Local Wisdom-Based Settlement on Customary Land Conflict in the Border Region Between the Unitary State of the Republic of Indonesia and the Democratic Republic of Timor Leste in Kupang District

Abstract

This study aims at analyzing the settlement patterns of customary land disputes based on local wisdom on the state border between the Republic of Indonesia (hereinafter referred o as RI) and the Democratic Republic of Timor Leste (hereinafter referred o as RDTL). This pattern has been going on for generations since their ancestors by deliberation and consensus. The pattern of deliberation and consensus is the local wisdom of the tribes on the island of Timor. Based in this local wisdom concept, the effectiveness of its function to resolve conflicts over customary lands in the border area between the Unitary State of the Republic of Indonesia and the Democratic Republic of Timor Leste is examined. Through the socio-legal approach and the explanations of customary law theories and legal anthropology, it was found that deliberation was able to resolve customary land conflicts at the state borders, especially between RI and RDTL in Kupang Regency as long as there was no political intervention. This pattern is able to shift the diplomatic approach often used in the world of politics. Therefore, this pattern must be prioritized to resolve customary land conflicts on state borders before political efforts are implemented.

Keywords: conflict resolution models, customary land conflicts, deliberation and consensus, local wisdom.

DOI: 10.7176/JLPG/120-05

Publication date: April 30^th 2022