"Restorative Justice" in Conflict Resolution Forest Resources Management

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COLLABORATIVE (PARTNERSHIP) AS A FORM OF "RESTORATIVE JUSTICE" IN CONFLICT RESOLUTION FOREST RESOURCES MANAGEMENT

Agus Surono Faculty of Law, Universitas Al Azhar Indonesia E-mail: [email protected]

Abstract

Conflict management of forest resources among communities around forest areas often occur in va- rious regions, particularly in some national parks and forest management as Perhutani in Java and Inhutani outside Java. These conflicts indicate the forest resources management has not effectively made a positive impact in improving communities welfare around forest areas. Although the pro- visions of Article 3 in conjunction with Article 68 of Law No. 41 of 1999 on Forestry, provide the basis for communities around the forest rights of forest areas, but in reality there are still people around forest areas that do not enjoy such rights and it is this which often leads to conflicts in the management of forest resources. In the event of conflict, the solution can be done collaboratively (partnership) which is one form of restorative justice is an alternative dispute resolution (ADR).

Keywords: collaborative, conflict, restorative justice, forest resources.

Abstrak

Konflik pengelolaan sumber daya hutan antara masyarakat sekitar kawasan hutan sering terjadi di berbagai daerah, terutama terjadi di beberapa taman nasional dan pengelolaan hutan oleh Perhutani di Jawa dan Inhutani di luar Jawa. Konflik ini menunjukkan pengelolaan sumber daya hutan masih belum efektif memberikan dampak positif dalam meningkatkan kesejahteraan masyarakat di sekitar kawasan hutan. Meskipun ketentuan Pasal 3 jo Pasal 68 Undang-Undang Nomor 41 Tahun 1999 tentang Kehutanan, memberikan hak bagi masyarakat sekitar kawasan hutan, namun pada kenyataannya masih ada masyarakat di sekitar kawasan hutan yang tidak menikmati hak-hak tersebut dan hal inilah yang sering menyebabkan konflik dalam pengelolaan sumber daya hutan. Dalam hal terjadi konflik, salah satu solusi yang bisa dilakukan adalah melalui penyelesaian secara kolaboratif (partnership) yang merupakan bentuk keadilan restoratif yang dapat dikategorikan sebagai bentuk alternatif penyelesaian sengketa (ADR).

Kata kunci: kolaboratif, konflik, keadilan restoratif, sumber daya hutan.

Introduction Diversity of plants Indonesia was ranked According to the Ministry of Forestry, ex- the top five in the world, which has more than tensive tropical forests of Indonesia are appro- 38,000 species, 55% endemic. The magnitude of ximately + 138 million hectares, reflecting the potential for Biological Diversity is certainly wealth of natural tremendously and considered very beneficial to the authorized capital of the as the lungs of the world which has an impor- nation in terms of economic development, pri- tant role as a life support system and economic mary necessity availability, resources of medi- growth. Viewed from its function, the forest cinal plants, means of preservation of cultural area was divided into production forests, values, as well as for the development of scien- protected forests and conservation forests.1 ce. The existence of the conservation area, are closely related to the presence of local com- 1 Purnawan Dwikora Negara, "Rekonstruksi Kebijakan Pe- ngelolaan Kawasan Konservasi Berbasis Kearifan Lokal Sebagai Kontribusi Menuju Pengelolaan Sumber Daya A- November 2011, Malang: Puskasi FH Universitas Widya- lam Yang Indonesia", Jurnal Konstitusi, VoL. IV, No. 2, gama Malang, page 92. Collaborative (Partnership) as a Form of "Restorative Justice" in... 333

