi- Rebuild the local capacity and facilitate change at the cation of ownership, etc.). local level to address gender concerns. Information about gendered laws has to be disseminated to all the A major new dialogue that needs to be raised is target- people— women and men, government, officials, local ing government’s land registration and titling func- authorities, religious leaders, and so forth. In relation to tions for women. Currently, most government policies land and property, it is critically important to dissemi- are gender-neutral. Although this will capture some of nate adequate information to reduce fears of disposses- the women’s issues, these blanket policies do not distin- sion. The recruitment of more women staff in govern- guish between the groups who are vulnerable and those ment (more so in BPN) and aid agencies will ensure who are relatively protected, and do not consider the that affected women’s voices are heard and their needs limitations of local and informal practices and institu- and concerns dealt with. This is also critical for the suc- tions. Therefore, immediately after a disaster, govern- cess of rehabilitation efforts. ment and aid agencies need to have dialogue on emerg- ing opportunities for enhancing women’s recovery of Disseminate, disseminate, and disseminate. Often land and property rights. the lack of adequate information leads to rumors, fears, and panic. This can be effectively controlled by dissemi- Prevent stereotyping that would lead to flawed nating information about the disaster, the emergency policy prescriptions for the recovery and enhance- S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 109 ment of women’s access to land and property rights. at the national level is galvanized to ensure that legisla- Government regulations and statements are filled tion within and across sectors is coherent with regard to with prohibitions against discrimination in any form. gender equity. However, the government’s own actions in disaster planning and recovery often fail to prevent a disparate differential impact when it comes to restoration of wom- field-level measures en’s land rights. Traditional leaders and government in- NN Practices that are gender-sensitive in the local cul- stitutions are less inclined to stereotype women’s roles ture, tradition, and religion need to be researched and rights and less willing to adopt creative options and and disseminated to local authorities and land reg- support women’s claims. At the very start of recovery istration field teams, who in turn will highlight the operations, the respective government agencies should confluence of tradition and the recovery and reha- make heightened efforts to challenge misconceptions bilitation process in the village. and stereotyping of women’s access to land and property NN Information about gendered laws has to be dis- rights by local institutions and stakeholders. seminated to all people—women and men, gov- ernment, officials, local authorities, religious lead- This study has illustrated that developing a strategy ers, and so on. In relation to land and property, it is for reaching a balanced-gender approach to land ad- critically important to disseminate adequate infor- ministration, particularly in a postdisaster situation, mation to reduce fears of dispossession. is complicated by the vast array of actors, institutions, NN All recovery and rehabilitation work should be and processes involved. Any effort will inevitably im- community-based. This ensures the representa- pinge on established social norms and power structures, tion of women in the process of decision-making which cannot be simply legislated out of existence by and ensures that the process reaches women. The regulations or policy statements. These social norms focus on reaching support to women also opens and traditions are to be respected in building recovery avenues for qualified women to enter areas previ- and reconstruction process. Bearing in mind that local ously closed to them. culture and traditions may not necessarily be supportive NN More women staff, particularly in decision-mak- of equal rights for women in land issues, efforts are re- ing positions, should be recruited to the recovery quired to educate and disseminate information from the and reconstruction teams to ensure that affected start of the recovery operations. women voices are heard and their needs and con- cerns dealt with. This is also critical for the success Recommendations to reform adat and local institutions of rehabilitation efforts. In addition, the staff needs can easily be dismissed as unfeasible or centrist social to be trained in gender-sensitive aspects of the re- engineering and meddling in well-established social covery and reconstruction process. structures. Indeed, it could be argued that the com- plexity of adat traditions and social customs in Aceh is such that nothing should be done. According to this view, current adat and other practices are sufficient to Specific policy recommendations to Support meet gender parity in property rights. However, as the field-Level implementation study has shown, this was not the case. Supporting this view would merely entrench women in the hands of the NN Measures should be put in place from the begin- male leaders and relatives and insufficiently informed ning of the emergency, through the relief and re- geuchiks and local leaders. Therefore, there is a need to covery process to integrate checklists for gender- increase the focus on capacity-building of women and sensitive, rapid assessments. This should result women leaders in the community so that they are bet- in developing immediate measures to enhance ter able to understand and facilitate the change process, women’s access to assistance and enable them to particularly with regard to removing the barriers to recover their assets and feel secure. This should also women’s participation. It is important that political will eliminate social isolation of women and reduce the 110 S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H risk factors associated with the social dislocation examined and strengthened to ensure that the ca- caused by the disaster. Effort should be made to pacity of village-level administration is adequate to gather and analyze gender-disaggregated data protect community rights and promote gender eq- so that appropriate measures to protect land and uity. This should include community participation property rights of women are put in place and used in compulsory social assessment of areas affected, as a tool for land governance. particular issues confronted by women, as well as NN The work of aid agencies, NGOs and other non- an open discussion on the findings and conclu- government institutions should be coordinated sions with the community before further steps are and the support network for recovery and restora- initiated to design and implement a reconstruction tion of land rights enlarged, with particular atten- or development plan. tion to women and vulnerable groups and to so- cialize on joint titling options for marital property. The continued primacy of adat practices and local tra- At the same time, coordinated efforts should also ditions demands that a balance be established and an be made to work at the national level to support interface built between formal and informal systems and enhance upward accountability and main- of land administration. This should integrate the so- stream gender concerns in reconstruction work. cial and cultural factors and enhance social accessibil- NN Measures are required to enhance representation ity, authority, and legitimacy of the informal processes, of women in traditional and village-level institu- thereby building upward and downward accountability. tions. The provincial government should expand on recent innovations requiring women to be rep- If the letter of the law is to be implemented in spirit, resented in adat committees by stipulating mini- strong political will is a critical component because en- mum levels of women’s participation in all com- trenched male-bias and patriarchal norms need to be mittees and institutions, including recovery and uprooted. This is particularly important to enhance reconstruction