Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Fallow Land Conflict Settlement in Buru Island According to Indonesian Indigenous Law

Author(s): Nia Kurniati, Reginawanti Hindersah, Efa Laela Fakhriah

The land conflict occurs in Waeapo Valley in Buru District, Maluku, Indonesia due to farmlands ownership disagreement between the local community and the transmigrants from Java Island. This conflict causes horizontal conflict, leading to farmlands blockades by local community in some of the villages in Waeapo Valley of Buru District. Farming activities was ceased and the land became fallow land. The purpose of this research find out the legal certainty of land and dispute settlement alternatives based on local wisdom and customary right (adat in Indonesian); and Indonesian law. The research method normative juridical integrated by observation-based study. This study revealed that lands belong to indigenous communities has legal uncertainty because it is not registered on land agencies. So that fallow land conflict cannot be resolved by formal juridical process. The horizontal conflict settlement option is through a non-litigation settlement between the conflict of the communities based on mutual problem-sharing and spirit of kinship lead by elder people or public figure. The government should involve carrying out this option to support win-win solution. This study concludes that the horizontal conflict settlement options in Buru District should be based on the local wisdom which is a legal reflection of the Indonesia original law.