Papers by Stepanus Makambombu
The central question addressed in this working paper is whether and how the poor and disadvantage... more The central question addressed in this working paper is whether and how the poor and disadvantaged in Central and East Sumba have access to redress mechanisms when the land that they cultivate or live on becomes contested. Criteria for 'being disadvantaged' include poverty in an economic sense, but also low position in the social hierarchy, and criteria related to ethnicity, education, and other forms of social and cultural capital. The dominant normative framework in Sumba is customary law (adat). Clan chiefs have the largest say in decision-making on how natural resources are allocated and distributed, but there is not always consensus on who is the legitimate chief. Moreover, state law provides alternative rules for justice seekers in dealing with land and addressing labour issues. The paper presents an analysis of the current adat-dominated system of land governance, in which elements of state law are integrated. We look at how this hybrid system functions in practice, because it is in this context that land disputes occur and are resolved. Ten smaller empirical examples provide insight into everyday implementation of law in relation to land. Two recent cases in which large plantations are being established on Sumbawhere large scale commercial agriculture is just in planning or starting phase-indicate how this hybrid legal system functions in response to agrarian change. A third case involving contested mining activities indicates how power differences can block access to justice. Millar and Sarat's dispute resolution pyramid provides a useful explanation of how Sumbanese use redress mechanisms, but choice of mechanism does not depend on the type of dispute only. In line with the 'forms of capital' model for explaining differences in power (or disadvantage), it appears that available forums of redress are only accessible for justice seekers with a sufficient amount of economic, social and cultural capital.
... To address this distribution issue we need to identify who is locally considered as 'dis... more ... To address this distribution issue we need to identify who is locally considered as 'disadvantaged' (Betke and Ritonga, 2004; Vel 1994:150-7). ... For example, the district head of Central Sumba who was elected in 2008 is the son of a former ruler (raja), has an academic degree ...
National University of Singapore Press eBooks, Feb 25, 2023
... To address this distribution issue we need to identify who is locally considered as 'dis... more ... To address this distribution issue we need to identify who is locally considered as 'disadvantaged' (Betke and Ritonga, 2004; Vel 1994:150-7). ... For example, the district head of Central Sumba who was elected in 2008 is the son of a former ruler (raja), has an academic degree ...
The Asia Pacific Journal of Anthropology
This article is about the strategic use of adat arguments in the politics of large-scale land acq... more This article is about the strategic use of adat arguments in the politics of large-scale land acquisition. While customary (adat) communities are commonly depicted as small local minorities living in the forests and being guardians of the environment, in many situations such communities occupy a majority position within the district. Majority adat communities are internally differentiated into categories of actors with varying and conflicting interests. This article focuses on Sumba in eastern Indonesia, where state and adat powers are not opposed but historically aligned. We analyse how five common ways of framing adat in Sumba are currently being deployed in landacquisition politics, in situations supporting plantation land acquisition or protesting against farmers' land dispossession. We draw attention to what we call 'strategic adat framing' as a political activity. The article calls for analysing the historical and social context of local deployments of adat for understanding the impact of current government pro-adat policies.
The Asia Pacific Journal of Anthropology, Oct 20, 2019
This article is about the strategic use of adat arguments in the politics of large-scale land acq... more This article is about the strategic use of adat arguments in the politics of large-scale land acquisition. While customary (adat) communities are commonly depicted as small local minorities living in the forests and being guardians of the environment, in many situations such communities occupy a majority position within the district. Majority adat communities are internally differentiated into categories of actors with varying and conflicting interests. This article focuses on Sumba in eastern Indonesia, where state and adat powers are not opposed but historically aligned. We analyse how five common ways of framing adat in Sumba are currently being deployed in landacquisition politics, in situations supporting plantation land acquisition or protesting against farmers' land dispossession. We draw attention to what we call 'strategic adat framing' as a political activity. The article calls for analysing the historical and social context of local deployments of adat for understanding the impact of current government pro-adat policies.
The Asia Pacific Journal of Anthropology, Oct 20, 2019
This article is about the strategic use of adat arguments in the politics of large-scale land acq... more This article is about the strategic use of adat arguments in the politics of large-scale land acquisition. While customary (adat) communities are commonly depicted as small local minorities living in the forests and being guardians of the environment, in many situations such communities occupy a majority position within the district. Majority adat communities are internally differentiated into categories of actors with varying and conflicting interests. This article focuses on Sumba in eastern Indonesia, where state and adat powers are not opposed but historically aligned. We analyse how five common ways of framing adat in Sumba are currently being deployed in landacquisition politics, in situations supporting plantation land acquisition or protesting against farmers' land dispossession. We draw attention to what we call 'strategic adat framing' as a political activity. The article calls for analysing the historical and social context of local deployments of adat for understanding the impact of current government pro-adat policies.
This article explores access to justice for the poor in relation to land disputes in one of the p... more This article explores access to justice for the poor in relation to land disputes in one of the poorest areas of Indonesia, the island of Sumba. Since 2007, agribusiness companies have been setting up businesses in Sumba with a view to undertake large scale cultivation of biofuel crops. Inspired by global debate on adverse effects of such land grabbing there was expectation that this development would lead to land conflict. As researchers our main point of enquiry was how the poor and disadvantaged in Central and Eastern Sumba have access to redress mechanisms when the land they use for cultivation purposes is subject to other competing variables.. Evidence from field research suggests that negotiations with companies exist, but have been mainly about compensation rather than conflicts about land use, and involved land owners and local elites only. Inequality in access to land appears to be incorporated in the local legal repertoire pertaining to land. The poor and the disadvantaged have little decision making power as to the use and distribution of natural resources. Based on this finding, the article discusses the difference between access to justice research that focuses on access to legal institutions and an agrarian justice approach in which analysis of the injustices that the poor and the disadvantaged experience is a point of departure for investigating options for redress.
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Papers by Stepanus Makambombu