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Thread: Check the access to your land and beware of passive/active ADAT

  1. #11
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    What village in Gianyar are you having this problem? I could maybe help you out with this problem.

  2. #12
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    Default Land Access

    Liesna
    Yes, youv'e hit the nail on the head, alot of the problem is due to jealousy and greed. I'm told that that Bali was not always like this and that it is a recent event. After reading the forum I thought our situation was an isolated incident but I can see that it is a more widespread problem. Seems this does not happen in already established built up areas, main towns but has arisen with the development of rural village land. You find yourself dealing with village leaders and groups who appear to be a law to them selves and the police and goverment don't want to deal with it, but saying that we have had the police down once to open the access..

    One step that has been taken in our is to get owners of the affected properties into an action group so we have a joint response so we are all united on this, something that had not happened previously. This was no mean feat as some properties are company managed and difficult to track down. For them no access means no income, but the bottom line is we all want to get the situation resolved.

    From what you say it looks like they are hiding behind a religous ruling the ADAT which I can't comment on as I don't know enough about it but the bottom line is they have to comply with the law of the country, so they have to produce valid documents otherwise its all a mockery. As they are pushing we should push as well and also not just agree to anything, everthing is negotiable. They may think that because we have already made a big investment they have the upper hand but that is not the case. Putting the problem in the newspapers or the TV is bad press for them and bali as it will effect investment in the island.

    Our group have a meeting soon so I will keep you informed and updated on what we are doing and how things progress
    Last edited by Robin; 01-07-2010 at 03:38 AM.

  3. #13
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    Default know your rights

    Hi,
    The main problem is the way some Balinese want to treat us with a shocking discrimination. It is an offense to the human rights of every being and I feel like my responsibility here is to let them know there are some limits, especially when they have no legal power. This is an offense to the adat Bali and make the whole Balinese community look bad. I appreciate them and can t let this happen.

  4. #14
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    Dear Dedoo and Robin,
    Thanks for your support. I don t want to name the place in detail because this might affect the reputation of their whole community and except for the 5 people i spoke about, so far, they do not deserve this.
    I m in, Robin, if you have a meeting, let us know.
    If someone like a girl, it doesn t give him the right to rape her. If you like a car, it doesn t give you the right to steal it. Eventhough the girl is beautiful and the owner of that car the richest man on the planet.

  5. #15
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    Hmmmm... What a sad state of affairs. Unfortunately this happens far too often and it's disgusting how regularly they get away with it.

    The statement that it's only recently Balinese behave like this is so untrue. Throughout the years it's well known there can be a very nasty underlying character to some local Balinese people, whether it stems from greed or jealousy who knows. If you think it's isolated to foreigners you'd be wrong, and yes the Balinese do, very ignorantly, count non Balinese Indonesians as foreigners too. The fact is the ones with this character fault will generally behave that way to whoever, neighbours, family members, etc, it's just foreigners tend to speak more openly about it.

    The fact is Desa Adat and it's organisation in general has in many areas developed into a group of individuals that lack any understanding of other people's beliefs and rights to live in peace. It's either their outdated ideals and enforcement of made up unreasonable rules that you have to agree to or you are branded a Bali hater and told to "go back to your own country", then threatened with death or house burning. At the heart of things they are really cowards that only act out in groups by extorting and threatening good people.

    The suggestion Robin makes sounds sensible on the surface of things, getting a group of the other property owners may have a better affect when negotiating with the lowly characters. But be sure, even if things seem to go well with new negotiation, they can always harbour vindictive hateful feelings, so it may turn out to be a long term problem.

    It's so frustrating having to deal with these types of things and it's very sad such people are allowed to operate with such impunity, and it's terrible in many of these same situation the police are either powerless (by choice) or themselves afraid to go against the Deas Adat.

    P.S. A note to anyone interested in buying land in Bali. Please double and triple check the access to your land. It's actually against the law to sell land without access, but that means nothing. It's always the safest bet to have the road access on your certificate. Never ever rely on informal agreements, with neighbouring land owners to give right of access through their property!

  6. #16
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    Liesna it might be best to discuss this in private. You can write to me at Desarna@gmail.com if you want.

    This is up to you but I might be able to help you.

