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Accepted Paper:

Land Dispute Settlements: The Comparative Studies between the Kotabatu People and the Suli and Tulehu People  
Lidwina Inge Nurtjahyo (Faculty of Law Universitas Indonesia)

Paper short abstract:

This paper compares the pattern of land dispute settlements between the Kotabatu’s people (Bogor) and the Tulehu and Suli’s (Maluku). There were some differences found. First, the role of the intermediaries and second, the tendency of the people to go to the court after the mediation failed.

Paper long abstract:

This paper describe the differencies pattern of land dispute resolution between the Kotabatu people in Bogor (research held from 2008 to 2012) and the Suli and Tulehu's people in Maluku (research held in 2011). However, in those places, the dispute reports were not listed in the administrative record of the village government. The resolutions were usually bringing the cases into mediation with the village chief as mediator. If mediation fails, the parties then went straight to the courts. In Tulehu and Suli, Maluku based on research in 2011, some cases of land disputes in Tulehu, rarely brought to the court. The people prefered to brought the disputes to the king or adat council for indigenous mediated. If not successful, the parties took the oath by religious leaders. The Court was just the last option. The differences between Kotabatu and Suli-Tulehu pattern in dispute settlements were caused by some emotional and social attachments among individuals who were involved in the dispute; the compliance with local custom, and also aspects of the impact of globalization on the economic value of land.

Panel G52
Rights, institutions and governance: perspectives on legal pluralism from Asia (IUAES Commission on Legal Pluralism)
  Session 1 Tuesday 6 August, 2013, -