munities that have values of local wisdom, but Semeru National Park Lore Lindu National Park in fact in some other forest areas, they cannot Togian Islands National Park Rawa Aopa Wato- optimally contribute to participation in provi- mohai, Volcano National Park Hazy, Bunaken ding protection and even marginalized, which National Park, National Park Taka Bonerate, Se- was seen as a source of conflict.2 ribu Islands National Park. Examining the afore- Conflict management of forest resources mentioned examples, the problem characteris- is often the case in many areas, both in Kali- tics of is the lack of recognition and protection mantan, Sumatra and other Indonesian regions. and the rights of indigenous people on forest Conflict management of forest resources, also resource use in which they live.5 often occurs among the forestry, mining, oil and Conflict management of forest resources gas, agriculture and other sectors. Only a few also occurs in Perhutani Java and Inhutani other cases occur in East Kalimantan, Central Kali- than Java. These conflicts indicate the manage- mantan, South Kalimantan, West Kalimantan, ment of forest resources do not effectively Jambi, Lampung, South Sumatra, Batam, Seribu make a positive impact in improving the welfare Islands and some other parts in Indonesia.3 of communities around the forest areas. Al- Some forest management-related con- though the provisions of Article 3 in conjunction flicts, among other, are:4 First, Conflicts with Article 68 of Law Number 41 Year 1999 on between indigenous people Sape Labuan Bajo Forestry provide a basis of community to man- and Kruger National Park (KNP), which is essen- age the forest. However, there are still people tially caused by the ban on fishing at zone re- around forest areas who do not satisfy with such strictions imposed unilaterally TNK parties; rights and this leads conflicts of the forest re- Second, Conflicts between DIY people and Cen- sources management. To deal with, the solution tral Java located around Mount Merapi National can be done collaboratively (partnership) which Park (TNGM) and TNGM parties, in which people is one form of restorative justice is an alterna- who have lived for generations have ignored tive dispute resolution (ADR).6 their rights; and Third, Conflicts between indi- Based on the description, the problems genous people Wakatobi National Park in North are formulated as follows. First, What are the Sulawesi Wakatobi archipelago where fishing causes of conflict management of forest re- communities who manage the waters from one sources; Second, What forms of conflict resolu- generation to another have been barred from tion management of forest resources; and entering the zonation area unilaterally by the Third, How is the completion of a collaborative Wakatobi National Park. (partnership) as a form of "restorative justice" Besides, there are still some cases in in the resolution of conflict management of other areas which have characteristics similar forest resources. cases are: the National Park Bromo-Tengger- Discussion 2 Rachman Efendi, Indah Bangsawan, and Muhammad Zah- rul M, “Kajian Pola-Pola Pemberdayaan Masyarakat Seki- tar Hutan Produksi Dalam Mencegah Illegal Logging”, 5 Epi Syahadat & Subarudi, “Spatial Issues in the Context Vol. 4 No. 4, December 2007, Jurnal Penelitian Sosial of Forest Area Plan Revision Provincial Spatial,” Jurnal dan Ekonomi Kehutanan, Bogor: Kementerian Lingkung- Analisis Kebijakan Kehutanan, Vol. 9 No. 2, 2012, Bo- an Hidup dan Kehutanan Republic of Indonesia, page gor: Centre for Research and Climate Change and 328-329. Policy, Research and Development of Forestry, page 3 Aswandi, Ahmad Suryadin, Cut Rizlani Kholibrina, “Pen- 139. dekatan Holistik Penanggulangan Illegal Logging dan De- 6 Satria Astana, Bonar M. Sinaga, et all, “Impact of Macro- gradasi Hutan”, Inovasi Media Litbang, Vol. 4 No. 1, economic Policy and External Factors Against Economic 2007, Sumatera Utara: Research and Development of Rate of Deforestation and Forest Degradation of Nature: North Sumatra Province, page 43. A Case Study Deforestation To Expanding the Area of 4 Dewi Febriani, et.al, “Strategi Implementasi Kebijakan Food Crops and Plantation And Industrial Plantation Hutan Tanaman Rakyat di Kabupaten Sorolangun Jam- Forest and Degradation Of Natural Forest Concession bi”, Jurnal Analisis Kebijakan Kehutanan, Vol. 9 No. 2, Area,” Jurnal Analisis Kebijakan Kehutanan, Vol. 9 No. 2012, Bogor: Centre for Research and Climate Change 2, 2012, Bogor: Centre for Research and Climate Change and Policy, Research and Development of Forestry, page and Policy, Research and Development of Forestry, page 91. 167. 334 Jurnal Dinamika Hukum Vol. 16 No. 3, September 2016

