Simanjuntak, Marcella Elwina and Setianto, Benny Danang and Suroto, Valentinus and SARWO, YOHANES BUDI (2018) Religion-Based Conflict Resolution: A Critical Review on the Regulations of Social Conflict Management in Indonesia within Human Rights Protection’s Framework. In: 7th International Conference on Law and Society (ICLAS), 11-13 April 2018, University Malaysia Sabah, Kota Kinibalu, Malaysia. (Submitted)

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Abstract

Social conflict could be caused by economic or political inequalities such as uneven distribution of natural resources, assets, power, and political opportunities; and by the disparities in the recognition of different groups’ identities such as traditions, cultures, languages, ethnicity, and religions. Due to some open-violence social conflicts happening in the past, at national level, Indonesia issued Act No. 7/2012 and Government Regulation No. 2/2015 on Managing Social Conflict. This article try to criticized those regulation by examining Government Mitigation Actions on Fajar Nusantara Movement (Gafatar Case). Some years ago, Gafatar’s member came to Mempawah, West Kalimantan from all over the country, built their own communities, served their own daily needs by creating their own farming fields and lived exclusively within their own compounds. Unfortunately, the people who live in their surrounding area were objected with their habits and their way of life. According to local communities, their behaviour and/or movement is considered as a heresy since the member of Gafatar tried to syncretize two or even three biggest religions in Indonesia i.e. Islam, Christian and Judaism. In the name of purifying their religion; the local community burnt down Gafatar’s compounds. The Indonesian Government step in by evacuating the members and sent them home to their original hometown. Until the present, there are still problems concerning their remaining property (land and goods) due to the conflit, i.e. who will own the right of the land, returning their motorcycles and household equipments left in Mempawah. Our findings show that Act No. 7/2012 and Government Regulation No. 2/2015 on Managing Social Conflict are not sufficient in settling the current problem. Both regulations may have articles managing the dispute by creating “peace” but not really solving the whole conflicts. Some actions still need to be done, at least by amending the regulations to ensure the protection of human rights. All data are collected through literature study, indepth-interview as well as focus group discussion with parties involved. Keywords: social conflict, religion, post-conflict settlement, government role, Gafatar.

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