operations. women’s rights to land in the case of post-disaster re- covery and reconstruction work. develop capacity and facilitate changes at the Areas for Follow-up and Further Research NN Gender concerns are often perceived to be cultur- Local Level ally confrontational, and hence there is a need to NN Specific training programs on women’s property localize gender-sensitive interventions. Therefore, rights, mainstreaming gender concerns, and docu- research is required into gender-sensitive norms mentation of experiences are needed for all ma- and traditions in the local culture (and in land and jor actors in the relief and reconstruction effort. property rights). In particular, there should be compulsory training, NN Research and documentation of gender and land accreditation, and periodic refresher programs for issues in other provinces (or traditions) of Indo- geuchiks, camats, adat, and local leaders on land af- nesia are urgently needed, particularly in areas at fairs and gender concerns. high risk from natural disasters. This should in- NN Legal literacy programs targeting the geuchiks, lo- clude identifying measures required for the estab- cal leaders, and local institutions should be estab- lishment of gender-specific data bases and moni- lished to orient them regarding land-related poli- toring their implementation (including archiving) cies, rights of women, adat practices, and Islamic and management at all levels. principles in their area, including matters such as NN Explore opportunities for strengthening local inheritance, guardianship, and family agreements governments’ capacity in land administration and on property sharing. NGOs and civil society management and measures required to enhance groups should also be oriented on these aspects. them. NN As the reconstruction programs trigger the de- NN Explore opportunities for mainstreaming and mand for land, the existing safeguards should be strengthening the interface between adat and S t u d y o n G e n d e r i m pa c t S o f L a n d t i t L i n G i n p o S t - t S u n a m i a c e H 111 formal systems, particularly with reference to and facilitate the change process, particularly with re- women’s property rights and in addressing gen- gard to removing the barriers to women’s participation. der concerns. It is important that political will at the national level is NN Explore the potential for expanding the CLM ap- galvanized to ensure that legislation within and across proach to other conditions and situations so that sectors is coherent with regard to gender equity. The community-based and gender-focused initiatives national-level government agencies need to disseminate are internalized within government agencies. and communicate on gender strategy in a user-friendly and positive way, building on good practices. The mea- Taken together, the effects of conflicting legislation, of- sures should identify simple and field-relevant practices ten the result of political struggles and interests, and that can be easily understood by informal and formal the lack of political will to adequately address gender institutions and their staff. If the letter of the law is to inequities and bias are major barriers in addressing the be implemented in spirit, strong political will is a criti- needs and rights of women in postdisaster situations. cal component because entrenched male-bias and patri- In this regard, there is a need to increase the focus on archal norms need to be uprooted. 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Adat Land Law: Ownership, Control Pat- June 2005. “Gender Issues and Best Practices in Land tern and the Former and Present Mode of Using Land Administration Projects.” Synthesis Report. Wash- according to Aceh Adat), Banda Aceh: PDIA. ington, DC: World Bank. Sullivan N. 1995. Masters and Managers: The Study of World Bank. 2008 Aceh Poverty Assessment 2008: The Im- Gender Relations in Urban Java. Paul and Consortium. pact of the Conflict, the Tsunami and Reconstruction on Ter Haar Bzn, B. 1994. Principles and Structure of Adat Poverty in Aceh. Washington, DC: World Bank. Law. Jakarta: PT. Pradnya Paramita. World Bank. September 2008. “Vietnam: Analysis of the Tjitrosudibio, R., and R. Subekti. 1995. Kitab Undang- Impact of Land Tenure Certificates with Both Names undang Hukum Perdata: Burgerlijk Wetboek (Dutch of Wife and Husband.” Final Report. Hanoi: World Civil Code). Jakarta: Pradnya Paramita. Bank. United Nations Development Programme (UNDP). World Bank. 2008. “Aceh Economic Update November, October 2006. Access to Justice: Making the Transi- 2008. Mimeo. Indonesia. 116 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Documents and Reports Specifically Related to Postdisaster Media Reports Systematic Titling Program A general review of all published media information BPN and RALAS Progress Reports (monthly and quar- was carried out and details and discussions with stake- terly). holders summarized in Section 4.7. The specific refer- World Bank. June 2005. RALAS Project Appraisal Docu- ences cited were: ment (PAD). World Bank. 2005. RALAS Grant Agreement. NN Serambi, Banda Aceh, October 1, 2009. RALAS. 2005. Community Adjudication Manual (CDA). NN The Jakarta Post, Jakarta, April 16, 2009. World Bank. November 2006. Report of a technical mis- NN Reuters and other international wire agencies sion on records management and legal aspects of the titling program of the RALAS project, and Report of (April 16, 2009). These reports were on the closure a technical mission on adjudication and titling pro- of BRR, the reconstruction body in Aceh, after gram of the RALAS project. four years in 2009. World Bank. March 2009. Project Implementation and Beneficiary Assessment (PIBA) of RALAS Program in Aceh. 117 additional charts and graphics Figure A.1 Figure A.2 Reasons for giving land to daughters through inheritance Daughters need independence 0.268722467 from husbands household 0.379518072 men 0.303964758 Daughters take care of parents 0.325301205 women 0.427312775 Daughters need to be cared for 0.295180723 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 0.4 0.45 Sampling size Men 166, Women 227 118 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Figure A.3 Reasons for not being able to give land to daughters through inheritance No idea 0.13 0.68 Unclear formula for division 0.29 0.14 Too many daughters in a family 0.24 women 0.11 Too complicated 0.21 men 0 Brothers or other male rela ves 0.13 unwilling to share 0.07 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 Sampling size Men 166 Women 227 Figure A.4 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 119 Figure A.5 Figure A.6 120 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Figure A.7 Awareness on obliga ons of guardians under Shariah laws on protec on of minors Yes, 0.91 Not sure, 0.09 Figure A.8 Will you recommend other landholders to formally register their property? Sample size : men 236 rspondent women 319 respondent 0.137931034 Don't Know 0.11440678 Women 0.119122257 No Men 0.203389831 0.742946708 Yes 0.68220339 0 0.2 0.4 0.6 0.8 1 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 121 Figure A.9 Reasons for not recommending other landholders to formally register their holding Sample size : men 48 respondent, women 38 respondent Too early to see 0.289473684 benefit 0.291666667 Not useful in the 0.157894737 Women future 0.333333333 Men Cumbersome and 0.552631579 difficult process 0.375 0 0.2 0.4 0.6 0.8 1 Figure A.10 Reasons for trus ng the Shariah court system on land ma ers Others (marital type 0.171806167 dispute) 0.162650602 0.370044053 Inheritance Women 0.36746988 Men 0.45814978 Marriage/ Divorce 0.469879518 0 0.2 0.4 0.6 0.8 1 Sampling size Men 166, women 227 122 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Figure A.11 Figure A.12 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 123 Figure A.13 125 appendices Appendix 1. List of Study Villages Appendix 2. Names of Persons Interviewed Appendix 3. List of Villages Where FGDs Were Conducted Appendix 4. Names of geuchiks Interviewed Appendix 5. Names of Persons and Institutions Interviewed Appendix 6. Names of NGOs Interviewed Appendix 7. Names of Indonesian Government/BPN Adjudication Team Appendix 8. Names of FGD Participants 