Conflict Management on Forest Resource tecting and preserving requires a management Some of the causes of conflict manage- to apply the standards of protection through ment of forest resources due to factors such as regulations that sometimes restrict people's in- the following: first, there are overlapping regu- teraction with the forest.8 latory interpretations in the field of forestry. Third, there are different historical con- Based on the study the Commission, in the pro- ditions in forest management both Java and cess of designation of forest areas by the Mi- other parts. Aspects of the scarcity of land on nistry of Forestry has been done unfairly or con- Java Island are the most prominent dimension trary to the fair principles procedure of the ru- of the conflict. The battle over infringement les of implementation of the Forestry Law. Thus dominates the range of conflict management of it undermines the legality and legitimacy of forest in Java. While outside Java, aspect of 88.2% of the forest which has not complete set. land scarcity has not been a major issue of con- The absence of legal assurance for map designa- flict, but customary claims and rights of indi- tion of forest areas due to the fact that there genous management of conflicts which domi- are at least four versions different scale forest nantly influence forest management are good areas maps, resulting in differences in forest for conservation forests and production forests.9 area of 4 to 16 million ha. As a result of the In regards to this, there are several other appointment of not performing the inauguration issues related to the management of the natio- of the forest area, there are 119 potential nal park which are described as follows:10 first, conflicts in provinces and district division that is illegal logging. Illegal logging also exploits na- partly or entirely located in forest areas. Among tional park area for large diameters of a tree others are Nduga, Papua (216. 800 ha) in the forest can provide. While forest production po- protected areas and the district, Raja Ampat tentially declines due to intensive exploitation (6.0845 million ha) in conservation forests. Re- and opposed to legal concession holder. Second, lated to harmonization spatial forested area, at the impact of land utilization changes around least there is a potential conflict in the 10 dis- the conservation area. It is increasingly preva- tricts/cities expansion in Lampung province and lent after regional autonomy, where many new four districts/ cities expansion in South Sulawesi provinces and districts expand so it is necessary province since they do not propose changes in to rearrange spatial plan to accommodate vario- forest area.7 us interests. Unfortunately, the main considera- Second, there is a wrong assumption of tion changes in land use which are mostly eco- government and business parties in the forestry nomic interests often ignore aspects of environ- sector both public and private about the exis- mental safety and sustainability. Third, illegal tence of communities around the forest. People pilfering. Pilfering in national parks is done by around the forest are often regarded a com- various way using snares, traps, poison, dogs munity who can interfere with the process of and guns. A huge market opportunity leads to forest management which is often positioned as wildlife pilfering is difficult to remove. Fourth, an enemy; the parties must be responsible for the issue of boundaries. Dispute over regional violation and environmental destruction. If the 8 forest area is considered as a resource to gene- Edi Slamet Sumanto, "Social Forestry Development Policy in the Perspective of Conflict Resolution", Jurnal rate foreign exchange, the forest area should be Analisis Kebijakan Kehutanan, Vol. 6 No. 1, April 2009, protected and preserved. The concept of pro- Kupang: Kupang Forestry Research Institute, page 16. 9 Faiqotul Falah, “Collaborative Management Effective- ness Assessment Kutai National Park", Jurnal Analisis Kebijakan Kehutanan, Vol. 10 No. 1, April 2013, Balik- 7 Dian Agung Wicaksono & Ananda Prima Yurista, “Konser- papan: Technology Research Institute for Natural Re- vasi Hutan Partisipatif Melalui REDD+ (Studi Kasus Kali- source Conservation, page 41. mantan Tengah Sebagai Provinsi Percontohan REDD+)” 10 Iswan Dunggio & Hendra Gunawan, "Assessing Historical Jurnal Wilayah dan Lingkungan, Vol. 1 No. 2, 2013, Se- National Park Management Policy in Indonesia", Jurnal marang: Laboratory of Regional Development and Envir- Analisis Kebijakan Kehutanan, Vol. 6 No. 1, April 2009, onment Management Department of Urban and Regional Bogor: Center for Forest and Nature Conservation, page Planning, Universitas Diponegoro, page 194. 47-51. Collaborative (Partnership) as a Form of "Restorative Justice" in... 335

