Gaining Ground: Institutional Barriers Hampering Land Conflict Resolution in Indonesia

This study aims to describe the factors that cause land conflicts between the community and the Air Force in the Indonesian Air Force in Suwondo and the strategies that the community uses in demanding their land rights. The author chose a qualitative approach with the ethnographic method to understand more deeply what is behind an event that took the process, causes and conflict resolution. The results showed that the factor causing the conflict was the claim of each party to the land. Conflict resolution efforts are carried out by the community to obtain land rights through non-litigation advocacy processes and litigation advocacy. The results of these two strategies were able to encourage the government to restore community rights to their land even though it had to go through a long struggle. In July 2020 the government issued a policy to move the Sowondo Base to Langkat Regency.

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KONFLIK TANAH ULAYAT ANTARA KAMANAKAN MALAKOK VS NINIAK MAMAK SUKU TOBO DI NAGARI PADANG LAWEH, KEC. KOTO VII, KAB. SIJUNJUNG

Jurnal Ilmu Sosial Mamangan ◽

10.22202/mamangan.v2i1.1366 ◽

2013 ◽

Vol 2 (1) ◽

pp. 49-59

Author(s):

Welda Ningsih ◽

Dian Kurnia Anggreta ◽

Rinel Fitlayeni

Keyword(s):

Qualitative Research ◽

Conflict Resolution ◽

Data Collection ◽

Research Method ◽

Land Conflicts ◽

Qualitative Research Method ◽

Land Conflict ◽

Communal Land ◽

Two Sides ◽

Depth Interviews

Conflict of communal land between kamanakan malakok with niniak mamak in Tobo clan Nagari Padang Laweh, District Koto VII Sijunjung which in this conflict kamanakan malakok from areas Bukit Bual seeks to maintain in order to get the management rights of communal land that is the intersection of SMP 8 Nagari Padang Laweh which is the possession of niniak mamak Tobo tribe does not comply with the decision of niniak mamak. The approach used in this study is a qualitative research method and descriptive. The data collection is done by observation and in-depth interviews. Based on the results of research conducted, communal land conflicts caused by kamanakan malakok who worked and fence off communal land without the permission and niniak mamak Tobo Tribe resulting land conflict issues. While the forms of conflict resolution is performed by the deliberation and consensus between the two sides, the conflict is not resolved by the prince of the tribe resulted in the issue resolved through official institutions, namely guardian Nagari, the prince of the tribe and the latter through the police, after receiving the decision of the police.Konflik tanah ulayat antara kamanakan malakok dengan niniak mamak Suku Tobo di Nagari Padang Laweh, Kecamatan Koto VII Kabupaten Sijunjung yang mana di dalam konflik ini kamanakan malakok yang berasal dari daerah Bukit Bual berupaya mempertahankan supaya mendapatkan hak pengelolaan tanah ulayat yang ada simpang SMP 8 Nagari Padang Laweh yang merupakan kepunyaan dari niniak mamak suku Tobo dengan jalan tidak mematuhi keputusan dari niniak mamak. Pendekatan yang digunakan dalam penelitian ini adalah metode penelitian kualitatif dengan tipe deskriptif. Pengumpulan data dilakukan dengan observasi dan wawancara mendalam. Berdasarkan hasil penelitian yang dilakukan, konflik tanah ulayat disebabkan oleh kamanakan malakok yang menggarap dan memagari tanah ulayat tanpa seizin dan sepengatahuan niniak mamak Suku Tobo sehingga terjadi permasalahan konflik tanah. Sedangkan bentuk penyelesaian konflik dilakukan memalui musyawarah dan mufakat antara kedua belah pihak. Konflik yang tidak terselesaikan oleh penghulu suku mengakibatkan persoalan diselesaikan melalui lembaga resmi yaitu wali Nagari, penghulu suku dan terakhir melalui pihak kepolisian.

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KONFLIK PENGUASAAN TANAH PERKEBUNAN

University Of Bengkulu Law Journal ◽

10.33369/ubelaj.1.1.45-67 ◽

2017 ◽

Vol 1 (1) ◽

pp. 45-67

Author(s):

HERAWAN SAUNI

Keyword(s):

Conflict Resolution ◽

Land Tenure ◽

Agricultural Land ◽

Land Rights ◽

Land Ownership ◽

Land Conflicts ◽

Land Conflict ◽

Farm Land ◽

Or Groups ◽

Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory. Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

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Model of conflict resolution at KHDTK Carita through participatory action research

IOP Conference Series Earth and Environmental Science ◽

10.1088/1755-1315/917/1/012008 ◽

2021 ◽

Vol 917 (1) ◽

pp. 012008

Author(s):

I Bangsawan ◽

L R Wibowo ◽

Subarudi ◽

I Hudiyani ◽

L Hakim ◽

...