126 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 1. list of study Villages Name of the Village/ Kabupaten / No. Subdistrict Geuchik’s Name Community BAndA ACeH  1 gampong Jawa Kuta raja sulaiman ahmad  2 dayah Baro meuraxsa ibnu sakdan  3 gampong pie meuraxsa amiruddin Juned ACeH BeSAr  4 Klieng meuria Baitussalam yusri  5 lam manyang peukan Bada ridwan  6 miruek taman darussalam Zamri  7 Krueng lam Krueng indrapuri abdullah pidie  8 siblah coh ulim sulaiman  9 lancang Kembang tanjung maimun Bireuen  10 Blang Kubu peudada sulaiman  11 matang pasi peudada ali Basyah  12 Kuala Jeumpa Blang Bladeh maimun LHOK SeuMAWe  13 Kuala meuraksa Blang mangat m. nasir n.  14 Keude peuntet Blang mangat nurdin hasan  15 ule Jalan Banda sakti abubakar, s. h.  16 ulee Blang manne Blang mangat m. nasir  17 ujong Blang Banda sakti t. Basyir husaini  18 Blang crum muara dua marhaban ACeH uTArA  19 meunasah lhok muara Batu iqbal abdullah  20 Kuta Krueng samudera fauzi  21 teupin Kuyun seunuddon harimuddin ali  22 pulo Blang asan syamtalira aron abdullah abbas  23 Bangka Jaya dewantara h. razali h. m. sanif  24 paloh gadeng dewantara nurdin (sekdes) ACeH TiMur  25 Blang glumpang idi mustafa  26 seunebok rambong idi hasan, a. B.  27 alue Bugeng peureulak azhar  28 seuneubok punti peureulak muhammad amin  29 lhok Bani langsa Barat m. ayub ACeH JAYA  30 lhok timon setia Bakti abdullah, spd  31 gampong Baroe teunom abd. halim  32 rumpit – abdullah (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 127 Appendix 1. list of study Villages (continued) Name of the Village/ Kabupaten / No. Subdistrict Geuchik’s Name Community ACeH BArAT  33 suak nie Johan pahlawan tgk. ramadhan a. B.  34 lhok Bubon samatiga husaini nAgAn rAYA  35 Kuala tuha Kuala pesisir hamdan  36 purworejo Kuala sugiran ACeH BArAT dAYA  37 gampong pinang susoh m. yani  38 rumah panjang susoh dasrul ACeH SeLATAn  39 Kuta Blang samadua tamlika  40 limo purut K. fajar Kluet utara tgk. hasbi ibrahim SingKiL  41 gostel timur singkil utara amril harahap  42 lae pinang singkohor lanjar purnomo SiMeuLue  43 maudil teupah Barat Kasmuridin (Imeum Meunasah)  44 inor teupah Barat Khaidin (Imeum Mukim)  45 Kebon baru teupah selatan sulmar  46 latiung teupah selatan sahwan masarah  47 la Buah simeulue timur laksani/rasni (beneficiaries) 128 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 2. names of persons interviewed No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 1 rasyidah f suak nie Johan pahlawan aceh Barat 2 muslem B m suak nie Johan pahlawan aceh Barat 3 abubakar m m suak nie Johan pahlawan aceh Barat 4 marnidhar f suak nie Johan pahlawan aceh Barat 5 suardi saleh m suak nie Johan pahlawan aceh Barat 6 Jariah Zamil f suak nie Johan pahlawan aceh Barat 7 hendri maulidar m suak nie Johan pahlawan aceh Barat 8 Badrun m suak nie Johan pahlawan aceh Barat 9 mukhtar m suak nie Johan pahlawan aceh Barat 10 nurbaiti f suak nie Johan pahlawan aceh Barat 11 hj. nurhayati f suak nie Johan pahlawan aceh Barat 12 nurhayati ahmad f suak nie Johan pahlawan aceh Barat 13 Kasumah f samudra Johan pahlawan aceh Barat 14 Kurnia fajar m lhok Bubon samatiga aceh Barat 15 yusniar f lhok Bubon samatiga aceh Barat 16 cut ainal mardhiah f lhok Bubon samatiga aceh Barat 17 salman husein m lhok Bubon samatiga aceh Barat 18 nyak maneh f lhok Bubon samatiga aceh Barat 19 nuraini f lhok Bubon samatiga aceh Barat 20 t. syahbuddin m lhok Bubon samatiga aceh Barat 21 yuswar m lhok Bubon samatiga aceh Barat 22 herwanto m lhok Bubon samatiga aceh Barat 23 mahdi m lhok Bubon samatiga aceh Barat 24 rahma f lhok Bubon samatiga aceh Barat 25 amani m lhok Bubon samatiga aceh Barat 26 ahmad saifuddin m pinang susoh aceh Barat daya 27 safrizal m pinang susoh aceh Barat daya 28 hayatun f pinang susoh aceh Barat daya 29 susi ariyanti f pinang susoh aceh Barat daya 30 nurjanah f pinang susoh aceh Barat daya 31 armiati f pinang susoh aceh Barat daya 32 mursyidah f pinang susoh aceh Barat daya 33 mursalin m pinang susoh aceh Barat daya 34 nurjamali f pinang susoh aceh Barat daya 35 nurjamali f pinang susoh aceh Barat daya 36 donisah f rumah panjang susoh aceh Barat daya 37 yusmiati f rumah panjang susoh aceh Barat daya 38 yusi f rumah panjang susoh aceh Barat daya 39 Zahlul amri m rumah panjang susoh aceh Barat daya 40 azahari ali m rumah panjang susoh aceh Barat daya 41 yasni f rumah panjang susoh aceh Barat daya 42 nurbaiti f rumah panjang susoh aceh Barat daya 43 asriadi m rumah panjang susoh aceh Barat daya (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 129 Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 44 hendra m rumah panjang susoh aceh Barat daya 45 syarifuddin m rumah panjang susoh aceh Barat daya 46 Khairina f rumah panjang susoh aceh Barat daya 47 yusriati f lam manyang peukan Bada aceh Besar 48 azhari abdurrahman m lambada peukan  peukan Bada aceh Besar 49 usman ar m Kajhu  peukan Bada aceh Besar 50 arnif m Klieng meuria Baitussalam aceh Besar 51 syazidin m Klieng meuria Baitussalam aceh Besar 52 roswati f Klieng meuria Baitussalam aceh Besar 53 Juairiyah f Klieng meuria Baitussalam aceh Besar 54 fitriah f Klieng meuria Baitussalam aceh Besar 55 irawati f Klieng meuria Baitussalam aceh Besar 56 Kasturi f Klieng meuria Baitussalam aceh Besar 57 dedi Wahyudi m Klieng meuria Baitussalam aceh Besar 58 roswati f Klieng meuria Baitussalam aceh Besar 59 Zuhrawati f Klieng meuria Baitussalam aceh Besar 60 Basri m Klieng meuria Baitussalam aceh Besar 61 nova nurmalawati f Klieng meuria Baitussalam aceh Besar 62 yuslinawati f Klieng meuria Baitussalam aceh Besar 63 rusnidar f Klieng meuria Baitussalam aceh Besar 64 rusmini f miruek taman darussalam aceh Besar 65 nuraini f miruek taman darussalam aceh Besar 66 cut intan f miruek taman darussalam aceh Besar 67 rasyia f miruek taman darussalam aceh Besar 68 yuridin m miruek taman darussalam aceh Besar 69 nurismi f miruek taman darussalam aceh Besar 70 yunita f miruek taman darussalam aceh Besar 71 roswati f miruek taman darussalam aceh Besar 72 cut nurlaili f miruek taman darussalam aceh Besar 73 lis f lambada lhok darussalam aceh Besar 74 cut laiyan f Japakeh  darul imarah aceh Besar 75 umar m gampong cot  darul imarah aceh Besar 76 sufiayani f gampong cot  darul imarah aceh Besar 77 rosmiati y. f lhok timon setia Bakti aceh Jaya 78 muhammad m lhok timon setia Bakti aceh Jaya 79 aminah f lhok timon setia Bakti aceh Jaya 80 syahriati f lhok timon setia Bakti aceh Jaya 81 nurbaidah f lhok timon setia Bakti aceh Jaya 82 murhaibah f lhok timon setia Bakti aceh Jaya 83 Bungsu Johari f lhok timon setia Bakti aceh Jaya 84 Zasmah f lhok timon setia Bakti aceh Jaya 85 yusnan m gampong Baro teunom aceh Jaya 86 salmadi m gampong Baro teunom aceh Jaya (continued) 130 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 87 samaini f gampong Baro teunom aceh Jaya 88 abidah f gampong Baro teunom aceh Jaya 89 ainun mardhiah f gampong Baro teunom aceh Jaya 90 aminah f gampong Baro teunom aceh Jaya 91 yusnidar f gampong Baro teunom aceh Jaya 92 yusnan f gampong Baro teunom aceh Jaya 93 samaini f gampong Baro teunom aceh Jaya 94 abidah f gampong Baro teunom aceh Jaya 95 anita f gampong Baro teunom aceh Jaya 96 aminuddin m limo purut Kota fajar Kluet utara aceh selatan 97 martunis m limo purut Kota fajar Kluet utara aceh selatan 98 abu samah m limo purut Kota fajar Kluet utara aceh selatan 99 marhaban m limo purut Kota fajar Kluet utara aceh selatan 100 azhar m limo purut Kota fajar Kluet utara aceh selatan 101 maria ulva f limo purut Kota fajar Kluet utara aceh selatan 102 misbahul Zannah f limo purut Kota fajar Kluet utara aceh selatan 103 mideun m limo purut Kota fajar Kluet utara aceh selatan 104 tgk. abdullah h. m limo purut Kota fajar Kluet utara aceh selatan 105 yusni f limo purut Kota fajar Kluet utara aceh selatan 106 fazli sahmi m limo purut Kota fajar Kluet utara aceh selatan 107 Zubaidah f limo purut Kota fajar Kluet utara aceh selatan 108 masni m Kuta Blang samadua aceh selatan 109 nurhayati f Kuta Blang samadua aceh selatan 110 arkadius m Kuta Blang samadua aceh selatan 111 rusni f Kuta Blang samadua aceh selatan 112 ahmad Basri m Kuta Blang samadua aceh selatan 113 arahnidar m Kuta Blang samadua aceh selatan 114 rusleni f Kuta Blang samadua aceh selatan 115 h. Zaenuddin m Kuta Blang