  7. #17
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    Dear Pete,

    I have checked the access as well in the BPN and discussed that with the Kelian adat and Dinas before. There were no more hidding cost to pat they said...except a usual pemopog that they couldn t calculate before we build a house....All of a sudden, the calculation came clear a month after we started to build and it became urgent to pay if we wish to continue.
    The kepala desa already signed the IMB and before him the Kelian Dinas and Kelian Adat.
    Sooooooo disgusting, they do believe it is a `normal` behavior telling me us is cheap!!!! in the next village they would charge you 20 000 euros as a welcome fee . Beautiful island isn t it ?

  8. #18
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    PeteD

    Thanks for the input, yes a sad state of affairs and also to hear that this is indeed not a new problem. The concern as you rightly say is that the problem will fester if we reach a favourable conclusion
    and it is something we have all discussed, so we are very aware with what we are doing and tread carefully.

    Indeed since the problem has arisen there have been a spate of burglaries, whether its by local people is not known as they have not been caught........the police are useless and also the properties security who are local Balinese which tells you something. All the burglaries have been carried out by groups of around 10 people so you stand no chance, its like a terror campaign to force you to pay up or force you out.. The latter may be what eventually happens, sell up and get out.

    With our access problem we found out that access rights were granted in 2002 and there is legal paperwork to prove it, but this seems to stand for nothing with the locals............just a bunch who are a law to them selves and legal agreements stand for nothing. As you say the police dont want to get involved and the local leader was not happy when they were called the first time the access was blocked.

    Its sad they behave like this and how they treat foriegners and indonesians, the latter I can only summise is because the central government is in Jakarta, whether its religous, cultural or historical I don't know as I don't know enough about the background. But you find similar problems in other parts of Indonesia.
    .

  9. #19
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    Default Forget about these extortionists

    Liesna, pollyanna, Robin,

    Quote Originally Posted by Peter Ka View Post
    These "fees" are ridiculous. However, you are now a part of that community, so I would contribute something. Perhaps a few Rp million. Hold your foot down on the rental "fees". None of their business.
    Sorry, Peter, but I TOTALLY disagree with you: Liesna, polloyanna, and Robin are NOT part of the "community," and never will be. What kind of "community" is this anyway? It's sounds to me more like a bunch of extortionists. Who, in his/her right mind would want to live in the midth of such a "friendly" community and be proud of it?

    I would NEVER summit to such blackmail: the Adat is one thing, grand theft is something else. Obviously you are not welcome in this village. In your position, I'd call it a lost (and a life's lesson), and I would pack-up and leave in a wink. There are plenty of other villgaes in Bali where the villagers do not behave in such mercenary manner. When living in a village, being part of the community is everything, but in such community...: you might as well be living in Central Los Angeles or in Katanga Province...And if you persist in wanting to stay in such a surrounding of thieves, be prepare for more down the line: blackmailers never have enough, and, I am sorry to say to you, you'll deserve what you'll get.

    PS. PeterD is right: this is certainly NOT a new phenomenon. Since my firts time in Bali, in 1984, I have heard and had personally some close calls myself when I decided to get involved in a Balinese "community."
    Last edited by tintin; 02-07-2010 at 06:52 AM.
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  10. #20
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    Quote Originally Posted by tintin View Post
    Liesna, pollyanna, Robin,

    Sorry, Peter, but I TOTALLY disagree with you: Liesna, polloyanna, and Robin are NOT part of the "community," and never will be. What kind of "community" is this anyway? It's sounds to me more like a bunch of extortionists. Who, in his/her right mind would want to live in the midth of such a "friendly" community and be proud of it?

    PS. PeterD is right: this is certainly NOT a new phenomenon. Since my firts time in Bali, in 1984, I have heard and had personally some close calls myself when I decided to get involved in a Balinese "community."
    Tintin, I have probably miscommunicated. Our village is absolutely lovely. They have been fair and reasonable. There was only one man who tried to get money for a road he didn't own, not our village. And the woman who wanted money for right-of-way or access truly does own the land the road is on. We were happy to pay.
    Our friend and nominee has been invaluable in showing us how things work and in acting as the communicator between us and the village. When we first found the land Wayan said the first thing we had to do was meet with the village elders, find out their expectations, and become a part of the community. That is what we have done and continue to do.
    Today we have our purification ceremony for the land and the village priest will be one of two priests involved in the ceremony. The village leader will also be there.
    Hopefully things will continue in this way and we will be a part of the community for the rest of our lives. We love our village and the Balinese people.

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