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PROPOSALS TO RESOLVE AGRARIAN CONFLICTS (policy and institutions)
CONCLUSION
After four years, the process of conflict resolution in the agrarian reform
framework of the Jokowi-Jusuf Kalla era does not seem to show any significant
progress. On the other hand, various investments and developments projects
seem to have accelerated, without any enhancement in people’s land tenure
security.
In short, land investments are at the center of national land policy. The effect
is that agrarian conflicts are increasing, and repressive procedures continue
to be used in containing them. Casualties and other forms of violence are
inevitable.
Agrarian reform requires political will. While the current government favors
agrarian reform, it is not firm and consistent enough. This can be seen in the
5
CSO proposals have included (1) the creation of a Komisi Nasional untuk Penyelesaian Konflik Agraria
(KNuPKA, or (National Commission for Agrarian Conflict Resolution) during the Megawati Administration,
and (2) the establishment of a Pembentukan Unit Kerja Presiden untuk Penyelesaian Konflik Agraria
(UKP2KA, or Presidential Work Unit for Agrarian Conflict Resolution) under the Jokowi Administration.
Indonesia Monitoring Report of Agrarian Conflicts for 2017-2018
The following are the proposals of civil society on resolving agrarian conflicts:
n Implementation of Basic Agrarian Law 1960 and House Assembly Decree
No. IX/2001; there is a need for the State’s corrective action against
sectoral or contradictory laws/regulations;
n Establishment of a comprehensive and systematic conflict resolution
mechanism from national to local level; led directly by the President
through a special and ad-hoc institution/commission on conflict resolution;
with multi-sectors and multi State-actors; and with people’s participatory
involvement;5
n Paradigm change on land and agrarian resources definition;
n Conflict resolution through agrarian reform implementation; urgency
to address land conflict areas; bottom up approach (LPRA) should be
recognized; implementation of Presidential Decree 86/2018;
n Formation of Task Force on Agrarian Reform (national to district level) within
three (3) months after the issued decree; implementation of Presidential
Decree 86/2018;
n Conflict resolution through recognition of IPs; customary forest recognition:
and, implementation of Constitution Court Ruling No.35 on Customary
Forest Recognition; and,
n Adoption of alternative development models/approaches that prioritize
the protection and respect over peoples’ rights to land and livelihood.
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