Abstract
Since Reformasi, the period after President Soeharto stepped down in 1998, there have been many conflicts over natural resources or agrarian conflicts in Indonesia, sometimes accompanied by significant violence. Most are continuations of tensions that already existed under Soeharto’s New Order. Although at first instance the cases may appear similar to other cases in Indonesian criminal justice system, if looked at individually it becomes clear they are different, because in each there is a history of prolonged conflict surrounding the ‘offence’, which is main reason for its commission. Farmers or local villagers in most conflict areas are typically characterised by: low levels of education and knowledge; minimal or no formal legal documents for the land they claim; low institutional support; and a lack of alternative options for livelihood. Indonesia does not have a particular mechanism to resolve agrarian conflicts but criminal sanctions are often used against peasants and agrarian activists to obstruct their efforts to claim rights to land.
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