Conflict And Dispute Resolution In Indonesia

In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes.

Key messages Mediation is a conflict resolution mechanism that has emerged in countries with lots of conflicts related to land and industrial tree plantations. Its application on the ground, however, has yet to show satisfactory results.Mediation can be seen as a part of conflict transformation as it aims at reaching a long-term solution acceptable to all parties.There are many approaches to mediation in Indonesia, depending on legal processes and the status of mediators. In turn, this opens the door to mediation through the courts with certified mediators.The emergence of mediation and its recognition by the Indonesian Ministry of Forestry is closely linked to the acknowledgment of the presence of ‘conflict’ within the forest domain, which is opposed to the ‘violation of the law’ terminology that was traditionally used.Research of a case that stakeholders deemed a success in Jambi province in Sumatra, shows the challenges surrounding the application of conflict mediation, which can be fragile with the possibility of unsustainable outcomes if it does not fulfill its role as a means for conflict resolution.The limitations inherent in mediation should not prevent stakeholders in Indonesia from promoting it as an alternative approach in conflict management, from building a legal framework, or from developing experiences and a dynamic mediator network.

Key messages Competing land claims are the primary cause of conflict between communities and companies in most industrial tree plantation conflicts. Conflicts manifest in different ways. Communities often conduct physical protests and media campaigns, whereas companies frequently avoid dialogue and enlist the services of security forces to suppress conflict. The involvement of security forces should be regulated. Conflicts where external security personnel were involved had fatalities in 32% of the cases, versus none of the cases where external security personnel were not involved. In cases where violence occurred, the violence was mostly conducted by or directed against security personnel, army and police forces. However, we cannot differentiate between whether they were involved in a conflict already about to escalate, or whether their involvement escalated the conflict into violence. Mediation is widely misinterpreted and poorly implemented. However, efforts are being made by government and non-governmental actors to build capacity in principles and practices of mediation. More effort should be made to support communication between parties in conflict and to offer professional mediation services at an early stage of conflict. For the many conflicts that have already escalated to levels of physical violence, efforts to transform how the conflict is expressed or external intervention to enforce a solution may be most appropriate. While communication between conflicting parties may be supported by government, it should not be mediated by government, as government is in itself an actor in most of the conflicts (as it issues the permits to the land). Ideally, mediation services can be provided by professional mediators who are part of the Impartial Mediators Network or registered under the Roundtable on Sustainable Palm Oil (RSPO) or the Chamber of Commerce. Concrete actions that signal the parties’ commitment to ending or de-escalating the conflict are critical. Local activists and community members report that companies that are RSPO members are more easily held accountable. They also respond faster to complaints, even without direct intervention of the RSPO. Most conflicts with fatalities (67%) occurred on plantations that were not associated with an international sustainability initiative such as RSPO or FSC.

Indonesia's Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyze the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia.

This pathbreaking book grapples with an established reality: well-intentioned international development programs often generate local conflict, some of which escalates to violence. To understand how such conflicts can be managed peacefully, the authors have undertaken a comprehensive mixed-methods analysis of one of the world's largest participatory development projects, the highly successful Kecamatan Development Program (KDP), which was launched by the World Bank and the Indonesian government in the late 1990s and now operates in every district across Indonesia. --

Conflict Resolution Quarterly, an official publication of the Association for Conflict Resolution (ACR), publishes quality scholarship on relationships between theory, research, and practice in the conflict management and dispute resolution field to promote more effective professional applications.

Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

"Drawing on an integrated mixed methods research design, the authors explore the dynamics of the development-conflict nexus in rural Indonesia, and the specific role of development projects in shaping the nature, extent, and trajectories of "everyday" conflicts. They find that projects that give inadequate attention to dispute resolution mechanisms in many cases stimulate local conflict, either through the injection of development resources themselves or less directly by exacerbating preexisting tensions in target communities. But projects that have explicit and accessible procedures for managing disputes arising from the development process are much less likely to lead to violent outcomes. The authors argue that such projects are more successful in addressing project-related conflicts because they establish direct procedures (such as forums, facilitators, and complaints mechanisms) for dealing with tensions as they arise. These direct mechanisms are less successful in addressing broader social tensions elicited by, or external to, the development process, though program mechanisms can ameliorate conflict indirectly through changing norms and networks of interaction."--Cover verso.

The countries of China, Taiwan, Singapore, Japan, Korea, Malaysia, Philippines, Indonesia, and Thailand are brought together for the first time in an integrated and systematic work outlining each country's cultural themes, cultural practices, and preferred conflict resolution mechanisms. The new "ADR" processes and centuries-old mediation and conciliation systems used in these countries are compared with the evolving mediation and ADR systems, including facilitation in North America and the West. This comprehensive study analyzes the cultural "themes" commonly found in these countries' religious conflicts; and presents over 30 different stories, case studies, and conflict resolution scenarios from the region. Culture, Conflict, and Mediation in the Asian Pacific looks beyond traditional regional boundaries to group Hawai'i with the nine Asian countries as an example of mediation systems and cultural influence on the most "Asian" of the U.S. states (over 2/3 of the population of Hawai'i is Asian-American).