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120 J.L. Pol'y & Globalization 33 (2022)
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

handle is hein.journals/jawpglob120 and id is 34 raw text is: Journal of Law, Policy and Globalization www-llste.or ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.120, 2022 1151E 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 1 Dominikus Ratol Aries Harianto2 1. Professor of Law Faculty of Jember Univesity as Main Researcher 2. Lecturer of Law Faculty of Jember University as Member 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. DOT: 10.7176/JLPG/120-05 Publication date: April 30th 2022 1. Introduction This research was carried out in 20162 before the peace agreement between the Kings of Timor in Naktuka in 20183 followed by the Land Boundary Dispute Peace Agreement between the Coordinating Minister for Political, Legal and Security Affairs (Wiranto), Foreign Minister (Retno Marsudi) and the Minister of Strategic Planning and Investment of the Democratic Republic of Timor Leste, Xanana Gusmao, on Monday, July 22, 2019.4 This study aims at examining the local wisdom approach in resolving customary land disputes that cross state borders between 2 (two) or more parties having the same lineage. However, it has no other interest, but aims to see the significant role of local wisdom and the customary law. This study focuses on customary land conflicts at state borders. Thus issue is always interesting because customary land is located across the state border between the Republic of Indonesia (RI) and the Democratic Republic of Timor Leste (RDTL). It has the potential for conflict emergence between countries, because there is no state judiciary is competent to enforce justice for the heirs who are still brothers and sisters entitled to customary lands who are from those who have different citizenship. On March 26, 2008,5 a conflict between border crossers from Timor Leste and Indonesia occurred which cause the death of one of the border crossers. It became a political issue at that time. However, this study did not examine such problems. It focuses more on customary land conflicts between two or more people of different citizenship, but they are members of the same tribe. Thus, they have equal rights over the customary land. There are 5 (five) points of customary land subjects as source of conflicts. On 10 October 2010,6 the Government of the Democratic Republic of Timor Leste (RDTL) claimed the Naktuka area in Netemnanu Village (RI). The RDTL people built buildings, roads, and electricity warehouses. It is to provoke the emotions of Indonesian citizens to be the international issue. Border issues between Indonesia 'Journal of research result funded by DP2M Dikti, 2016. 2Dominikus Rato and Ermanto Fahamsyah, 2016, Penyelesaian Sengketa Tanah Adat Berbasis Kearifan Lokal Di Perbatasan Indonesia - Timor Leste Di Kabupaten Kupang Nusa Tenggara Timur. Jember: Lemlit Universitas Jember. 3Anry Syaiful, 2018, Kesepakatan Para Raja dan Perbatasan RI-Timor Leste di Naktuka. In htLpas:;! www.ipudan6.com/reiona1readl32 366621keseyakatan-Para~raj a~dan perbatasan-xi-timor-leste-di-naktuka 4Rachmat Nur Hakim dan Diamanty Meiliana, 2029, Indonesia dan Timor Leste Sepakati Penyelesaian Sengketa Perbatasan Darat. In htws://uasionaLkomras.co mlread/2019/07/22.1923395 - 5Dominikus Rato and Ermanto Fahamsyah, 2016, loc, cit. 6LIPI, t.t, Politik Internasional. Konflik Komunal di Perbatasan Indonesia-Timor Leste dan Upaya Penyelesaiannya, in pteny/ewww. ols itik-nnva.,cesin //o. March 7,26. Penvyelesaiannvalitml, accessed in March 17, 2016. 33

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