samadua aceh selatan 116 mursibah f gostel timur singkil utara aceh singkil 117 mitani f gostel timur singkil utara aceh singkil 118 sarah f gostel timur singkil utara aceh singkil 119 sumarni f gostel timur singkil utara aceh singkil 120 hj nurlian f gostel timur singkil utara aceh singkil 121 Jusnidar f gostel timur singkil utara aceh singkil 122 nurhayati f gostel timur singkil utara aceh singkil 123 sandrina f gostel timur singkil utara aceh singkil 124 rasyidin m lae - pinang singkohor aceh singkil 125 siti asminar f lae - pinang singkohor aceh singkil 126 ida f lae - pinang singkohor aceh singkil 127 murniati f lae - pinang singkohor aceh singkil 128 h. ralil m lae - pinang singkohor aceh singkil 129 rasyidin m lae - pinang singkohor aceh singkil 130 tedek sinaga m lae - pinang singkohor aceh singkil (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 131 Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 131 azhar m alue Bugeng peurelak aceh timur 132 djakfar abidin m alue Bugeng peurelak aceh timur 133 surti f alue Bugeng peurelak aceh timur 134 elisa siregar f alue Bugeng peurelak aceh timur 135 yustina f alue Bugeng peurelak aceh timur 136 nuraini f alue Bugeng peurelak aceh timur 137 m. ridwan m alue Bugeng peurelak aceh timur 138 laksani f alue Bugeng peurelak aceh timur 139 rasni f alue Bugeng peurelak aceh timur 140 lina f alue Bugeng peurelak aceh timur 141 aminah f alue Bugeng peurelak aceh timur 142 anwar m Blang glumpang idi aceh timur 143 yusuf ali m Blang glumpang idi aceh timur 144 mariani f Blang glumpang idi aceh timur 145 Juairiyah f Blang glumpang idi aceh timur 146 nurma f Blang glumpang idi aceh timur 147 abdullah m Blang glumpang idi aceh timur 148 mariani f Blang glumpang idi aceh timur 149 yunus m Blang glumpang idi aceh timur 150 mawiyah f Blang glumpang idi aceh timur 151 suriani f Blang glumpang idi aceh timur 152 haflah f seunebok rambong idi aceh timur 153 murtala m seunebok rambong idi aceh timur 154 abd. Kasim m seunebok rambong idi aceh timur 155 Basri m seunebok rambong idi aceh timur 156 hasballah m seunebok rambong idi aceh timur 157 asmah hasan f seunubok rambong idi aceh timur 158 erni f seunubok rambong idi aceh timur 159 Jalaluddin m seuneubok rambong idi aceh timur 160 muchtar ubit. m seuneubok rambong idi aceh timur 161 abduh abdullah m seuneubok rambong idi aceh timur 162 maryani f seuneubok rambong idi aceh timur 163 halimah uswa f seuneubok rambong idi aceh timur 164 Weni f Bangka Jaya dewantara aceh utara 165 aisyah f Bangka Jaya dewantara aceh utara 166 nilawati f Bangka Jaya dewantara aceh utara 167 m. ayub m Bangka Jaya dewantara aceh utara 168 sulmar m Bangka Jaya dewantara aceh utara 169 Zulfikar m Bangka Jaya dewantara aceh utara 170 hendra m Bangka Jaya dewantara aceh utara 171 sahwan masarah m Bangka Jaya dewantara aceh utara 172 nilawati f Bangka Jaya dewantara aceh utara 173 osma f Bangka Jaya dewantara aceh utara 174 nurdin m paloh gading dewantara aceh utara (continued) 132 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 175 ernawati f paloh gading dewantara aceh utara 176 siti fatimah f paloh gading dewantara aceh utara 177 cut erly f paloh gading dewantara aceh utara 178 siti chotimah f paloh gading dewantara aceh utara 179 siti masyitoh f paloh gading dewantara aceh utara 180 hamdi m paloh gading dewantara aceh utara 181 muslim m teupin Kuyun seunoddon aceh utara 182 muslimah f teupin Kuyun seunoddon aceh utara 183 djakfar muslim m teupin Kuyun seunoddon aceh utara 184 t. hanifah m teupin Kuyun seunoddon aceh utara 185 cut erliana f teupin Kuyun seunoddon aceh utara 186 hasdiana f teupin Kuyun seunoddon aceh utara 187 hasballah m teupin Kuyun seunoddon aceh utara 188 m. lutfi m teupin Kuyun seunoddon aceh utara 189 muhammad adnan m teupin Kuyun seunoddon aceh utara 190 solichah f teupin Kuyun seunoddon aceh utara 191 salamah f teupin Kuyun seunoddon aceh utara 192 hasan syam m teupin Kuyun seunoddon aceh utara 193 Barinsyah m teupin Kuyun seunoddon aceh utara 194 Zulkifli m teupin Kuyun seunoddon aceh utara 195 ramlah f Kuta Krueng samudera aceh utara 196 mukhtaruddin m Kuta Krueng samudera aceh utara 197 nur dian f Kuta Krueng samudera aceh utara 198 maryam f Kuta Krueng samudera aceh utara 199 Zakaria amin m Kuta Krueng samudera aceh utara 200 nasruddin syah m Kuta Krueng samudera aceh utara 201 nur azizah f Kuta Krueng samudera aceh utara 202 Kasumah f Kuta Krueng samudera aceh utara 203 rubiah f Kuta Krueng samudera aceh utara 204 Juwariyah f Kuta Krueng samudera aceh utara 205 nuraini f Kuta Krueng samudera aceh utara 206 nurmala f Kuta Krueng samudera aceh utara 207 sofyan mahdi m gampong Jawa Kuta raja Banda aceh 208 mahdi harun m gampong Jawa Kuta raja Banda aceh 209 ernawati f gampong Jawa Kuta raja Banda aceh 210 tauhidiyah f gampong Jawa Kuta raja Banda aceh 211 muzakir m gampong Jawa Kuta raja Banda aceh 212 hendri permana m gampong Jawa Kuta raja Banda aceh 213 m. shaleh taher m gampong Jawa Kuta raja Banda aceh 214 rubama f gampong Jawa Kuta raja Banda aceh 215 m. isa m gampong Jawa Kuta raja Banda aceh 216 syarwan m gampong Jawa Kuta raja Banda aceh 217 yuni f gampong Jawa Kuta raja Banda aceh 218 Zainuddin m gampong Jawa Kuta raja Banda aceh (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 133 Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 219 syukri m gampong Jawa Kuta raja Banda aceh 220 irmawati f gampong Jawa Kuta raja Banda aceh 221 abubakar aziz m gampong Jawa Kuta raja Banda aceh 222 murdisyah m dayah Baro meuraxsa Banda aceh 223 tgk. h. abdullah m lam ara Banda raya Banda aceh 224 Wahyudi m dayah Baro meuraxsa Banda aceh 225 iwan arsyad m dayah Baro meuraxsa Banda aceh 226 afrizal m dayah Baro meuraxsa Banda aceh 227 nurjati f dayah Baro meuraxsa Banda aceh 228 nuzul fadli m dayah Baro meuraxsa Banda aceh 229 rohani f dayah Baro meuraxsa Banda aceh 230 hj. raliyah f dayah Baro meuraxsa Banda aceh 231 anisah f dayah Baro meuraxsa Banda aceh 232 maksalina m dayah Baro meuraxsa Banda aceh 233 yuslaini f dayah Baro meuraxsa Banda aceh 234 ersi f dayah Baro meuraxsa Banda aceh 235 Zubaidah f dayah Baro meuraxsa Banda aceh 236 ainiyah f matang pasi peudada Bireuen 237 nursyiah f matang pasi peudada Bireuen 238 aisyah f Kuala Jeumpa Blang Bladeh Bireuen 239 nursimah f Kuala Jeumpa Blang Bladeh Bireuen 240 nilawati f Kuala Jeumpa Blang Bladeh Bireuen 241 nasruddin m Kuala Jeumpa Blang Bladeh Bireuen 242 Jamaluddin m Kuala Jeumpa Blang Bladeh Bireuen 243 Zulkifli m Kuala Jeumpa Blang Bladeh Bireuen 244 ramli m Kuala Jeumpa Blang Bladeh Bireuen 245 ishak m Kuala Jeumpa Blang Bladeh Bireuen 246 ramlah f Kuala Jeumpa Blang Bladeh Bireuen 247 ishak m Kuala Jeumpa Blang Bladeh Bireuen 248 ramlah f Kuala Jeumpa Blang Bladeh Bireuen 249 razali affan m Kuala Jeumpa Blang Bladeh Bireuen 250 nurmasyithah f Kuala Jeumpa Blang Bladeh Bireuen 251 meliyana f Kuala Jeumpa Blang Bladeh Bireuen 252 abu Bakar sulaiman m Kuala Jeumpa Blang Bladeh Bireuen 253 azhari m Blang Kubu peudada Bireuen 254 samsudin m Blang Kubu peudada Bireuen 255 ilyas m Blang Kubu peudada Bireuen 256 marlina f Blang Kubu peudada Bireuen 257 nurhayati f Blang Kubu peudada Bireuen 258 nur naimi f Blang Kubu peudada Bireuen 259 ishak m Blang Kubu peudada Bireuen 260 ramlah f Blang Kubu peudada Bireuen 261 Zulkifli m Blang Kubu peudada Bireuen 262 saifuddin m Blang Kubu peudada Bireuen (continued) 134 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 263 m. yasin hanafiah m Blang Kubu peudada Bireuen 264 m. isa adam m Blang Kubu peudada Bireuen 265 tarwiyah f Blang Kubu peudada Bireuen 266 ilyas m Blang teumeulek simpang mamplam Bireuen 267 amril m ulee Jalan Banda sakti lhok seumawe 268 t. abdul Khidir m ulee Jalan Banda sakti lhok seumawe 269 m. idris m ulee Jalan Banda sakti lhok seumawe 270 rohana f ulee Jalan Banda sakti lhok seumawe 271 fitriana f ulee Jalan Banda sakti lhok seumawe 272 Zainuddin m ulee Jalan Banda sakti lhok seumawe 273 firman m ulee Jalan Banda sakti lhok seumawe 274 usman m ulee Jalan Banda sakti lhok seumawe 275 m. ali m ulee Jalan Banda sakti lhok seumawe 276 munawaroh f ulee Jalan Banda sakti lhok seumawe 277 cut putri f ulee Jalan Banda sakti lhok seumawe 278 cut erni f ulee Jalan Banda sakti lhok seumawe 279 t. Basyir musain m ujong Blang Banda sakti lhok seumawe 