Restorative Justice and Agrarian Reform Conflict Resolution

Abstract: The government emasculates agrarian reform. The government no longer interprets agrarian reform as a restructuring of land ownership. Furthermore, the interpretation of agrarian reform now primarily focuses on asset legalization, land redistribution, and social forestry. The issue lies in the emasculation of agrarian reform. Various structural agrarian conflicts remain unresolved after the government's implementation of agrarian reform. Differences in interpretation of agrarian reform trigger the conflict. The government's interpretation is different from the community's interpretation, which considers agrarian reform to be a systematic effort to provide the community with access to land. The author recommends the concept of restorative justice as an effort to resolve this problem. The government should use restorative justice instead of the militaristic approach to resolve the problem. This article employs an empirical legal research method, combining a sociological perspective and a case study approach. This article contains several important findings, one of which is that asset legalization is not an agrarian reform. Asset legalization fails to address the issue of land ownership inequality. The government's implementation of land redistribution fails to address the issue of land ownership inequality. The government's version of land redistribution not only fails to resolve the issue of land ownership inequality, but also seizes land from marginalized communities. The same goes for social forestry. Social forestry leaves behind unresolved agrarian and environmental conflicts. Differences in interpreting agrarian reform actually cause all these problems. Therefore, we can use restorative justice as an alternative to solving the problem. As a problem-solving model involving victims and suspects, this resolution model seeks peace between the two parties. The hope is that there will be no more bloody agrarian conflicts, especially related to agrarian reform in Indonesia. Keywords: Agrarian Conflict, Agrarian Reform, Restorative Justice

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Publication Details

Journal
BHUMI Jurnal Agraria dan Pertanahan
Published
2024-11-06
DOI
https://doi.org/10.31292/bhumi.v10i1.773
Primary Topic
Global trade, sustainability, and social impact
Type
article
Field-Weighted Citation Impact
0.00

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article

Restorative Justice and Agrarian Reform Conflict Resolution

Muhammad Fikri Alan
BHUMI Jurnal Agraria dan Pertanahan
Global trade, sustainability, and social impact
article

Restorative Justice and Agrarian Reform Conflict Resolution

Muhammad Fikri Alan
article en

Abstract

Abstract: The government emasculates agrarian reform. The government no longer interprets agrarian reform as a restructuring of land ownership. Furthermore, the interpretation of agrarian reform now primarily focuses on asset legalization, land redistribution, and social forestry. The issue lies in the emasculation of agrarian reform. Various structural agrarian conflicts remain unresolved after the government's implementation of agrarian reform. Differences in interpretation of agrarian reform trigger the conflict. The government's interpretation is different from the community's interpretation, which considers agrarian reform to be a systematic effort to provide the community with access to land. The author recommends the concept of restorative justice as an effort to resolve this problem. The government should use restorative justice instead of the militaristic approach to resolve the problem. This article employs an empirical legal research method, combining a sociological perspective and a case study approach. This article contains several important findings, one of which is that asset legalization is not an agrarian reform. Asset legalization fails to address the issue of land ownership inequality. The government's implementation of land redistribution fails to address the issue of land ownership inequality. The government's version of land redistribution not only fails to resolve the issue of land ownership inequality, but also seizes land from marginalized communities. The same goes for social forestry. Social forestry leaves behind unresolved agrarian and environmental conflicts. Differences in interpreting agrarian reform actually cause all these problems. Therefore, we can use restorative justice as an alternative to solving the problem. As a problem-solving model involving victims and suspects, this resolution model seeks peace between the two parties. The hope is that there will be no more bloody agrarian conflicts, especially related to agrarian reform in Indonesia. Keywords: Agrarian Conflict, Agrarian Reform, Restorative Justice

BHUMI Jurnal Agraria dan PertanahanVol. 10(1)
Institut Agama Islam Negeri Bengkulu (ID)
Universitas Nasional
Openalex Percentile: Top 66%
Global trade, sustainability, and social impact
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