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[12PacRimLPolyJ631] Rural Women's Land Rights in Java, Indonesia: Strengthened by Family Law, But Weakened by Land Registration

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dc.contributor.author Brown, Jennifer
dc.date.accessioned 2011-02-14T19:31:27Z
dc.date.available 2011-02-14T19:31:27Z
dc.date.issued 2003-05
dc.identifier.citation 12 Pac. Rim L. & Pol'y J. 631 (2003) en_US
dc.identifier.issn 1066-8632
dc.identifier.uri http://hdl.handle.net/1773.1/737
dc.description.abstract Jennifer Brown is a staff attorney at the Rural Development Institute ("RDI"), Seattle, Washington (jenniferb@rdiland.org). Abstract: In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's efforts to educate the public about land registration, few women are aware of the registration procedures. Field studies also indicate that confusion regarding co-ownership rights exists even among government officials. Despite the fact that Indonesia's land registration processes do not reinforce the nation's family law, Indonesian women's property interests are not compromised. First, formal procedures for the transfer of land protect women when land is sold or divided. Second, customary Javanese practices recognize and protect the concept of marital community property. This Article concludes, however, that in other developing countries, incongruence between legal property rights and land registration systems may effectively weaken women's land ownership interests. en_US
dc.description.sponsorship This research was funded by the United States Agency for International Development, grant number LAG-A-00-96-900016-00 (BASIS CRSP Pre-proposal) and grant number 497-G-00-01-00031-00 (Indonesia Land Law Initiative). An earlier version of this piece was submitted to USAID and is posted at http://www.rdiland.org/PDF/RDIRegistrationOfLand.pdf. I would like to thank Ir. Ibnu Wardono, SH, MM, Director of the Land Informations Systems Directorate of the National Land Agency (BPN), for his support of the research and Aniek Agustina Astutiasih, SH, CN, also of BPN, for her invaluable contributions and assistance during the field research. I especially thank Firli Purwanti, SI, who was instrumental in orchestrating the field visits and whose contributions to the research were invaluable. Ms. Purwanti is an Indonesian attorney working for the Convention Watch Working Group of the Women and Gender Studies Center at the University of Indonesia. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Pacific Rim Law & Policy Journal, University of Washington School of Law en_US
dc.subject Article en_US
dc.title [12PacRimLPolyJ631] Rural Women's Land Rights in Java, Indonesia: Strengthened by Family Law, But Weakened by Land Registration en_US
dc.type Article en_US
dc.rights.holder Copyright 2003 by Pacific Rim Law & Policy Association en_US

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