boundaries with the community is an issue that There are various forms of dispute resolu- caught attention lately as a response to the era tion outside the court, as it is written Nolan-Ha- of regional autonomy since rolled out.11 Fourth ley, ”ADR is an umbrella term wich refers gen- aforementioned problems is a specific issue of erally to alternative to court adjudication of conflict in the management of national parks, in disputes such as negotiation, mediation, arbit- addition to other problems as described above ration, mini trial and summary jury trial.”14 The under conflict in the management of forest purpose of the development of alternative dis- resources. pute resolution is to provide a forum for the parties to work towards a voluntary agreement Forms of Forest Resource Conflict Resolution in making decisions about the dispute that it Resolution of the conflict management of faces. Thus the alternative dispute resolution is forest resources can be solved through several a potential means to improve relations between approaches courts settlement (litigation) and the parties to the dispute. Some forms of con- non-court settlement (non-litigation). Settle- flict resolution management of forest resources ment through the courts can be done by crimi- is carried out through out of court settlement nal, civil and state administration. While the are explained as follows: deliberation and out of court settlement can be done through consensus; and mediation. consensus, mediation, and also the settlement Conflict resolution (dispute) alternatives of partnerships. Of the two types of conflict re- have long been used by traditional communities solution approach to the management of the in Indonesia in the context of resolving the dis- forest resources, taking into account the ob- pute between them. Alternative dispute resolu- jective conditions in Indonesian law, settlement tion is traditionally considered to be effective out of court which is often known as alternative and is a tradition that is still preserved in the dispute resolution (ADR) may be appropriate in community. Resolution mechanisms with the resolving the conflict management of forest re- consensus agreement reflects the principles of sources. harmony, on merit, the principle of alignment Conflict resolution outside the court ini- with settlement acceptable to the parties tially emerged from their dissatisfaction with concerned and the people concerned.15 the process of conflict resolution through the Mediation is an extension of the negotia- court that takes a relatively long time and large tion process if the parties are not able to re- cost. In addition, the decision produced by the solve disputes. They will use a third party to as- court often causes dissatisfaction of the parties sist them to come an agreement. In mediation, or there are those who feel as losers.12 the third party will assist the conflicting parties Development of alternative dispute reso- in implementing values that include legal, sense lution, such as negotiation, mediation and con- of justice, religious beliefs, moral and ethical ciliation is supported by several factors namely: issues. Mediation is a process in which a neutral first, established solution in many cultures; se- party agreed upon by the parties of the dispute, cond, non-adverse solution; third, allows all dis- to act as a facilitator for the benefit of their pute-related parties to be included in the nego- tiations; fourth, a win-win solution.13

