An air of legality - legalization under conditions of rightlessness in Indonesia
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An air of legality - legalization under conditions of rightlessness in Indonesia. / Lund, Christian.
In: Journal of Peasant Studies, Vol. 50, No. 4, 2023, p. 1295-1316.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - An air of legality - legalization under conditions of rightlessness in Indonesia
AU - Lund, Christian
PY - 2023
Y1 - 2023
N2 - Land rights are uneven in Indonesia as they favor government over citizens as rights subjects. Moreover, legal complexity and social inequality make legal knowledge about land rights rather inaccessible to small-scale farmers and the urban rank and file. Finally, the presumption of legality enables government institutions to acquire land and establish land control even if juridical settlements have been made against it. Despite these three forms of rightlessness, law and legalization are important for ordinary people who experiment and improvise to legalize their claims. And, crucially, such manufacture and persuasion of legality can have the effect of law.
AB - Land rights are uneven in Indonesia as they favor government over citizens as rights subjects. Moreover, legal complexity and social inequality make legal knowledge about land rights rather inaccessible to small-scale farmers and the urban rank and file. Finally, the presumption of legality enables government institutions to acquire land and establish land control even if juridical settlements have been made against it. Despite these three forms of rightlessness, law and legalization are important for ordinary people who experiment and improvise to legalize their claims. And, crucially, such manufacture and persuasion of legality can have the effect of law.
KW - legalization
KW - rightlessness
KW - presumption of legality
KW - land conflict
KW - representation of rights
KW - Indonesia
KW - PEASANT MOVEMENTS
KW - PALM OIL
KW - STATE
KW - LAND
KW - LAW
KW - POWER
KW - FOREST
KW - TERRITORIALIZATION
KW - STRUGGLES
KW - EXPANSION
U2 - 10.1080/03066150.2022.2096448
DO - 10.1080/03066150.2022.2096448
M3 - Journal article
VL - 50
SP - 1295
EP - 1316
JO - The Journal of Peasant Studies
JF - The Journal of Peasant Studies
SN - 0306-6150
IS - 4
ER -
ID: 315762164