COLLABORATIVE (PARTNERSHIP) AS A FORM OF "RESTORATIVE JUSTICE" IN CONFLICT RESOLUTION FOREST RESOURCES MANAGEMENT

Agus Surono

doi:10.20884/1.jdh.2016.16.3.648

Abstract

Conflict management of forest resources among communities around forest areas often occur in various regions, particularly in some national parks and forest management as Perhutani in Java and Inhutani outside Java. These conflicts indicate the forest resources management has not effectively made a positive impact in improving communities welfare around forest areas. Although the provisions of Article 3 in conjunction with Article 68 of Law No. 41 of 1999 on Forestry, provide the basis for communities around the forest rights of forest areas, but in reality there are still people around forest areas that do not enjoy such rights and it is this which often leads to conflicts in the management of forest resources. In the event of conflict, the solution can be done collaboratively (partnership) which is one form of restorative justice is an alternative dispute resolution (ADR).Keywords: collaborative, conflict, restorative justice, forest resources.

Highlights

According to the Ministry of Forestry, extensive tropical forests of Indonesia are approximately + 138 million hectares, reflecting wealth of natural tremendously and considered as the lungs of the world which has an important role as a life support system and economic growth
Under the provisions of Article 3 in conjunction with Article 68 of Law Number 41 Year 1999 mentioned above, it can be concluded that if there are conflicts over the management of forest resources, the solution can be done through the completion of a collaborative approach which is a form of restorative justice in conflict resolution management of forest resources
The issues of conflict management of forest resources occur for several reasons: the overlapping interpretation of the regulations in the field of forestry, the notion that one of the government and business entities in the forestry sector both public and private about the existence of the community around forests, their different historical conditions in forest management in Java and outside Java

Summary

Introduction

According to the Ministry of Forestry, extensive tropical forests of Indonesia are approximately + 138 million hectares, reflecting wealth of natural tremendously and considered as the lungs of the world which has an important role as a life support system and economic growth. Conflict management of forest resources is often the case in many areas, both in Kalimantan, Sumatra and other Indonesian regions. Conflict management of forest resources, often occurs among the forestry, mining, oil and gas, agriculture and other sectors. Some forest management-related conflicts, among other, are: First, Conflicts between indigenous people Sape Labuan Bajo and Kruger National Park (KNP), which is essentially caused by the ban on fishing at zone restrictions imposed unilaterally TNK parties; Second, Conflicts between DIY people and Central Java located around Mount Merapi National. The problem characteristics of is the lack of recognition and protection and the rights of indigenous people on forest resource use in which they live.. Conflict management of forest resources occurs in Perhutani Java and Inhutani other than Java. There are still people around forest areas who do not satisfy with such rights and this leads conflicts of the forest resources management.

Discussion

A Case Study Deforestation To Expanding the Area of

Conclusion