| Abstract |
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Manggarai is one of the districts that are in the province of East Nusa Tenggara. As Flores Islands, in general, community life in Manggarai is based on customary law. One element in the recognition of customary law society is the existence of indigenous territories. This region gave birth to different customary rights, namely the right of people mastery over the natural resources in their area. This right gives the authority to the indigenous people to organize, allocate and manage the natural resources of their communal territory. Customary rights are important for the people of Manggarai, they form a ground for indigenous people to maintain its existence as well as to support its survival. The opposite of it, other than as capital, the land is also often a seizure that triggered the conflict. In Manggarai, agrarian conflict over land is a severe conflict between the other districts of East Nusa Tenggara. This is indicated by the number of conflicts and the consequences thereof. Based on World Bank data, in the period of the 2000-2003, there are 44 conflicts that kill 15 persons in Manggarai. This case is different from other districts e.g. East Flores Regency, with 25 numbers of conflicts and 5 dead victims, and also in Ende which totally noted 16 conflicts and 3 people died. Similarly, data released by the Habibie Center that monitors the conflict between the years 1999-2012 states Manggarai regency was noted to have a greater death impact compared with other regions in the province. The district recorded 28 incidents that resulted in 35 deaths, higher than in East Flores with 45 incidents that killed 17 people. Even in a village in the Colol Indigenous Community as stated as testimony at the trial in the Constitutional Court of the Republic of Indonesia, the conflict that occurred in 2004 in the village had resulted in the death of 6 people, 27 people were injured and 51 homes destroyed.
The conflicts that occurred were involving various parties with different underlying motives. The parties to the conflict were individuals, beo/customary law community, between indigenous people and the government, and between the indigenous people and the investors. The conflicts that were described above are not only past conflicts but are still ongoing nowadays, specifically the ones that concerned the land issues. Therefore, the research proposal and community empowerment are intended as an attempt to participate in providing a solution to the current conflicts. The objective of this program is to provide, for the public, government and private sectors, a guide in the resolution of land conflicts. This research was conducted by the Faculty of Law Universitas Gadjah Mada in collaboration with the Faculty of Law Universitas Flores. This study is divided into three (3) important stages namely: (a) the first year, that will focus of field researches (field research), on the preparation of reports and on group discussions/seminars; (b) the second year will focus on the preparation module, public testing and training by researcher/partner; and finally the third year of the program will be used for the deployment of student service learning (Field Work Experience) at the research site as a form of community service activities. For the field study, the researchers will go directly into the terrain to obtain primary data. The primary data will be obtained through interviews with the indigenous village officials, customary law community, Manggarai District Government, and the National Land Agency of Manggarai. Besides, the field research will also be supported by a surveyor team from the Universitas Flores. In addition, some activities such as workshops will also be conducted at the University. Then in the second stage, the modules will be compiled and divided into four different types namely: modules for the public, the module for local governments, the module for the National Land Agency, and modules for the indigenous villages. All of these modules will be used as a guide to resolving land conflicts in Manggarai. Eventually, for the last stage, there will be students deployment in form of a student community service that will get into the field in order to be able to accompany the practice of land conflict resolution in Manggarai Regency intensely for 2 (two) months. Students who are deployed will be students who are officially following the community service program held by the University. The students will assist the conflict resolution training which is linked to several parties such as local governments, National Land Agency and communities. |