11 Sri Mamudji, "Mediasi Sebagai Alternatif Penyelesaian 14 Muhammad Yamani, "Strategi Perlindungan Hutan Berba- Sengketa di Luar Pengadilan", Jurnal Hukum dan Pemba- sis Hukum Lokal Di Enam Komunitas Adat Daerah Beng- ngunan, Vol. 3, September 2006, Jakarta: Faculty of kulu ", Jurnal Hukum Ius Quia Iustum, Vol. 18 No. 2. Law Universitas Indonesia, page 194-195. April 2011, Yogyakarta: Faculty of Law Universitas Islam 12 Abu Rokhmad, "Tanah Kawasan Hutan dan Resolusinya Indonesia, page 180. Dalam Perspektif Fiqh ", Walisongo. Vol. 21. No. 1. May 15 Teguh Hari Santoso, Insan Wijaya, Arief Noor Akhmadi, 2013, Semarang: Semarang IAIN Walisongo, page 147. “Social and Economic Studies Program at Forest Area 13 Richard Hill, "Non Adversial Mediation", http:/www. PHBM Catchment Slopes Roar,” Agritrop: Jurnal Ilmu-Il- Batnetcom/oikoumene/arbmed3. html. Accessible: Sep- mu Pertanian, Vol. 7 No. 1, Jember: Faculty of Agricul- tember 8, 2016. ture, Universitas Jember Muhhamdiyah, page 73. 336 Jurnal Dinamika Hukum Vol. 16 No. 3, September 2016

negotiations and help them reach a mutual solu- the early 1990s, collaboration management is tion."16 better known as a partnership often connoted In the mediation process, it must consider with inti-plasma management between farmers the following matters: first, if in a dispute set- and plantation firms or model of foster parents tlement seems stagnant or deadlock between between small businesses and large busi- the conflicting parties, the cause shall be found nesses.18 out; second, the background of the institution Historically, the development of collabo- shall be known in negotiating; third, to keep rative approaches initially emerged as a respon- sustainable in conflict management, there must se to the demands of new resources, democra- be a prerequisite before a previous joint man- tic, management which recognizes the huge ex- agement; fourth, in a dispute resolution, nego- pansion on the human dimensions of managing tiation is the first step to do; fifth, a success of choices, uncertainty, the complexity of poten- the negotiations is indicated if the talks went tial decisions and building understanding, sup- smoothly and met the needs of the respective port, optional ownership.19 interests of the parties; sixth, the mediator's There are three patterns of partnership in role does not actually specify the correct one a organization as identified by Huxham and but more to the management of a dispute Macdonald: first, coordination in which no dir- through a pragmatic approach and can be ac- ect interaction occur among organizations but cepted by the parties of the dispute; and se- the organization considers the activities of the venth, selection step in resolving the conflict to other party in its planning; second, cooperation the wider issues must know its strengths. in which the organizations interact to achieve its mission and objectives to be more effective; Collaborative Settlement (Partnership) as a and third, collaboration where organizations Form of "Restorative Justice" in the Forest work together to achieve a meta-mission as well Resource Conflict Resolution as to pursue the mission and objectives of the In addition to use some settlements of individual they have.20 such consensus and mediation in conflicts forest In the context of natural resource man- resource management, it can be done through agement schemes partnership schemes is known collaborative (partnership) method by the in- as "joint management/co-management, or col- volvement of all stakeholders involved in the laborative management". Partnership is nor- conflict of the forest resources. The completion mally defined as the various responsibilities of a collaborative method is the implementation and/or authority between the government and of handling issue in order to help improve the local resource users in managing certain resour- effectiveness of the regional management as ce.21 well as the parties on the basis of understanding The steps of conflict resolution process is and agreement.17 taken through intensive assistance to get the The development of collaborative app- completion strategy through collaborative pat- roaches in Indonesia as known as partnership in Indonesia conceptually and actual practice has 18 been intense debate and study. In Indonesia in Suporahardjo, 2005, Strategies and Practices Collabora- tion: An Overview, Bogor: LATIN Library, page 3. 19 Herawan Sauni, “Perilaku Masyarakat dalam Meram- bah Hutan Lindung Bukit. Raja Mandara di Kecamatan 16 Sudi Fahmi, “Problematika Hukum dalam bidang kehu- Kedurang Kabupaten Bengkulu Selatan”, Supremasi Hu- tanan”, Jurnal Hukum Respublica, Vol. 6 No. 1, Kepu- kum: Jurnal Penelitian Hukum, Vol. 11 No. 1 2006, lauan Riau: Faculty of Law Universitas Lancang Kuning, Bengkulu: Faculty of Law Universitas Bengkulu, page 59. page 51. 20 Andri Santosa, et al, “Status of Community Forestry in 17 Agnes Wyona, “Penyelesaian Sengketa Lingkungan Hidup Indonesia,” Jurnal Kehutanan Masyarakat, Vol. 3 No. 1, Melalui Mediasi Antara Masyarakat dengan Perusahaan di 2011, Bogor: Community Forestry Communication sekitar Kelurahan Bukuan Kecamatan Palaran Kota Sa- Forum, page 12-13. marinda”, Jurnal Beraja Niti, Vol. 2 No. 8, 2013, Kali- 21 Yusuf Bahtimi Samsudin & Romain Pirard, “Mediation mantan Timur: Faculty of Law Universitas Lambung Conflict To Forest Industry Plant in Indonesia,” Brief Mangkurat, page 8. Info, No. 107, Desember 2014, Bogor: Cifor, page 3-4. Collaborative (Partnership) as a Form of "Restorative Justice" in... 337

