Presented by Cut Augusta Mindry Anandi (COLANDS PhD candidate (University of Amsterdam)) at CIFOR-ICRAF Science Week 2023, 8 May 2023

1. Disentangling complexity in landscape governance from a polycentric and legal pluralism perspective
Cut Augusta Mindry Anandi

2. Kapuas
Hulu, West
Kalimantan,
Indonesia
Map: S. Narulita, Y. Laumonier, CIFOR, 2020

3. Problem identification
In Seriang and Labian-Leboyan sub-watersheds
Multiple legal systems
(regulations, policies)
Statutory rules and regulations (State
law, Provincial & Regency Decrees,
Village regulations)
Private governance
(private sector and CSO certification
standards)
Customary or traditional governance
(Adat)
Multiple jurisdictions and decision-making authorities
Formal: Government institutions (National Park, Forest Management
Unit (KPH), Ministry of Environment and Forestry (MoEF).
Informal: Customary institutions (Periau, Nelayan, Menua – Banua),
Certification bodies
Multi-layered governing systems

4. Landscape governance
Acknowledges that:
• Landscapes are
• diverse
• dynamic
• complex
• affected by multiple scales1
• Governance
• needs to be context-specific
• is an iterative process of “muddling through”
• has multiple possible entry points and solutions2
• Stakeholders
• Are diverse
• Have competing interests
• Come from different sectors and scales3
• Collective action requires
• Willingness to coordinate actions across sectors, scales and governance bodies4
• Willingness to reconcile competing land uses5
1. Kooiman and Bavinck 2005
2. Sayer et al. 2013; Freeman et al. 2015; Reed et al. 2016; 2019; Foli et al. 2018; Kusters et al. 2018; Ros-Tonen et al. 2018
3. Ros-Tonen 2014; Freeman et al. 2015; Sayer et al. 2016; Reed et al. 2021; Riggs et al. 2021
4. Carmenta et al. 2020; Vermunt et al. 2020; Reed et al. 2021; Riggs et al. 2021
5. Sayer et al.2013; Reed et al.2016

5. CSOs
Multiple but interrelated centres of decision-making
Ministry of
Environment and
Forestry
Forestry Agency
National
park
National
Provincial
Forest
Management
Unit
Regency
On site
(sub-district
and village)
Conservation Forestry
APL/Land for other purposes
Bappeda
Regency
National planning agency
(BAPPENAS/ATR/BPN)
Formal
Head of village
Customary
leaders
Head of sub-
district
Informal
Community
institution
Polycentric governance in Kapuas Hulu
Resort
Private
companies

6. Polycentric governance – multiple centres of decision-making in
Kapuas Hulu
Sacred areas such as Tembawang and Pulau (customary) – are
located within the national park, the Forest Management Unit
(FMU) and the non-forest estate (APL).
 Distinct approaches – some better suited to the local
context1
 Sharing responsibilities may strengthen protection,
monitoring and rule enforcement (photo)
 Local-scale governance bodies ease networking,
relationships, and shared learning within communities
Strengths
 Management approaches may conflict with each other
 Rules may contradict each other
 Overlapping jurisdictions
 Poor coordination between different governance bodies
 Information flows reach the most powerful and
influential people only
Weaknesses
1 McGinnis & Ostrom, 2011

7. Legal pluralism - The interconnections between legal systems
• Legal pluralism  multiple rules applying to the same jurisdiction1
• Numerous normative systems in Kapuas Hulu  these normative orders interact in different ways2
• Interconnections can be classed based on quality (contrary/affirmative) and intensity (weak/strong)1
Strong
Weak
Affirmative
Contrary quality
intensity
Indifference Accommodation
Mutual support
Competition
Different legal systems may apply to the
same jurisdiction, but one ignores the other
Example: a fishermen association develops
its own management rules that fishermen
apply, ignoring state regulation
Different legal systems – State, private and
customary – recognize and adapt to each other but
with minimal institutional and jurisdictional
integration
Example: Government adapted rules for land and
fire-burning so that they could be accommodated
in customary rules
Co-existing legal systems support each other,
leading to synergies
Example: co-management between National
Park and CBOs in the Conservation Partnership
(community eco-tourism in Kaban Mayas and the
honey farmer association (APDS)
Both state and customary legal systems
have a strong presence in a particular
jurisdiction and compete for power
Example: Allocation of land for oil palm in
areas under customary rule
1. Bavinck & Gupta, 2014
2. Merry 1988 in Berman 2009 p. 228

8. Legal pluralism in Kapuas Hulu
Member of Periau Danau Sentarum (APDS) working on annual
internal evaluation for BIOCERT organic certification with help
of the National Park (funding and expertise), 2020
Strengths
 Feasibility to reach people in
remote areas through devolution
of authority (van Cott, 2000)
 Potential pathways for a long-term
landscape strategy by fostering
mutual support and
accommodation (photo)
Weaknesses
 Only a small group of people has
access to information about legal
systems and regulations
 The influence and power of the
decision-making authority
determine whether legal pluralism
advances in the direction of
mutual support or competition

9. Conclusions
• Polycentric governance and legal pluralism have pros and cons (strengths and weaknesses)
• Strong and affirmative relationships leading to mutual support are on the rise
• Observed advantages of polycentric governance and legal pluralism include:
• Power sharing with remote communities
• Improved law enforcement, monitoring, and protection of natural resources
• Continual learning and policies that integrate statutory, customary and market-based legal systems
• Potential for long-term partnerships in land use and resource governance
• Yet, the influence of State decision-makers in a small community can be significant and may also lead
to competition or indifference between state and customary legal systems
• Facilitation of a forum of dialogue across sector and governance levels is essential for achieving mutual
support between different legal systems  key role for integrated landscape approaches

10. Thank you
Further contact: c.a.m. anandi@uva.nl or
augusta.mia@gmail.com