280 sakban m ujong Blang Banda sakti lhok seumawe 281 ramadhan m ujong Blang Banda sakti lhok seumawe 282 erna f ujong Blang Banda sakti lhok seumawe 283 haslinda f ujong Blang Banda sakti lhok seumawe 284 hasnidar f ujong Blang Banda sakti lhok seumawe 285 muhammad saragih m ujong Blang Banda sakti lhok seumawe 286 murdani m Blang crum muara Batu lhok seumawe 287 Zubaidah f Blang crum muara Batu lhok seumawe 288 abdurrahman m Blang crum muara Batu lhok seumawe 289 cut yuni f Blang crum muara Batu lhok seumawe 290 Zulfahmi m Blang crum muara Batu lhok seumawe 291 ramli m Blang crum muara Batu lhok seumawe 292 Zulhenny f Blang crum muara Batu lhok seumawe 293 razali m Blang crum muara Batu lhok seumawe 294 linawati f Blang crum muara Batu lhok seumawe 295 cut farida f Blang crum muara Batu lhok seumawe 296 t. Johan m Blang crum muara Batu lhok seumawe 297 putriyasa f Blang crum muara Batu lhok seumawe 298 Zuraida f Blang crum muara batu lhok seumawe 299 nurmala f Blang crum muara batu lhok seumawe 300 muslim m Keude peuntet Blang mangat lhok seumawe 301 t. nazib m Keude peuntet Blang mangat lhok seumawe 302 cut Zahrawati f Keude peuntet Blang mangat lhok seumawe 303 dinda f Keude peuntet Blang mangat lhok seumawe 304 ti arfah f Keude peuntet Blang mangat lhok seumawe 305 fahrul m Keude peuntet Blang mangat lhok seumawe (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 135 Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 306 idrus ali m Keude peunteut Blang mangat lhok seumawe 307 maryam f Keude peunteut Blang mangat lhok seumawe 308 Bachtiar yusuf m Keude peunteut Blang mangat lhok seumawe 309 nurbaiti hanum f Keude peunteut Blang mangat lhok seumawe 310 rasyidin m Kuala meuraksa Blang mangat lhok seumawe 311 Juraidah f Kuala meuraksa Blang mangat lhok seumawe 312 yusra m Kuala meuraksa Blang mangat lhok seumawe 313 nurhayati f Kuala meuraksa Blang mangat lhok seumawe 314 Zubaidah f Kuala meuraksa Blang mangat lhok seumawe 315 ilyas m Kuala meuraksa Blang mangat lhok seumawe 316 Zaman huri m Kuala meuraksa Blang mangat lhok seumawe 317 Baiduri f Kuala meuraksa Blang mangat lhok seumawe 318 tgk.hanafi m Kuala meuraksa Blang mangat lhok seumawe 319 hafsah f Kuala meuraksa Blang mangat lhok seumawe 320 syarifah f Kuala meuraksa Blang mangat lhok seumawe 321 abdul gani m Kuala meuraksa Blang mangat lhok seumawe 322 Badriah f Kuala meuraksa Blang mangat lhok seumawe 323 maimunah f Kuala meuraksa Blang mangat lhok seumawe 324 hasanah f meunasah lhok Blang mangat lhok seumawe 325 marhamah f meunasah lhok Blang mangat lhok seumawe 326 muzakir m meunasah lhok Blang mangat lhok seumawe 327 Zainal arifin m meunasah lhok Blang mangat lhok seumawe 328 Jamaluddin m meunasah lhok Blang mangat lhok seumawe 329 maulita f meunasah lhok Blang mangat lhok seumawe 330 nurtati f meunasah lhok Blang mangat lhok seumawe 331 Zulkifli m meunasah lhok Blang mangat lhok seumawe 332 nurbasyariah f meunasah lhok Blang mangat lhok seumawe 333 nurlailawati f meunasah lhok Blang mangat lhok seumawe 334 rukiah sulaiman f meunasah lhok Blang mangat lhok seumawe 335 tukimin m purworejo Kuala nagan raya 336 selan m purworejo Kuala nagan raya 337 ruminah f purworejo Kuala nagan raya 338 megawati f purworejo Kuala nagan raya 339 ratinah f purworejo Kuala nagan raya 340 sugiarti f purworejo Kuala nagan raya 341 suryadi m purworejo Kuala nagan raya 342 suprapti f purworejo Kuala nagan raya 343 runtah f purworejo Kuala nagan raya 344 Kansiani f purworejo Kuala nagan raya 345 mulyadi m purworejo Kuala nagan raya 346 Jumiatun f purworejo Kuala nagan raya 347 Jumike m purworejo Kuala nagan raya 348 Bambang suwetno m purworejo Kuala nagan raya (continued) 136 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 349 nurhayati f Kuala tuha Kuala pesisir nagan raya 350 sumarni f Kuala tuha Kuala pesisir nagan raya 351 abdul Wahab m m Kuala tuha Kuala pesisir nagan raya 352 sugirman m Kuala tuha Kuala pesisir nagan raya 353 Zahara f Kuala tuha Kuala pesisir nagan raya 354 nurma f Kuala tuha Kuala pesisir nagan raya 355 nuraini f Kuala tuha Kuala pesisir nagan raya 356 pawang ali m Kuala tuha Kuala pesisir nagan raya 357 nuriana f Kuala tuha Kuala pesisir nagan raya 358 Buchari m Kuala tuha Kuala pesisir nagan raya samsudin gelanggang merak suak puntong nagan raya 359 norma f lancang Kembang tanjung pidie 360 abdullah ahmad m lancang Kembang tanjung pidie 361 sakdiah f lancang Kembang tanjung pidie 362 lamuddin m lancang Kembang tanjung pidie 363 ismail m lancang Kembang tanjung pidie 364 gusti Wati f lancang Kembang tanjung pidie 365 Zakaria m lancang Kembang tanjung pidie 366 Khatijah f lancang Kembang tanjung pidie 367 erna f lancang Kembang tanjung pidie 368 latifah f lancang Kembang tanjung pidie 369 faridah f siblah coh ulim pidie 370 Baniyah f siblah coh ulim pidie 371 Jafar ishak m siblah coh ulim pidie 372 tgk. murdani m siblah coh ulim pidie 373 fatimah f siblah coh ulim pidie 374 muhammad is m siblah coh ulim pidie 375 nurkeumala f siblah coh ulim pidie 376 helmi usman m siblah coh ulim pidie 377 nursiah f siblah coh ulim pidie 378 Baniyah f siblah coh ulim pidie 379 nurdiana/tarmizi f/m siblah coh ulim pidie 380 nurasiah f siblah coh ulim pidie 381 m. daud m siblah coh ulim pidie 382 aminah f siblah coh ulim pidie 383 ruhamah f siblah coh ulim pidie 384 hasbullah m pasie peukan Baro sigli pidie 385 ernita f pasie peukan Baro sigli pidie 386 ramla f pasie peukan Baro sigli pidie 387 Kamariah f maudil teupah Barat simeulue 388 sarni f maudil teupah Barat simeulue 389 nurlela f maudil teupah Barat simeulue 390 nurdah f maudil teupah Barat simeulue (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 137 Appendix 2. names of persons interviewed (continued) No. Name M/F Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 391 nini harlina f maudil teupah Barat simeulue 392 nor asmalia f inor teupah Barat simeulue 393 ramiah f inor teupah Barat simeulue 394 melina f inor teupah Barat simeulue 395 helmidar f inor teupah Barat simeulue 138 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 3. list of Villages Where fgds Were conducted No Village (Desa) Subdistrict (Kecamatan) District (Kabupaten) 1 suak nie Johan pahlawan aceh Barat 2 lhok Bubon samatiga aceh Barat 3 pinang susoh aceh Barat daya 4 Klieng meriah Baitusalam aceh Besar 5 lam manyang peukan Bada aceh Besar 6 gampong Baroe teunom aceh Jaya 7 Kuta Blang samadua aceh selatan 8 gostel timur singkil utara aceh singkil 9 Blang glumpang idi rayeuk aceh timur 10 meunasah lhok muara Batu aceh utara 11 Kuta Krueng samudra aceh utara 12 Jawa Kuta raja Banda aceh 13 dayah Baro meuraxa Banda aceh 14 Kuala Jeumpa Jeumpa Bireuen 15 Blang Kubu peudada Bireuen 16 lhok timon setia Bakti calang 17 Kuala meuraxa Blang mangat Kota lhok seumawe 18 purworejo Kuala nagan raya 19 Kuala tuha Kuala pesisir nagan raya 20 gajah aye Batee pidie 21 lancang Kembang tanjong pidie 22 pasie lhok Kembang tanjong pidie 23 siblah coh ulim tenong pidie s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 139 Appendix 4. names of geuchiks interviewed (primary respondents) No Name Phone Village (Desa) 1 mustafa   Blang glumpang 2 m. nasir h. idris   Blang Kubu 3 marzuki  62-(0)852-77937498 cot mesjid, aceh Barat 4 abd. halim   gampong Baro 5 ibnu sakdan   gampong dayah Baro 6 sulaiman ahmad   gampong Jawa 7 amiruddin Juned 62-(0)813-60020303 gampong pie, Banda aceh 8 amril harahap   gostel timur 9 m. yani   gp. pinang 10 usman a. r.   