Summary: | This thesis discusses the customary land conflict between indigenous
peoples and the company. The customary land conflicts between indigenous
peoples of Tanjung Nagari Manggopoh with PT. Mutiara Agam has lasted in long
duration. Various efforts have been done to manage and resolve this problem,
ranging from the mediation process until it is brought into the realm of law. The
process of conflict resolution in during time seems failure, because it has not been
able to create peace and agreement between each actor on the conflict.
This is a case study, because the conflict case in the present context and
the escalation of the conflict has been continueing until today. This study
systematically explores the information about the conflict of communal land to
find out how the conflic�s pottrait and conflict resolution is done. Theories used in
photographing the conflict in whole is a conflict�s theory, conflicts over natural
resources, conflict of lands, conflict resolutions, and conflict resolution strategies.
The customary lands conflict of Pasukuan Tanjung Manggopoh with PT.
Mutiara Agam has lasted in long duration. The conflict has become more
protracted because of the conflict resolution had failed to reach consensus as a
foothold in a genuine peace. The fundamental difference between the customary
law with formal law is like the distinction between oral tradition to written
tradition that has been strong reasons in viewing the failure of customary land
conflict resolution. The government has no clear legal tools to legitimize
customary rights of indigenous peoples orally and it is unrecognized in the formal
legal system. It needs a regulation from the Government as a relational bridge
between the two power laws. In general, the portrait of the conflict of customary
land Pasukuan Tanjung Manggopoh with PT. Mutiara Agam has the complex
actors. Many actors stand below the surface of the main actors that reproduce the
new conflict as an impact of major conflicts drag on. Dynamics, escalation of long
duration and complexity of the actor have created the conflict run into the issue
shifting and also the layered structure of conflicts. Primarily issue of conflict is
because of threatened identity then shifted into conflict of social, economic, and
political interests from the whole actors.
|