Simandjuntak, Marcella Elwina and Suroto, Valentinus and Setianto, Benny Danang and SARWO, YOHANES BUDI (2018) Solving Religious-Based Social Conflict between the Sunni and the Shia in Sampang, Madura: When Can the State Stop Being Responsible? In: 11th International Conference on Management, Law, Economics and Interdisciplinary Studies (MLEIS-18), 11-12 January 2018, Bali, Indonesia.
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Abstract
The legal basis for resolving social conflicts in Indonesia is Law No. 7 Year 2012 and Government Regulation No. 2 Year 2015 on the Handling of Social Conflict. Both of these rules govern the state's responsibility when social conflict occurs in the framework of the protection of human rights. One type of social conflict that the state must solve is religious-based social conflict. The issue arises when the state has made a serious effort to do its obligations, but, on the other hand, the warring parties are unwilling to cooperate and even reluctant to pursue peace. This reluctance certainly puts the country in an awkward position. This paper will address the difficulties that arise in resolving religious-based Sunni-Shia conflicts that occur in Sampang, Madura, since post-conflict peace efforts have been made by the state for more than 5 (five) years. To date, one of the warring parties, the Shia group, still lives in a shelter outside the conflict area and, in the name of human rights, they insist on returning to their hometown. On the other hand, the Sunni are only willing to accept the Shia back to their hometown provided they have to return to the Sunni religious teachings because of the belief that Shia teachings are heresy. Under the existing conditions, the important question to be answered is how long does the state have to be responsible for resolving the conflict? If the state is not responsible, it will be criticized for violating human rights, but, on the other hand, the two conflicting parties remain unmoved and insist on their demand and truth. Keywords: state responsibility, social conflict, Sunni-Shia religious conflict
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | 300 Social Sciences > 340 Law > 348 Laws, regulations & cases 300 Social Sciences > 360 Social problems and social services 300 Social Sciences > 360 Social problems and social services > Violence |
| Divisions: | Faculty of Law and Communication > Department of Law |
| Depositing User: | Ms Marcella Elwina Simandjuntak |
| Date Deposited: | 24 Jun 2024 01:56 |
| Last Modified: | 24 Jun 2024 01:56 |
| URI: | http://repository.unika.ac.id/id/eprint/35678 |
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