Kajhu 11 nurdin hasan 62-(0)852-77456539 Keude peuntet 12 yusri   Klieng meuria 13 sukirman abd. rahman Kuala Jeumpa 14 m. nasir n. Kuala meuraxa 15 hamdan Kuala tuha 16 tamlika Kuta Blang 17 fauzi Kuta Krueng 18 lanjar purnomo   lae pinang 19 ridwan 62-(0)81360290333 lam manyang 20 maimun   lancang 21 husaini   lhok Bubon 22 abdullah, spd.   lhok timon 23 tgk. hasbi ibrahim   limo purut 24 iqbal abdullah   meunasah lhok 25 sugiran   purworejo 26 dasrul   rumah panjang 27 hasan aB   seunebok rambong 28 sulaiman   siblah coh 29 tgk. ramadhan a. B.   suak nie 30 darwis  62-(0)852-77188960 suak puntong 31 aminuddin (Tuha Peut)   tapaktuan 140 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h additional interviews of Geuchiks (secondary respondents who were covered as part of the ralas revalidation survey) No Name Phone Village (Desa) 1 Jafaruddin 62-(0)852-60979252 adan 2 abdullah husen 62-(0)852-60000486 alue Bu Jalan Baroh 3 suhaimi 62-(0)852-77340001 angan 4 muchsin (Village secretary) – arongan 5 Wazir 62-(0)852-76605762 arun tunggai 6 t.m. yusuf mahmud 62-(0)812-63893940 Batee 7 mustafa a. d. 62-(0)852-62159234 Blang Blumpang 8 muchtar c. h. 62-(0)852-34494512 Blang cut 9 razali hanafiah 62-(0)852-75886865 Blang Keudee 10 m. nasir h. idris 62-(0)852-60368438 Blang Kubu 11 sulaiman 62-(0) 852-60787647 Blang Kuta cuh 12 ilyas (Tuha Peut) – Blang teumeulek 13 muhada 62-(0)811-674034 cot mamplam 14 nasrul 62-(0)813-77231781 cot seulamat 15 Jamaluddin 62-(0)813-77351071 cot trap 16 hanafiah 62-(0)852-60363718 dayah leubue 17 Jailani 62-(0)813-77273864 drien tujoh 18 sahri s – dsn. sukamaju 19 hasan ibrahim 62-(0)813-62334985 gajah aye 20 abd. Khalim 62-(0)852-70193673 gampong Baro 21 syafawi Jam (Village secretary) 62-(0)852-60854720 gampong Baro 22 agus miran 62-(0)813-76374462 gampong Blang 23 aiyub idris 62-(0)812-69787847 gampong cot 24 suardi 62-(0)852-60171824 geulumbuk 25 ibrahim (Village secretary) 62-(0)852-60451736 geuteng timur 26 marhalim l. B. 62-(0)815-33739127 gunung lagan 27 m. Jamil Bakar 62-(0)852-77031448 hagu 28 m. ridwan a. 62-(0)852-60588100 Jambo mesjid 29 sulaiman ibrahim – Jurong Binje 30 tarmizi 62-(0)852-628006458 Jurong teungoh 31 abdul aziz 62-(0)857-60750220 Kampung Baru 32 ismail a. W. 62-(0)813-77307913 Keude Bagok 33 mucklis hamzah 62-(0)852-77730212 Keude meukek 34 m. saman 62-(0)852-77263009 Keude rundeng 35 dasruddin rahman 62-(0)852-60413341 Keude susoh 36 muhammad 62-(0)812-815475 Keulee 37 Zamiuddin – Keutapang indah 38 sirajudin 62-(0)852-76199488 Keutapang mameh 39 m. tahir 62-(0)852-60600393 Klieng meuria 40 cut irian 62-(0)812-63337247 Kp. Baro 41 abubakar usman 62-(0)852-60382804 Krueng Baro 42 alimin 62-(0)813-62644111 Kuala Bubon (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 141 additional interviews of Geuchiks (secondary respondents who were covered as part of the ralas revalidation survey) No Name Phone Village (Desa) 43 Kurniadi (Village secretary) 62-(0)813-62947447 Kuala Bubon 44 muzarimin 62-(0)852-61773279 Kuala glumpang 45 m. nasir n. 62-(0)852-60641470 Kuala meuraksa 46 dahlan Jalil 62-(0)813-77219938 Kuala tripa 47 tgk. muhammad 62-(0)812-69815475 Kulee 48 syamsul Kamal – Kuta Baru 49 murni hamid 62-(0)813-77426298 Kuta Blang 50 nurdin spd. 62-(0)812-65180922 Kuta makmur 51 adnan amin 62-(0)852-60103383 lam gapang 52 azhari a. r. 62-(0)813-60081964 lambada peukan 53 maimun s. e. 62-(0)813-60196389 lancang 54 mahyidin sulaeman 62-(0) 857-7406233 lancang timu 55 hasan 62-(0)853-60010928 lancang paru 56 Zulfikar 62-(0)852-77499650 lhok euncin 57 taufik yusuf – lhok mambang 58 m. yazid 62-(0)812-69736747 lipah rayeuk 59 mahyiddin 62-(0)813-60579668 matang pasie 60 amiruddin ilyas 62-(0)813-62605900 matang puntong 61 mahdi a. r. 62-(0)852-60144722 matang rayeuk 62 m. thaib 62-(0)813-60703350 meue 63 safrizal – meuligo 64 m. nasir 62-(0)852-77672049 meunasah hagu 65 ismail husen 62-(0)852-60561206 meunasah manyang 66 ruslan safari 62-(0)852-60340902 meuraxsa 67 Zamri – miruek taman 68 a. gani ali – nasee mee 69 m. nasir 62-(0)852-77496733 neubok nalueng 70 soenarjo 62-(0)813-76698090 padang Baru 71 m. dan h. ahmad 62-(0)852-60016900 papeun 72 muhammad Kaoy 62-(0)852-77266452 paru cot 73 sayid ikmaruddin – pasar lama 74 ishak umar 62-(0)852-60528801 pasie lhok 75 yusdi usman – paya Baro 76 Buchary yusuf (Village secretary) 62-(0)852-77769124 perandeu panteraja 77 datuk tinambunan 62-(0)857-60503559 perangusan 78 amiruddin 62-(0)813-60850811 peuribu 79 m. yani 62-(0)852-77014414 pinang 80 abdul manaf 62-(0)852-62731259 pucok lueng 81 t. Burhanuddin (Village secretary) 62-(0)813-75701297 pulo Kayu 82 safrizal 62-(0)815-3039470 pulo saro 83 satria 62-(0)853-60036029 purwodadi 84 faisal fauzi - rambong payong (continued) 142 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h additional interviews of Geuchiks (secondary respondents who were covered as part of the ralas revalidation survey) No Name Phone Village (Desa) 85 saifuddin 62-(0)852-77901922 rheum Barat 86 sulaiman sabun 62-(0)852-60353033 rheum timu 87 iskandar ibrahim 62-(0)852-77091517 sagoe 88 h. husen 62-(0)852-60162071 samuti makmur 89 andri sali 62-(0)852-60728503 sawang-1 90 idris ishak 62-(0)813-77093380 seunebok Baroh 91 m. saleh K. m. 62-(0)813-62511889 seunebok teungoh 92 Zulbahri hasan 62-(0)852-60156942 seuneubok teungoh 93 Jasmin (Village secretary) 62-(0)852-97631630 siti ambia 94 sudirman hamzah 62-(0)852-77115080 suak geudubang 95 tadjudin 62-(0)852-60147462 suak pandan 96 Zainuddin 62-(0)852-60310612 suak raya 97 usman n. c. 62-(0)852-60649540 suak seukee 98 adnan leman 62-(0)813-77191154 suak seumaseh 99 m. yasir m. nuh 62-(0)85260282734 teumpeun 100 idris 62-(0)852-60518811 teungoh 101 maddien 62-(0)852-70019678 tuha Bihue 102 tgk. m. abdullah 62-(0)85260282734 udeung 103 m. yunus (Village secretary) 62-(0)813-62776674 udeung poroh 104 ahmad ali 62-(0)813-60127646 ujong Beusa 105 fachri isa 62-(0)813-77384876 ujong Blang arun 106 safiruddin – ujong mangki 107 samsul Bahri h.s. 62-(0)852-70016297 ujong padang asahan 108 raja anshar – ujong tanoh 109 samsuluddin 62-(0)815-34005410 ujung 110 m. nasir 62-(0)852-60144953 ulee Blang manne s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 143 Appendix 5. names of persons/institutions interviewed No Name Institution Location Agency Contacs 1 hausmini (mrs) Women empowerment office Banda aceh 2 maimanah (mrs) Women empowerment office aceh Barat 3 rosita (mrs) Women empowerment office aceh Barat daya 4 Zazlina se (mr) Women empowerment office aceh Besar 5 Badrunisah (mrs) Women empowerment office Banda aceh 6 Jufri galib s. h. m. h. (mr) Shariah courts Banda aceh 7 dr. samsuar husein s. h. (mr) Shariah courts aceh Barat 8 rosmawardhani (mrs) Shariah courts aceh Barat 9 muin Kadir (mr) Shariah courts 10 h. Badruzzaman ismail s. h. h. hum (mr) aceh customary council Banda aceh 11 h. teuku daud (mr) aceh customary council aceh Barat 12 tgk. ismail yacob (mr) Ulama council (mpu) Banda aceh 13 m. nasir s. h. (mr) local government office aceh Barat 14 dr. syukri (mr) local government office aceh Besar 15 heru (mr) Camat (sub-district) Banda aceh 16 nurianto (mr) secretary to camat aceh Barat 17 mulyadi (mr) head of legal unit, Bupati office aceh Barat 18 hasbi s. h. (mr) head of dinas syari’at islam aceh Besar aceh Besar 19 ir. h. t. said mustafa (mr) assistant ii, governor office Banda aceh 20 Bakthiar ishaq governor’s office Banda aceh 21 mustafa governor’s office Banda aceh 22 erna heryani (mrs) former director of land, Brr Banda aceh deputy chairman (WaKa) Mahkamah Shariah - 23 dr. h. armia ibrahim s. h. (mr) Banda aceh aceh 24 dra. masdarwaty m. a. (mrs) Women judge Mahkamah Shariah Banda aceh 25 dra. hj. hafidhah ibrahim (mrs) Women judge Mahkamah Shariah Banda aceh 26 nurdhani s. h. sp.n (mrs) notary ppat Banda aceh 27 erlina s. h., m. Kn. (mrs) notary ppat Banda aceh 28 ria fitri (mrs) syiah Kuala university Banda aceh 29 Kurniawan (mr) syiah Kuala university Banda aceh 30 elyas syiah Kuala university Banda aceh 31 eka sukma former project manager, land at Brr Banda aceh Key Contacts in Bpn for rALAS project 1 arief setiabudi canny (mr) ralas project director Jakarta 2 t. murdani s. h. (mr) head of Bpn kanwil Banda aceh 3 yasril s. h. (mr) head of Kantah office Banda aceh 4 t. sabiludin, sh (mr) head of Kantah office aceh Besar 5 dr. m. yazid (mr) Kantah pidie 6 dr. h. Zainal arifin (mr) Kantah Bireun 7 dr. lukman hakim (mr) head of Kantah office lhok seumawe 8 a. muzakir husen (mr) head of Kantah office aceh utara 9 h. mursil s. h. (mr) head of Kantah office aceh timur (continued) 144 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 5. names of persons/institutions interviewed (continued) No Name Institution Location 10 ahmad sohaib (mr) official of Kantah office aceh timur 11 drs. Budi yasir head of Kantah office aceh Barat 12 lukman hamid s. h. (mr) head of Kantah office nagan raya 13 faizidar, s. h. (mr) head of Kantah office aceh Barat daya 14 pelopor yanti s. h. (mr) rormer ralas project manager Jakarta s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 145 Appendix 6. names of ngos interviewed No Name NGO Location 1 elvida (mrs) radio Komunitas suara perempuan (a local ngo) Banda aceh 2 amerullah (mr) JKma Banda aceh 3 sawiyah (mrs) flower aceh (a local ngo) Banda aceh 4 nurhasdiana (mrs) sri ratu (a local ngo) Banda aceh 5 alhamda (mr) lBh (a local ngo) meulaboh 6 irwansyah (mr) ypK (a local ngo) meulaboh 7 philip Visser (mr) formerly catholic relief services, international ngo. meulaboh 8 eva syfig (ms) caritas-switzerland meulaboh 9 Keswanto (mr) yeu-cd Bethesda meulaboh 10 abdul Jalil (mr) grassroots foundation, meulaboh, local ngo meulaboh 11 saputra (mr) cord-aid (and later adB housing project) lhok seumawe note: only the names of key informants (or head of the agency) are listed here. 146 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 7. names of indonesian government/Bpn adjudication team members interviewed No Name Phone Address 1 sumardi s. sos 62-(0)85245125400 desa Kajhu, dusun lamseunong, aceh Besar 2 mubarokuzzaman 62-(0)81367322690 Jl. Km sulaiman Kelurahan meunasah peukan, Kecamatan Kota sigli Jl. sigli Kembang tanjong, desa teumpen, Kecamatan Kembang 3 suprapto a. ptnh 62-(0)816 427 6884 tanjong 4 saiful Bahri 62-(0)81362322390 gg. mustakin, desa limao, Kota fajar. 