Conflict Situation and Proposals for Resolving Customary Land Conflicts in East Nusa Tenggara, Indonesia

Abstract

Objective: This research aims to understand the causes of customary land tenure conflicts based on the implementation of the applicable agrarian reform legal system, identify the root of the problem, and find solutions. Theoretical Framework: In addressing customary land conflicts, we employ Paul Wehr's guidelines, as endorsed by USAID, along with the insights provided by Qin et al. (2023), including Factors of History Conflict, Conflict context, Conflict parties, Issues, Dynamics, Alternative route to solution, Conflict regulation Potential, and Map Use. The use of maps is considered the crucial first step in conflict intervention. Methods: This research method uses a qualitative approach supported by in-depth interviews with 27 informants. Key informants are selected using a purposive sampling technique. We conducted a field observation study to re-check the correct data by reducing bias during data collection and analysis. The research question is why land conflicts occur in the Besipae customary forest area, and what is the solution to the problem. Results and Conclusions: Thematic analysis of in-depth interviews yielded eight themes, including land conflict as a fundamental issue, history of conflict, causes of land conflict, land acquisition, conflict cases, the impact of land conflict, agrarian reform, and conflict solutions. Analysis of observational studies revealed three key factors: communication, dissemination, and treatment of the psychiatric impact of conflict. Communication and dissemination factors play a key role in land conflicts because conflicts occur due to most people not knowing that their land will be used for road construction, oil palm plantations, dams, railway lines, tourism areas, and others. Land acquisition should be an open process and widely announced. The government and large companies can negotiate to buy community land at market prices, and the government finds new locations for evicted communities. Given that the 2018 presidential regulations have not been well disseminated, several agencies, institutions, and community groups lack understanding of the regulations' contents. Dissemination factors play an important role in avoiding land conflicts. Meanwhile, treatment of the psychiatric impact of the conflict was added to Wehr's guidelines, given that resolving conflict is not enough just by peace, but the impact it causes is very hard on the psychology, trauma, and stress in children. Research Implications: This study presents themes that district, provincial, and national governments can utilize. The outcomes of this strategy can assist policymakers in promoting the successful resolution of land conflicts in the Besipae forest area. Originality/Value: This research begins by utilizing the map of customary land conflicts, studying conflict factors based on history, observing conflict context, conflict parties, issues, conflict dynamics, alternative routes to solution, and conflict regulation potential. Utilizing the map is considered a crucial first step in effective conflict intervention, aiming to align the perceptions of all parties involved. The findings in the study area that include communication, dissemination, and treatment of the psychiatric impact of conflict need to be added to Paul Wehl's land conflict resolution guidelines, which can be applied to developing countries.