Spatial Planning for Indigenous Law Communities to Solve Social Conflict Resolution in West Papua Indonesia

Abstract

The purpose of this research is to investigate the spatial planning based on wisdom in the context of resolving social conflicts as a form of learning about the recognition and protection of indigenous peoples in law. The main data sources are obtained from primary legal materials in the form of laws and regulations, regional regulations, and literature studies that focus on spatial planning, local wisdom, and social conflict resolution. The research methodology uses a juridical-normative approach. Content analysis was conducted in order to obtain relevant research results. The findings reveal that local government regulations on spatial planning of the West Papua Customary Law Community are in synergy with central government regulations as regulated in Law No. 27 of 2007 on Spatial Planning. The two laws contribute to the resolution of social conflicts because of the recognition and protection of the sustainability of natural resources which are the living space (lebensraum) of the indigenous peoples of West Papua. An important lesson that can be learned is that spatial planning based on local wisdom is centered on harmony, balance, and sustainability in order to overcome social conflicts between the spatial planning of customary law communities and the spatial planning stipulated by national law, namely by preparing and determining spatial planning through the top down of the central government, then The village, district, district governments are bottom up, and meet in the discussion, preparation and determination of spatial planning in the Province. The expected implication is that the central government and local governments pay special attention to policy practices in spatial planning that are more socially just and in accordance with the needs of indigenous and tribal peoples. The aim is to create harmonization between customary law and national law so that they do not overlap each other, which in turn can lead to greater social conflicts in the future.