5 drs yusra djakfar   Jl. Kuala trang, nagan raya 6 darmawan   Jl. Bahari, desa pulo saro, Kecamatan singkil, aceh singkil 7 parjo Wiyono 62-(0)81360461269 teunom, aceh Jaya Jl. raya-Banda aceh-medan Km. 180, desa Blang tambo, Kecamatan 8 idrus alaydrus 62-(0)81367322690 simpang mamplam, Kabupaten Bireuen 9 pranoto 62-(0)85270522013 arongan lambalek, aceh Barat 10 edwin B. Kamurahan 62-(0)81340528696 desa gampong aceh, Kecamatan idi rayeuk aceh timur 11 Zainuddin s. h. 62-(0)81269418239 lhok seumawe 12 mahdi 62-(0)81360276470 Jl. Banda aceh-medan, sawang-peudada, Bireuen 13 edi sudaryanto 62-(0)81932478340 simpang 3 pinem, Kecamatan samatiga, aceh Barat desa matang panyang, Kecamatan Baktiya Barat, Kabupaten aceh 14 fahrurrazi s.h. 62-(0)813 6000 7275 utara 15 riduan a. ptnh 62-(0)81352923737 desa rubek meupayong, Kecamatan susoh abdya 16 hasan Basri s. h. 62-(0)81359298889 desa Kuta Blang, Kecamatan samadua, aceh selatan 17 Bintoro 62-(0)81329430909 lorong seulawah no. 385, Kuta padang, meulaboh s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 147 Appendix 8. names of fgd participants only the names from mixed-gender group fgds are listed here. Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 1 sabariah f pinang susoh abdya 2 Kusmiati f. f pinang susoh abdya 3 Zuriam ali f pinang susoh abdya 4 Zainal f pinang susoh abdya 5 nurmalinda f pinang susoh abdya 6 rasyidin g. m pinang susoh abdya 7 Zulmahdi m pinang susoh abdya 8 abbas m pinang susoh abdya 9 erwin m pinang susoh abdya 10 deprizal m pinang susoh abdya 11 samsuardi m pinang susoh abdya 12 asmanun f pinang susoh abdya 13 hasna f pinang susoh abdya 14 ermaifar f pinang susoh abdya 15 nurjannaka f pinang susoh abdya 16 salbiah J. f suak nie Johan pahlawan aceh Barat 17 rasyidah f suak nie Johan pahlawan aceh Barat 18 hanisah f suak nie Johan pahlawan aceh Barat 19 usman m suak nie Johan pahlawan aceh Barat 20 abbas ali m suak nie Johan pahlawan aceh Barat 21 abubakar m. m suak nie Johan pahlawan aceh Barat 22 m. yahya m suak nie Johan pahlawan aceh Barat 23 abdulahsyam m suak nie Johan pahlawan aceh Barat 24 cut Bahren f suak nie Johan pahlawan aceh Barat 25 samanan f suak nie Johan pahlawan aceh Barat 26 putri mega l. f suak nie Johan pahlawan aceh Barat 27 nuriham f suak nie Johan pahlawan aceh Barat 28 cut hastini f lhok Bubon sama tiga aceh Barat 29 nursaibah f lhok Bubon sama tiga aceh Barat 30 idris m lhok Bubon sama tiga aceh Barat 31 sofian m lhok Bubon sama tiga aceh Barat 32 maisarah f lhok Bubon sama tiga aceh Barat 33 hanisah f lhok Bubon sama tiga aceh Barat 34 nyak the m lhok Bubon sama tiga aceh Barat 35 Banun Wati f lhok Bubon sama tiga aceh Barat 36 Keumala sari f lhok Bubon sama tiga aceh Barat 37 cut erna dewi f lhok Bubon sama tiga aceh Barat 38 rosmiati f lhok Bubon sama tiga aceh Barat 39 umran Joni m lhok Bubon sama tiga aceh Barat 40 rusmini f Klieng meriah Baitussalam aceh Besar 41 nurjanah f Klieng meriah Baitussalam aceh Besar (continued) 148 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 42 sukmawati f Klieng meriah Baitussalam aceh Besar 43 marlaini f Klieng meriah Baitussalam aceh Besar 44 sariwaly f Klieng meriah Baitussalam aceh Besar 45 Jasmiati f Klieng meriah Baitussalam aceh Besar 46 Juariah f Klieng meriah Baitussalam aceh Besar 47 fitriah f Klieng meriah Baitussalam aceh Besar 48 roswati f Klieng meriah Baitussalam aceh Besar 49 irawati f Klieng meriah Baitussalam aceh Besar 50 yusriati f lam manyang peukan Bada aceh Besar 51 soraya f lam manyang peukan Bada aceh Besar 52 ali Jauhari m lam manyang peukan Bada aceh Besar 53 taqwadin m lam manyang peukan Bada aceh Besar 54 Kasim nur m lam manyang peukan Bada aceh Besar 55 asnawi m lam manyang peukan Bada aceh Besar 56 alfiandi m lam manyang peukan Bada aceh Besar 57 rizal m lam manyang peukan Bada aceh Besar 58 tina dalila f lam manyang peukan Bada aceh Besar 59 rafiah f lam manyang peukan Bada aceh Besar 60 ismi laila f lam manyang peukan Bada aceh Besar 61 uli aini f lam manyang peukan Bada aceh Besar 62 mursidah f Kuta Blang samadua aceh selatan 63 minarwati f Kuta Blang samadua aceh selatan 64 mariam f Kuta Blang samadua aceh selatan 65 nurcam f Kuta Blang samadua aceh selatan 66 rabiatun f Kuta Blang samadua aceh selatan 67 tamlika m Kuta Blang samadua aceh selatan 68 abd. Wahid m Kuta Blang samadua aceh selatan 69 iskandar ali m Kuta Blang samadua aceh selatan 70 ismail mukhtar m Kuta Blang samadua aceh selatan 71 raimah f Kuta Blang samadua aceh selatan 72 yusniati f Kuta Blang samadua aceh selatan 73 meisarah f Kuta Blang samadua aceh selatan 74 atikah f Kuta Blang samadua aceh selatan 75 asmanidar f Kuta Blang samadua aceh selatan 76 darmawati f Kuta Blang samadua aceh selatan 77 asmanita f Kuta Blang samadua aceh selatan 78 nursimah f gostel timur singkil utara aceh singkil (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 149 Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 79 yusnidar f gostel timur singkil utara aceh singkil 80 nintini f gostel timur singkil utara aceh singkil 81 Khatijah f gostel timur singkil utara aceh singkil 82 dasran m gostel timur singkil utara aceh singkil 83 ali amsa m gostel timur singkil utara aceh singkil 84 ibnu hajar m gostel timur singkil utara aceh singkil 85 nazaruddin m gostel timur singkil utara aceh singkil 86 evi susanti f gostel timur singkil utara aceh singkil 87 saba udin m gostel timur singkil utara aceh singkil 88 nursiah f gostel timur singkil utara aceh singkil 89 Zulman m gostel timur singkil utara aceh singkil 90 rasyidin m gostel timur singkil utara aceh singkil 91 sailan m gostel timur singkil utara aceh singkil 92 amanidar f Blang glumpang idi rayeuk aceh timur 93 nurliyan f Blang glumpang idi rayeuk aceh timur 94 rahmi f Blang glumpang idi rayeuk aceh timur 95 mariana f Blang glumpang idi rayeuk aceh timur 96 m. Jamin m Blang glumpang idi rayeuk aceh timur 97 Zulkifli umar m Blang glumpang idi rayeuk aceh timur 98 muklis m Blang glumpang idi rayeuk aceh timur 99 Baharudin s. m Blang glumpang idi rayeuk aceh timur 100 irsan m Blang glumpang idi rayeuk aceh timur 101 hanafiah m Blang glumpang idi rayeuk aceh timur 102 mustafa a. d. m Blang glumpang idi rayeuk aceh timur 103 Juwita f Blang glumpang idi rayeuk aceh timur 104 m. yunus anas m meunasah lhok muara Batu aceh utara 105 ramli al isa m Kuala Jeumpa Jeumpa Bireuen 106 anwar m Kuala Jeumpa Jeumpa Bireuen 107 ramli sulaiman m Kuala Jeumpa Jeumpa Bireuen 108 hamzah m Kuala Jeumpa Jeumpa Bireuen 109 Zamzam m Kuala Jeumpa Jeumpa Bireuen 110 aisyah abubakar f Kuala Jeumpa Jeumpa Bireuen 111 fitri f Kuala Jeumpa Jeumpa Bireuen 112 syahril m Kuala Jeumpa Jeumpa Bireuen 113 rahmah f Kuala Jeumpa Jeumpa Bireuen 114 azizah f Kuala Jeumpa Jeumpa Bireuen 115 syafii m Kuala Jeumpa Jeumpa Bireuen (continued) 150 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 116 mahdi f Kuala Jeumpa Jeumpa Bireuen 117 rahman abd m Blang Kubu peudada Bireuen 118 marliati f Blang Kubu peudada Bireuen 119 hamidah Z. f Blang Kubu peudada Bireuen 120 fitri f Blang Kubu peudada Bireuen 121 