Part 2. Framework and Institutions

Table of Contents

2. Expanding State Spaces Using ‘Idle’ Native Customary Land in Sarawak

Introduction

High Modernism in Sarawak

Persuasion: Creating Vulnerable Identities and Places

Of ‘Idle’ or ‘Waste’ Land

Native Customary Land and ‘Development’

Trade-offs and the Limits of Persuasion

Conclusion: Development, the State and Localities

References

3. Native Customary Land: The Trust as a Device for Land Development in Sarawak

Introduction

Defining Native Customary Rights to Land

Legislation on Land

The Sarawak Land Code 1958

Agricultural Policies and Land Development Schemes

The New Model: Joint Venture Companies

The Trust and Protection of Property

The Nature of the Trust

The Trust and Native Customary Land Development

The JVC and the Nature of the Beneficiaries’ Interests

General Powers and Duties of Trustees

The Fiduciary Relationship and its Ramifications

Breach of Trust and Remedies of Beneficiaries

Questions of Proof and Reversion of Land

Concluding Remarks

References

4. Decentralisation, Forests and Estate Crops in Kutai Barat District, East Kalimantan

Introduction

Kutai Barat and Its Resources

Geography

Economy

Forest Resources

Agro-Industrial Estate Crops

Decentralisation in Kutai Barat

District Finances

Creating a District Regulatory Regime to Exploit Forest Resources

A New Forestry Vision — Community Forestry

Decentralisation and the Oil Palm Sub-Sector

Conclusion

References