Abstract
This research is aimed at finding the appropriate method for Tribe Leaders (as Judges), guardians of local wisdom in resolving conflicts of interest particularly for indigenous people (Tolakinese) in Southeast Sulawesi. Legally speaking, this effort is essential in gaining legitimacy, hence based on customary law (Adat Law); village judges effectively resolve conflict in a faster, simpler and cheaper ways that are accepted by the community compared to the national criminal justice system. Nowadays, various conflicts often arise in communities, which cause economic, political, religious, ethnic, and self-esteem complications leading to conflicts of interest. Sadly, the Tolaki community is not exempted from this reality. This study seeks to offer an appropriate method of resolving conflict by using a consensus based approach to reach decision so as to create peace for the parties. This concept of consensus in deliberation has been practiced in Tolakinese society for a long time. This study found weaknesses and obstacles in its application of the substantial aspects; i.e. the role of village judges is limited by positive law; as well as from a structural aspect: the lack of institutional strengthening. The application of such methods can create a holistic and integrated policy in controlling and optimizing the source of collective strategic resources for the greatest benefit for greatest number of people.
Highlights
The philosophy of Indonesia is Pancasila which demands balance and harmony between the interests of individuals, society, and state
This effort is essential in gaining legitimacy, based on customary law (Adat Law); village judges effectively resolve conflict in a faster, simpler and cheaper ways that are accepted by the community compared to the national criminal justice system
This study found weaknesses and obstacles in its application of the substantial aspects; i.e. the role of village judges is limited by positive law; as well as from a structural aspect: the lack of institutional strengthening
Summary
The philosophy of Indonesia is Pancasila which demands balance and harmony between the interests of individuals, society, and state. The Pancasila based community life, individual interests and society occupies a balanced position, both complementing and limiting the harmony between the other interests, this guaranteed the realization of justice, tranquility and harmony in the community, this idealism is rooted in the social reality, Haris & Ukkas the state and the Indonesian people. The perpetrators and victims as well as the community sit together in handling the problem for further settlement. In this model, deliberation is directed at results that benefits all parties. The model of restorative justice in the handling of disputes is very much in line with the traditions, customs and culture of Indonesian society which is known for its problem resolving method referred to as “deliberation to reach consensus”.2
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