Keyword(s):

Conflict Resolution ◽

Action Research ◽

Participatory Action Research ◽

Local Level ◽

National Level ◽

Participatory Action ◽

Land Conflicts ◽

National Priority ◽

Almost All ◽

Priority Policy

Abstract The Minister of Environment and Forestry has designated 52 units of Special Purpose Forest Areas (KHDTK) in 2015, in which the Research Development and Innovation Agency manages 35 units with an area of 37,569 ha. In fact, almost all of the KHDTK areas are inseparable from land conflicts with local communities, including in KHDTK Carita. More than 600 farmers have encroached 80% of the area by developing non-forestry crops. This study aims to provide a policy recommendation for conflict resolution in KHDTK and encourage the acceleration of implementation and achievement of national priority policy targets for social forestry. For this study, a participatory action research (PAR) approach is used to encourage social change at the local level and policies at national level. The results of the study reveal that there are two types of conflict namely management conflict involving three different institutions, and utilization conflict involving residents who live in two different villages. A combination of a local elite approach and a formal (legality) approach are needed in conflict resolution. Recognition and protection of forestry partnerships (Kulin KK) is also one of the solutions offered in conflict resolution.

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Ridwan

10.31219/osf.io/32rsc ◽

2021 ◽

Author(s):

GOVERNANCE: JURNAL POLITIK LOKAL DAN PEMBANGUNAN

Keyword(s):

Conflict Resolution ◽

Social Life ◽

Customary Law ◽

Land Conflicts ◽

Land Conflict ◽

The Social ◽

Research Period ◽

The Hamlet

In the social life of indigenous Malay community has an important role, both as a basis for the action, as well as how to solve the problems. Lembaga Adat Melayu Dusun Muara Kuamang has been actively involved in land conflicts in Hamlet menyelsasikan Kuamang Estuary. This study examines the strategies of the Institute of Traditional Malay village in Muara Kuamang menyelelesaikan land conflicts in Dusun Muara Kuamang. This research was conducted in Muara Kuamang Hamlet with the research period January to April 2020. The results of the study found that customary law can be used as an alternative to conflict resolution that is more knowledgeable and prudent. Customary law is able to provide a major role in resolving land conflicts that occur in the hamlet of Muara Kuamang. Strategy Board Raya Dusun Muara Kuamang in land conflict resolution in Dusun Muara Kuamang including through mediation and custom assembly. The constraints Lembaga Adat Melayu Dusun Muara Kuamang. in the settlement of the land conflict in Dusun Muara Kuamang, that is, the disputing parties did not comply, the limitations of witnesses in the trial and the order of the trial were not complied with by the disputing parties.

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KONFLIK PENGUASAAN TANAH PERKEBUNAN

University Of Bengkulu Law Journal ◽

10.33369/ubelaj.v1i1.1327 ◽

2017 ◽

Vol 1 (1) ◽

pp. 45-67

Author(s):

HERAWAN SAUNI

Keyword(s):

Conflict Resolution ◽

Land Tenure ◽

Agricultural Land ◽

Land Rights ◽

Land Ownership ◽

Land Conflicts ◽

Land Conflict ◽

Farm Land ◽

Or Groups ◽

Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory. Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

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Entrepreneurship Management at the Local Government Level: The Experience of the Cities for Entrepreneurs Program

Journal of Business and Economics ◽

10.15341/jbe(2155-7950)/05.09.2018/002 ◽

2018 ◽

Vol 9 (5) ◽

pp. 388-407

Author(s):

Patricio Gigli ◽

◽

Donatela Orsi ◽

Marisel Martín Aramburú ◽

◽

...