terns, namely:22 first, formulate perceptions the area can be rehabilitated and return to nor- and chronologically complete conflict. Com- mal function as a conservation area.23 plete history of events that became the basis Related to the management of forest re- for the analysis of a vision, mission, and to con- sources conflicts with collaborative pattern duct polls among stakeholders. The perspective (partnership), there are several rules in Indone- of each stakeholder is the basis to come up with sian legislation, namely: 24 first, Law Number 5 a joint commitment and seek alternative best Year 1990 on Conservation of Living Natural Re- solution. Second, introduce the concept of In- sources and its Ecosystem, as a legal basis al- tegrated Rehabilitation concessions as the main lowing the forest resources to be jointly man- solution. At this stage the conservation group is aged to support cultivation and recreation; expected to offer the concept of rehabilitation second, Law Number 41 Year 1999 on Forestry, in order to recover and preserve the integrity of the implications includes to maintain functions the forest area. Third, establish cooperation of the national park which is necessary basics and collaboration with various parties. Collabo- consolidation area due to high pressure and that ration is needed to oversee the settlement pro- the oil and coal mining operations and settle- cess, sharing the workload, and provide the ments within the park is an unlawful activity; opportunity for all parties to take the role. third, Law Number 23 Year 2014 on Local Go- More importantly is to foster a sense of shared vernment stated that sub forestry sector is a responsibility and actualize the commitments matter of choice that can be managed by the that have been formed in the previous stage. local administration to participate and colla- Fourth, formal legal phase. These steps are borate in the management of forest resources in taken after the strengthening of the organiza- the region; and fourth, Law Number 19 Year tion in the form of collaborative management 2004 on Natural Reserve Management and Con- deemed strong enough to ensure that all pro- servation Areas which contains guidelines for cesses and implementation activities to occur the preparation, implementation, monitoring properly. Fifth, evaluation and monitoring. Eva- and evaluation in collaborative management of luation and monitoring of the activities were protected areas, involving various stakeholders. carried out at each stage. There is a possibility In relation to forest resource manage- of emerging alternative other settlement accor- ment, conflicts may occur between private sec- ding to the development problems. The final tor and government, private sector and private evaluation is needed as a material reflection for sector, public and the private sector and also further activities. public and government. Regarding to the parties In accordance with the policy and conser- position involved in the conflict management of vation management strategies in the field of forest resources, the community has always forestry development program of Forest Protec- been placed as the weak. Therefore, to protect tion and Nature Conservation and the 3 pillars the interests of people who often become vic- of conservation is the function of protection, tims of the conflict management of forest re- preservation and sustainable use, the necessary sources, settlement-based collaborative deli- support to increase community empowerment beration can be one of the most effective solu- and development of conflict resolution mecha- tion to the conflict by involving all stakeholders nisms. Through this activity, it is expected a target and strategy as the result of mutual par- ticipatory, collaborative and accountable agree- ment are implemented in accordance with the 23 Marinus Kristiadi Harun & Hariyanto Dwiprabowo, commitments. The target and strategy will then “Resolution Model of Land Conflicts in Banjar Production be used in problem solving as a whole so that Forest Management Unit Model,” Jurnal Penelitian Sosial dan Ekonomi Kehutanan, Vol. 11 No. 4 Desember 2014, Bogor: Research and Development Center for Climate Change and Policy, pages 276-277. 22 Suporahardjo, et al, Op.cit,, page17-19. 24 Ibid., page 278. 338 Jurnal Dinamika Hukum Vol. 16 No. 3, September 2016

