Finding Tools to Limit Sectarian Violence in Indonesia: The Relevance of Restorative Justice

In: The American journal of economics and sociology, Band 76, Heft 5, S. 1219-1255

Abstract

AbstractThis article explores the relevance of the restorative justice paradigm to issues of conflict avoidance and resolution in Indonesia. Sectarian violence engulfed Indonesia in the late 1990s after the fall of the New Order, largely as a result of resource competition and other economic factors. In addition, the revival of customary forms of authority through the national indigenous peoples movement exacerbated the potential for conflict between long‐settled indigenes and more recent migrants. A case study shows how the spread of communal conflict to the Lindu plain in Central Sulawesi was averted despite the sectarian violence in a nearby city. Local customary procedures of adjudication were insufficient to cope with such issues in a multiethnic context, as the ethnic groups in the area did not all subscribe to the same body of custom (adat). Instead, a diverse assembly of stakeholders invoked nationalist idioms of harmony and consensus to forge an agreement to avoid violence. Previous legal theorists have pointed to adat as a preexisting respository of restorative justice practices. However, this article argues that interethnic contexts require restorative practice to forge novel syntheses to deal with communal violence. Such syntheses may incorporate adat mechanisms, but they must also integrate other tools that gain the allegiance of multiple groups to work toward reconciliation and avoidance of further violence.