Challenges in Land Governance in Southeast Asia
Institutionalization of land governance in Southeast Asia is plagued by a layering combination of policy
lacunas, institutional frailties, and longstanding socio-economic inequalities. These problems are further
aggravated by rapid urbanization, large infrastructure development programs, and conflicting land use
demands, all of which escalate land-related conflicts and impede sustainable development (Galehan, 2019).
The existence of multiple tenure systems, including formal statutory rights and customary claims based on
traditional and indigenous practices, has led to a piecemeal distribution of land rights and overlapping
responsibilities, which has caused conflicts at a large scale (Rosti et al., 2020).
In Indonesia the Konsorsium Pembaruan Agraria (KPA) recorded 3,234 agrarian conflicts between 2015-24
covering 7.4m hectares and more than 1.8 million households. Almost 68 per cent of the land is owned by 1
per cent of the population (mainly significant corporations) (KPA 2025). Land disputes rose 21.9 percent in
2024 to 295 cases, or roughly 140,000 households. Of these, 74 per cent were related to agribusiness, mining
and property, while 58 per cent were on indigenous territories (KPA, 2025). Similarly in the Philippines, more
than 1m hectares are locked in conflict, affecting predominantly indigenous peoples. In Malaysia, for instance,
just 12% of custom lands is titled, and many depend on the riparian ecosystem for sustenance, but their lands
are vulnerable to encroachment (Rosti et al., 2020).
These problems are compounded by legal barriers. Customary land rights are unbilled or informal, and at risk
of being appropriated by state or corporate actors (Rosti et al., 2020). For example, customary forests in
Indonesia, which are not legally recognized, have been incorporated in state concessions, despite a 2013 ruling
by the Constitutional Court ordering them to be returned to original traditional owners (a judgment that largely
has not been enforced). In the Philippines the IPRA 1997 acknowledges ancestral domains, however
bureaucratic weaknesses and confusing legal ambiguities have meant that only 60% of titled lands are
officially documented (Kar et al., 2025). Especially in Malaysia, in Sabah and Sarawak, competing tenure
claims and the lack of or inadequate legal protections have led to corporate plantations encroaching on un-
titled, customarily-owned lands (Lam Kuok Choy & Hay Ah Na, 2017).
Institutional shortcomings also affect effective management of land. Weakly functioning land administration
agencies, low technical mapping capacity and weak dispute resolution facilities present bottlenecks for
individual land rights formalization (Berenschot & Saraswati, 2024). Indonesia’s One Map Policy, for
example, which was introduced in 2011 to address differing spatial depictions, has been undermined by
inadequate inter-ministerial coordination and overlapping responsibilities, with the consequence that data
about landownership is not clear. In the Philippines, challenges including overlapping titles and excessive costs
for registration exist, with only 50 percent of smallholder parcels being covered by the Torrens Title System.
These institutional failures end up sidelining traditional forms of governance, since hierarchical forms of
governance that reflect the state or corporate interests erode hybrid forms of governance that try to associate
statutory and customary orders (Rosti et al., 2020).
And the socio-economic implications of these governance failures are serious. Racialised populations —
including indigenous communities, smallholder farmers, and women — are disproportionately impacted.
Insecurity of land tenure adversely affects investment, agricultural productivity and inequality. In the
Philippines, so far no secure tenure has been verified, with 48% of people feeling insecure both in the urban
and rural settings. Meanwhile, the number of farmers farming less than 0.5 hectares of land in Indonesia rose
from 14.3 million in 2013 to 16.9 million in 2023, indicating worsening land fragmentation and inequality
(KPA, 2025). They are also generating a significant amount of environmental damage with unclear tenure
negatively impacting on the deforestation and poor land use. Already, by 2016, just 1.9% of the Philippines’
forests were in a pristine state, the rest degraded by logging, mining and agribusiness expansion. And quarrels
over tenure can and do turn violent. In Indonesia in 2023, 515 people 30 were criminalized in the context of
land conflicts and 73% of evictions involved state security… (More) The same is true for the Philippines,
where the armed conflicts that result from unequal access to land contribute to both food and tenure insecurity
(FAO, 2016) and where indigenous groups in Malaysia are being displaced by large-scale plantation
development (Lam Kuok Choy & Hay Ah Na, 2017).