Paper Title
Towards an Alternative Solution in Resolving Conflict Over the Customary Land in Papua, Indonesia
Abstract
This article aims to examine the customary land conflict in Papua using phenomenology approach. Dualism in the management of the customary land has long become the issue that impedes development agenda in Papua, Indonesia. This article argues that the development process in the third world faces a land-use dilemma. The land management stands between the two dilemmatic regulations namely traditional-cultural law and public law. Using phenomenology strategy the authors deeply collected the data related to customary land among indigenous peoples (Ondoafi) in Papua Indonesia, as well as interpretation towards land governance during land transformation for development. Further, this research enriched by study throughout land governance and law compilations in Indonesia's national legal codification. The study shows most of the land conflicts involving the customary land communities in Papua are rooted in the perception of the conflicting parties towards the land. The adoption of respectful values and decent attitudes toward the land and environment prevailing in the indigenous community to the formal law and regulation especially in Papua are necessary. This article results in the development of the hybrid space to bridge the conflict and enables conflicting parties to live in harmony.
Keywords - Customary Land, Hybrid Space, Papua, Ulayat