Keyword(s):

Human Capital ◽

Local Government ◽

Local Governments ◽

Structural Characteristics ◽

National Level ◽

Development Issue ◽

Starting Point ◽

Local Government Level ◽

Micro Level ◽

Government Level

This paper aims at describing the experience of the Cities for Entrepreneurs Program (Ciudades para Emprender or CPE) of the National Directorate of Community and Human Capital (which belongs to the SEPYME), National Ministry of Production. This paper starts from the premise that entrepreneurship takes place at the most micro level of the offer and, therefore, is a concept associated with the characteristics of the environment closest to that offer: the local territory. However, there is little history in the country of public policies relating the issue of entrepreneurship with the local management. That is why we take as a starting point the conceptualization of the chosen framework: local governments and the development issue, seen from the perspective of entrepreneurships. Moreover, an overview is given on the structural characteristics of municipalities in Argentina. In addition, some international experiences and attempts to promote entrepreneurship at a national level are analyzed. Finally, the Cities for Entrepreneurs Program (CPE) is outlined, based on a summary of the diagnoses of the Entrepreneurial Ecosystems of the selected cities and the tools used and their execution status at the time of publication of this paper.

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General Particulars Regarding the Conflict of Interest

International conference KNOWLEDGE-BASED ORGANIZATION ◽

10.2478/kbo-2020-0067 ◽

2020 ◽

Vol 26 (2) ◽

pp. 145-149

Author(s):

Aurelia Teodora Drăghici

Keyword(s):

Local Government ◽

Conflict Of Interest ◽

Conflicts Of Interest ◽

National Level ◽

The State ◽

Role Of The State ◽

Legal Implications ◽

Determining Factors ◽

Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

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Fit-For-Purpose Applications in Colombia: Defining Land Boundary Conflicts between Indigenous Sikuani and Neighbouring Settler Farmers

Land ◽

10.3390/land10040382 ◽

2021 ◽

Vol 10 (4) ◽

pp. 382

Author(s):

Laura Becerra ◽

Mathilde Molendijk ◽

Nicolas Porras ◽

Piet Spijkers ◽

Bastiaan Reydon ◽

...

Keyword(s):

Conflict Resolution ◽

Indigenous Peoples ◽

Field Measurements ◽

Third Parties ◽

Participatory Mapping ◽

Social Cartography ◽

Land Conflicts ◽

Land Administration ◽

Fit For Purpose ◽

Communal Lands

One of the most difficult types of land-related conflict is that between Indigenous peoples and third parties, such as settler farmers or companies looking for new opportunities who are encroaching on Indigenous communal lands. Nearly 30% of Colombia’s territory is legally owned by Indigenous peoples. This article focuses on boundary conflicts between Indigenous peoples and neighbouring settler farmers in the Cumaribo municipality in Colombia. Boundary conflicts here raise fierce tensions: discrimination of the others and perceived unlawful occupation of land. At the request of Colombia’s rural cadastre (Instituto Geográfico Agustín Codazzi (IGAC)), the Dutch cadastre (Kadaster) applied the fit-for-purpose (FFP) land administration approach in three Indigenous Sikuani reserves in Cumaribo to analyse how participatory mapping can provide a trustworthy basis for conflict resolution. The participatory FFP approach was used to map land conflicts between the reserves and the neighbouring settler farmers and to discuss possible solutions of overlapping claims with all parties involved. Both Indigenous leaders and neighbouring settler farmers measured their perceived claims in the field, after a thorough socialisation process and a social cartography session. In a public inspection, field measurements were shown, with the presence of the cadastral authority IGAC. Showing and discussing the results with all stakeholders helped to clarify the conflicts, to reduce the conflict to specific, relatively small, geographical areas, and to define concrete steps towards solutions.

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With a Little Help from Their Friends: The Consequences of Populists in National Government for Policymaking in Local Government

Government and Opposition ◽

10.1017/gov.2021.11 ◽

2021 ◽

pp. 1-26

Author(s):

Fred Paxton

Keyword(s):

Local Government ◽

National Government ◽

Radical Right ◽

Local Policy ◽

Institutional Settings ◽

Strategic Value ◽

Two Factors ◽

Multilevel Perspective ◽

Radical Right Parties ◽

Newspaper Data

Abstract Despite increasing research into populist parties in power, their impact on subnational institutions has been neglected. Taking a novel multilevel perspective, this article inquires into the policy consequences of populist radical right parties (specifically, the FPÖ and Lega) in local government, and the effect of their simultaneous participation in national government. The article shows the expansion of exclusionary policy that follows their concurrent presence in national and local government. The process that leads from national government entry to local policy influence is traced using interview and newspaper data. The article argues that the influence of central parties over these ‘showcase’ localities is rooted in different multilevel governance configurations. These vary cross-nationally according to two factors: the strength of mayors’ linkages with higher government levels in the different institutional settings and, due to the different extent of party nationalization, the strategic value of the municipality to the central party.

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