Sujadmiko, Bayu and Meutia, Intan Fitri (2015) BALINESE VS LAMPUNGNESE: MEASURING ADR APPLICABILITY TO RESOLVE ETHNIC CONFLICT IN INDONESIA. US China Law Review, 12 (1). pp. 91-103. ISSN 1930-2061

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Ethnic conflict between the villagers of Balinuraga (Balinese tribe) and the villagers of Agom and Negeri Pandaan (Lampungnese tribe) happened from October 27-29, 2012 in South Lampung, Indonesia. This horizontal conflict did not only create a massive material destruction, but also resulted in villagers’ evacuation, injury, and death. 1,108 villagers were evacuated and 247 of them were children. Fourteen villagers were reported killed and nine injured. The conflict was triggered from traffic accident of two girls from Lampungnese, who was helped by villagers of Balinuraga. However, as a result of provocation among the Lampungnese after the accident, it eventually became a serious sexual harassment issue that led to civil war. The resolution of its primordial conflict has basically been done through mediation between two provoked ethnicities. Restorative justice in Indonesia, in its development, has now become the social change opinion doctrine. It means that the punishment currently implemented in the criminal justice system has not been able to achieve the goals, for both the offender and the community at large. Therefore, there is an urgency for a theoretical thought with other procedural law adopted in this model, called Alternative Dispute Resolution (ADR) as a solution concept, which is faster and simpler without having to hurt the values of justice. Conflict through democracy has been the conceptual basis of ADR. It contains ideas that include establishing joint participation among the offender, victim and community groups in solving a crime that is deemed fairly to all parties (win-win solution), therefore it is considered to be applicable for indigenous conflict resolution. ADR has principally become an effective effort done by Civilian Police in Indonesia as a solution for community justice. In general, there are four important points of mediation, which are: (1) citizen contract, (2) cultural area, (3) citizen empowerment and (4) community policing.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: Bayu Sujadmiko
Date Deposited: 02 Jun 2017 12:13
Last Modified: 02 Jun 2017 12:13

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