mawadah f Blang Kubu peudada Bireuen 122 husaini m. Zain m Blang Kubu peudada Bireuen 123 marzuki m Blang Kubu peudada Bireuen 124 abdullah m Blang Kubu peudada Bireuen 125 sulaiman ahmad m Blang Kubu peudada Bireuen 126 idrus m Blang Kubu peudada Bireuen 127 hamamah f Blang Kubu peudada Bireuen 128 m. nazar n. m Kuala meuraksa Blang mangat lhok seumawe 129 syamsul Bahri m Kuala meuraksa Blang mangat lhok seumawe 130 tgk. ilyas m Kuala meuraksa Blang mangat lhok seumawe 131 harun m Kuala meuraksa Blang mangat lhok seumawe 132 Jasmudin m Kuala meuraksa Blang mangat lhok seumawe 133 abdul Wahab m Kuala meuraksa Blang mangat lhok seumawe 134 abdul rahman m Kuala meuraksa Blang mangat lhok seumawe 135 nurmala f Kuala meuraksa Blang mangat lhok seumawe 136 yusmanidar f Kuala meuraksa Blang mangat lhok seumawe 137 yusriana f Kuala meuraksa Blang mangat lhok seumawe 138 sumarno m purworejo Kuala nagan raya 139 ponidi m purworejo Kuala nagan raya 140 siti rahayu f purworejo Kuala nagan raya 141 sunaini f purworejo Kuala nagan raya 142 Juariah f purworejo Kuala nagan raya 143 Basirun m purworejo Kuala nagan raya 144 sugiran m purworejo Kuala nagan raya 145 Jumin m purworejo Kuala nagan raya 146 ponijo m purworejo Kuala nagan raya 147 Buyung anwar m purworejo Kuala nagan raya 148 edi yanto m purworejo Kuala nagan raya 149 suparjo m purworejo Kuala nagan raya 150 abdurrahman m Kuala tuha Kuala pesisir nagan raya 151 Basrun m Kuala tuha Kuala pesisir nagan raya 152 rusli m Kuala tuha Kuala pesisir nagan raya (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 151 Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 153 m. gade nurdin m Kuala tuha Kuala pesisir nagan raya 154 sulaiman tohang m Kuala tuha Kuala pesisir nagan raya 155 abdullah ali m lancang Kembang tanjong pidie 156 mukhtar y. s. m lancang Kembang tanjong pidie 157 Baihaqi m lancang Kembang tanjong pidie 158 tgk. Jafarudin m lancang Kembang tanjong pidie 159 aiyub syamaun m lancang Kembang tanjong pidie 160 mulyana f lancang Kembang tanjong pidie 161 nurma f lancang Kembang tanjong pidie 162 sakdiah f lancang Kembang tanjong pidie 163 abdullah a. h. m lancang Kembang tanjong pidie 164 asiah ishaq f lancang Kembang tanjong pidie 165 asmawati h. s. f lancang Kembang tanjong pidie 166 mariana f lancang Kembang tanjong pidie 167 Karimah f siblah coh ulim teunong pidie 168 hapsah f siblah coh ulim teunong pidie 169 Jalika f siblah coh ulim teunong pidie 170 yusnidar f siblah coh ulim teunong pidie 171 norma f siblah coh ulim teunong pidie 172 nurhayati f siblah coh ulim teunong pidie 173 murni f siblah coh ulim teunong pidie 174 rubiah f siblah coh ulim teunong pidie 175 Jauhari f siblah coh ulim teunong pidie 176 fauziah f siblah coh ulim teunong pidie 177 aminah f siblah coh ulim teunong pidie 178 nurdiana f siblah coh ulim teunong pidie 179 aisyah husein f gampong Baro Keude teunom aceh Jaya 180 hamidah f gampong Baro Keude teunom aceh Jaya 181 Zubaidah f gampong Baro Keude teunom aceh Jaya 182 hamidah ali f gampong Baro Keude teunom aceh Jaya 183 saudah ali f gampong Baro Keude teunom aceh Jaya 184 safi’i rani m gampong Baro Keude teunom aceh Jaya 185 usman B. m gampong Baro Keude teunom aceh Jaya 186 asbahon munir m gampong Baro Keude teunom aceh Jaya 187 mubin m gampong Baro Keude teunom aceh Jaya 188 muslim h. r. m gampong Baro Keude teunom aceh Jaya 189 rinto darwis m gampong Baro Keude teunom aceh Jaya (continued) 152 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 190 tgk hamdi m gampong Baro Keude teunom aceh Jaya 191 tgk. darwis m. s. m gampong Baro Keude teunom aceh Jaya 192 Bungsu Jauhari f lhok timon setia Bakti aceh Jaya 193 salwati f lhok timon setia Bakti aceh Jaya 194 rosmiaty y. f lhok timon setia Bakti aceh Jaya 195 idram m lhok timon setia Bakti aceh Jaya 196 faridah f lhok timon setia Bakti aceh Jaya 197 Jasmani f lhok timon setia Bakti aceh Jaya 198 musa m lhok timon setia Bakti aceh Jaya 199 nurhabibah f lhok timon setia Bakti aceh Jaya 200 ratna Bungsu f lhok timon setia Bakti aceh Jaya 201 aminah f lhok timon setia Bakti aceh Jaya 202 mayasari f lhok timon setia Bakti aceh Jaya 203 irman m lhok timon setia Bakti aceh Jaya 204 mukhlis m meunasah lhok muara Batu aceh utara 205 abdillah m meunasah lhok muara Batu aceh utara 206 ahamadi m meunasah lhok muara Batu aceh utara 207 Batriah f meunasah lhok muara Batu aceh utara 208 eliayani f meunasah lhok muara Batu aceh utara 209 rosnawati f meunasah lhok muara Batu aceh utara 210 adenan f meunasah lhok muara Batu aceh utara 211 salami f meunasah lhok muara Batu aceh utara 212 yusnaini f meunasah lhok muara Batu aceh utara 213 sulaiman taib m Kuta Krueng samudera aceh utara 214 syafrudin m Kuta Krueng samudera aceh utara 215 tgk. mansyari m Kuta Krueng samudera aceh utara 216 aminah f Kuta Krueng samudera aceh utara 217 rosmiati f Kuta Krueng samudera aceh utara 218 Bungsu f Kuta Krueng samudera aceh utara 219 hambali harun m gampong Jawa meuraxsa Banda aceh 220 Kurnia m gampong Jawa meuraxsa Banda aceh 221 amin m gampong Jawa meuraxsa Banda aceh 222 surya adli m gampong Jawa meuraxsa Banda aceh 223 siti hayati f gampong Jawa meuraxsa Banda aceh 224 himdun m gampong Jawa meuraxsa Banda aceh 225 yakop m gampong Jawa meuraxsa Banda aceh 226 hardiansyah m gampong Jawa meuraxsa Banda aceh (continued) s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h 153 Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 227 musliati f gampong Jawa meuraxsa Banda aceh 228 nur hasrati f gampong Jawa meuraxsa Banda aceh 229 ainun mardiayah f gampong Jawa meuraxsa Banda aceh 230 mahdalena f gampong Jawa meuraxsa Banda aceh 231 syukriah f dayah Baro meuraxsa Banda aceh 232 nurbaiti umar f dayah Baro meuraxsa Banda aceh 233 ummul Basyah f dayah Baro meuraxsa Banda aceh 234 fatimah h. s. f dayah Baro meuraxsa Banda aceh 235 Khatijah f dayah Baro meuraxsa Banda aceh 236 atikah f dayah Baro meuraxsa Banda aceh 237 yuslindawati f dayah Baro meuraxsa Banda aceh 238 cut aini f dayah Baro meuraxsa Banda aceh 239 abdul manaf ag m dayah Baro meuraxsa Banda aceh 240 suhaimin m dayah Baro meuraxsa Banda aceh 241 iskandar amin m dayah Baro meuraxsa Banda aceh 242 Bahagia m dayah Baro meuraxsa Banda aceh 243 fachruddin m dayah Baro meuraxsa Banda aceh 244 hasnidar f gajah aye Batee pidie 245 soraya f gajah aye Batee pidie 246 amna f gajah aye Batee pidie 247 nursiah ibrahim f gajah aye Batee pidie 248 Kamisah f gajah aye Batee pidie 249 Zuliati f gajah aye Batee pidie 250 yusliati f gajah aye Batee pidie 251 Jumiati f gajah aye Batee pidie 252 dara f gajah aye Batee pidie 253 Badriah f gajah aye Batee pidie 254 nurmalawaty f gajah aye Batee pidie 255 sakdiyah f gajah aye Batee pidie 256 fatma f gajah aye Batee pidie 257 atika ismail f gajah aye Batee pidie 258 nanda f gajah aye Batee pidie 259 yuniar f gajah aye Batee pidie 260 salamah f gajah aye Batee pidie 261 Kurnia putri f gajah aye Batee pidie 262 maimunah f gajah aye Batee pidie 263 yulinda f gajah aye Batee pidie (continued) 154 s t u d y o n g e n d e r i m pa c t s o f l a n d t i t l i n g i n p o s t - t s u n a m i a c e h Appendix 8. names of fgd participants (continued) Sub District No Name M/F Village (Desa) District (Kabupaten) (Kecamatan) 264 Karyanti f gajah aye Batee pidie 265 Zuraida ar f gajah aye Batee pidie 266 Kamisah f gajah aye Batee pidie 267 fatimah Zuhra f gajah aye Batee pidie 268 asnitawati f gajah aye Batee pidie 269 nuryati f pasie lhok Kembang tanjong pidie 270 Keumala f pasie lhok Kembang tanjong pidie 271 mawarni f pasie lhok Kembang tanjong pidie 272 hafizah aiyub f pasie lhok Kembang tanjong pidie 273 nurul fajar f pasie lhok Kembang tanjong pidie 274 maryamah f pasie lhok Kembang tanjong pidie 275 maryatun f pasie lhok Kembang tanjong pidie 276 hafsah f pasie lhok Kembang tanjong pidie 277 suryati f pasie lhok Kembang tanjong pidie 278 yusmariani f pasie lhok Kembang tanjong pidie 279 irma mawarni f pasie lhok Kembang tanjong pidie 280 nur sabariah f pasie lhok Kembang tanjong pidie 281 ruhdiana f pasie lhok Kembang tanjong pidie 282 hayatun f pasie lhok Kembang tanjong pidie 283 nur Basyariah f pasie lhok Kembang tanjong pidie 284 faridah hasyim f pasie lhok Kembang tanjong pidie 285 rosma f pasie lhok Kembang tanjong pidie 286 hayati f pasie lhok Kembang tanjong pidie