involved in the conflict management of forest 1) The community shall be entitled to resources.25 enjoy environmental quality the fo- Collaborative approach is one models for rest produces. 2) Besides right as referred to in para- conflict resolution management on forest re- graph (1), the community can also: sources of restorative justice where all parties a. Utilize forests and forest pro- related to the conflict settlement involved with ducts according to the prevail- the principle of win-win solution. How colla- ing legislation. borative settlement (partnership) is a form of 3) The community in and around the forest shall be entitled to compen- settlement of restorative justice that empha- sation against loss of access to sur- sizes the principles of justice based on con- rounding forest as employment op- sensus. portunity to fulfill their daily need The essence of substantial completion of due to forest area designation ac- restorative justice in conflict management of cording to the prevailing legislation. 4) Each person shall be entitled to forest resources in many countries is mostly compensation against loss of their caused by their dissatisfaction with the reso- title to land they own due to forest lution through the judicial system. Restorative area designation according to the justice in conflict resolution management of prevailing legislation. forest resources is also intended to protect the interests of local people who have local know- Under the provisions of Article 3 in conjunction ledge in the management of forest resources.26 with Article 68 of Law Number 41 Year 1999 Through a collaborative settlement (part- mentioned above, it can be concluded that if nership), people have an equal opportunity to there are conflicts over the management of fo- utilize the forest resources as forest resource rest resources, the solution can be done through management objectives as set out in Article 3 of the completion of a collaborative (partnership) Law Number 41 Year 1999 on Forestry which approach which is a form of restorative justice states “Forest management shall be aimed at in conflict resolution management of forest providing maximum prosperity for the people resources. based on justice and sustainability by: first, securing existence of forest at adequate extent Conclusion and proportional distribution; second, optim- First, the issues of conflict management izing various forest functions covering conserva- of forest resources occur for several reasons: tion, protection, and production functions to at- the overlapping interpretation of the regula- tain environmental, social, cultural and econo- tions in the field of forestry, the notion that mic benefits proportionally and sustainably; one of the government and business entities in third, increasing baring capacity of river sheds; the forestry sector both public and private fourth, increasing capability to develop com- about the existence of the community around munity's capacity and capability on participa- forests, their different historical conditions in tion, justice, and sustainability basis to create forest management in Java and outside Java. social and economic resilience as well as endur- Second, that the settlement of the con- ance against impacts of external changes; and flict management of forest resources can be re- fifth, securing distribution of benefits on just solved through the dispute resolution outside and sustainability basis. the court. Dispute resolution outside the court, Furthermore, Article 68 of Law Number among others, can be done through consensus, 41 Year 1999, stated that: mediation and settlement collaborative (part- nership). Third, that the collaborative (partner- ship) approach is a highly effective conflict re- 25 Lilik Mulyadi, 2014, Wajah sistem peradilan pidana anak Indonesia, Bandung: PT. Alumni, page 156. solution for conflicts over the management of 26 Ibid., page 157. Collaborative (Partnership) as a Form of "Restorative Justice" in... 339

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