Hybridising Justice: State-Customary Interactions over Forest Crime and Punishment in Oecusse, East Timor

Abstract

This case study illustrates one effort to create a place for traditional justice, including formal recognition of both the authorities and the mechanisms for customary land and forest control, within the national system. Reflecting an explicitly political intention to undo the customary authorities’ displacement under the Indonesian administration, the Oecusse enclave district Agriculture Department also found this a pragmatic strategy to extend their forest control. Granting significant autonomy and power to customary leaders, especially in naming protected areas and setting village-specific fines, curtailed but did not eliminate district government involvement in enforcing the regulations. Resulting local environmental regulations reflect a blend of government and customary land use priorities.