Content | Customary law | Current law |
Types of land ownership | Community ownership, individual possession and use | State/collective ownership and individual tenure rights, of which state ownership has the vital role. |
Access right | All community members have access right. For outsiders, this may vary, depending who they are. | All can go into forest, except special cases. |
Benefit sharing | Based on the actual demands of community members. | Based on the national and provincial legal framework on benefit-sharing of forest products. |
Use right | Community members apply the use right based on the principle that first come, first served. | The right of collecting forest products and other benefits is allocated to forest owners. |
Control right | Given to community leader and protectors, or community members have joint responsibility. | The government have the utmost right. Forest owners are partially given the right as indicated by law. |
Transfer right | Only within the community, not with outsiders. | Depending on specific forest types, and ownership, forest owners can use their allocated forest and forestland use right as collateral, to lease, inherit, and transfer. |
| The leader as stipulated by customary law. | Forest protection system |
Patrol and Take action | The leader as stipulated by customary law. | Law |