Religion-Based Conflict Resolution: A Critical Review on the Regulations of Social Conflict Management in Indonesia within Human Rights Protection’s Framework

Simandjuntak, Marcella Elwina and Suroto, Valentinus and Setianto, Benny Danang 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, 11th April 2018 - 13th April 2018, University Malaysia Sabah, Malaysia. (Unpublished)

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Abstract

Social conflicts could be caused by social, economic or political inequalities such as uneven distribution of power, political opportunities, natural resources, assets etc. But it could also be caused 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 the national level, Indonesia issued Act No. 7/2012 and Government Regulation No. 2/2015 on Handling of Social Conflict. This article criticizes the regulations by examining the Government Mitigation Actions on Fajar Nusantara Movement (Gafatar) Case). Some years ago, Gafatar members came to Mempawah, West Kalimantan, from all over the country, built their own communities, and served their own daily needs by creating their own farming fields and lived exclusively within their own compounds. People who live in the surrounding area objected their habits and ways of life. According to local communities, their behavior and/or movement is considered as a heresy since the members of Gafatar tried to syncretize two biggest religions in Indonesia i.e. Islam and Christianity. With the goal of purifying their religion, the local community burnt down the Gafatar compounds. The Indonesian Government steps in by evacuating the members and sent them to their original hometown. At present, there are still problems concerning their remaining property (the land and goods) due to the conflict, i.e. who will own the right of the land and also who will return or take care of their motorcycles and household equipment left in Mempawah. Our findings show that Act No.7/2012 and the Government Regulation No. 2/2015 on Handling of Social Conflict are not sufficient in settling the current problem. Both regulations may have articles managing the dispute by creating “peace” but do not really solve 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, in-depthinterview as well as focus group discussion with the parties involved Keywords: social conflict, religion, post-conflict settlement, government role, Gafatar

Item Type: Conference or Workshop Item (Paper)
Subjects: 300 Social Sciences > 340 Law
300 Social Sciences > 340 Law > International Law
Divisions: Faculty of Law and Communication
Depositing User: mr Yohanes Budi Sarwo
Date Deposited: 14 May 2024 05:28
Last Modified: 15 May 2024 00:25
URI: http://repository.unika.ac.id/id/eprint/35504

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