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International Journal of Civil Engineering and Technology (IJCIET)
Volume 9, Issue 4, April 2018, pp. 903–913, Article ID: IJCIET_09_04_101
Available online at http://www.iaeme.com/ijciet/issues.asp?JType=IJCIET&VType=9&IType=4
ISSN Print: 0976-6308 and ISSN Online: 0976-6316
© IAEME Publication Scopus Indexed
CONFLICT MANAGEMENT OF UTILIZING
FOREST RESOURCES IN MAKING THE
RIGHTS OF LOCAL PEOPLE IN PARTNERSHIP
IN ISLAMIC PERSPECTIVE
Agus Surono
Faculty of Law, Universitas Al Azhar Indonesia
Jl. Sisingamangaraja, Kebayoran Baru, South Jakarta, Indonesia
ABSTRACT
Forest resource management conflicts often occur in various regions, both in
Kalimantan, Sumatra and other parts of Indonesia. Forest resource management
conflicts, often between forestry, mining, oil and gas, plantations and other sectors.
Call it several cases that occurred in East Kalimantan, Central Kalimantan, South
Kalimantan, West Kalimantan, Jambi, Lampung, South Sumatra, Batam, Kepulauan
Seribu and some other cases. One form of conflict resolution outside the court is
through a partnership settlement. The settlement of the conflict is in accordance with
the concept of Islam as Rahmatan Lil Alamin as in Surat al-Anbiya 'verse 107. In this
context, Islam teaches its people to always adhere to the teachings of Allah's religion,
to live in harmony, to uphold the value of brotherhood, unity and unity without enmity
as Allah says in the Qur'an of Ali Imron verse 103, which means " And hold fast all
together by the rope which Allah (stretches out for you) and be not divided among
yourselves; and remember with gratitude Allah's favor on you; for ye were enemies
and He joined your hearts in love so that by His grace ye became brethren; and ye
were on the brink of the pit of fire and He saved you from it. Thus, doth Allah make his
signs clear to you: that ye may be guided. Based on these two verses in the Quran
above shows that the collaborative settlement (partnership) in resolving conflict of
forest resource management in Tangkahan, Gunung Leuser National Park is in
accordance with Islamic universal values.
Keywords: Conflict Resolution, Forest Resource Management, Partnership Pattern,
Islamic Perspective.
Cite this Article: Agus Surono, Conflict Management of Utilizing Forest Resources
in Making the Rights of Local People in Partnership in Islamic Perspective,
International Journal of Civil Engineering and Technology, 9(4), 2018, pp. 903–913.
http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=9&IType=4
Conflict Management of Utilizing Forest Resources in Making the Rights of Local People in
Partnership in Islamic Perspective
http://www.iaeme.com/IJCIET/index.asp 904 [email protected]
1. INTRODUCTION
Forest resource management conflicts often occur in various regions, both in Kalimantan,
Sumatra and other parts of Indonesia. The existence of forest resource management conflicts,
also often occurs between the forestry, mining, oil and gas, plantation and other sectors. Call
it several cases that occurred in East Kalimantan, Central Kalimantan, South Kalimantan,
West Kalimantan, Jambi, Lampung, South Sumatra, Batam, Kepulauan Seribu and some other
cases.
As cited from Danang Widjajanto and Rosmaniar Gailea (2008), some examples of
conflicts related to forest area management include the following cases:
The conflict between indigenous peoples of Sape and indigenous peoples of Labuan Bajo
against Komodo National Park (KNP), which is essentially due to a ban on fishing in a no-go
zone set unilaterally by the TNK;
Conflicts between DIY and Central Java communities around Mount Merapi National Park,
where the community has been passed down from generation to generation has been neglected
its rights;
Conflicts between indigenous Wakatobi communities and Wakatobi National Park in North
Sulawesi, where fishermen who are declining to manage water areas are prohibited from
entering areas that have been unilaterally zoned by the park management.
In addition to some examples of cases mentioned above, there are still some cases in other
areas that have characteristics of similar cases include: Bromo-Tengger-Semeru National
Park, Lore Lindu National Park, Togian Islands National Park, Rawa Aopa Watomohai
National Park, Halimun, Bunaken National Park, Taka Bonerate National Park, Kepulauan
Seribu National Park. When examined from several examples of cases of conflict mentioned
above that the characteristics of the problem is the lack of recognition and protection of access
and rights of customary / local communities on the utilization of forest resources where the
people daily live in forest areas.
In addition to some of the above conflicts, there is also a conflict of forest resources
management that occurred in Gunung Leuser National Park (Taman Nasional Gunung Leuser,
henceforth abbreviated as TNGL), precisely in Tangkahan area which is part of the TNGL
area. In the presence of TNGL also gave birth to various problems, namely the problems
associated with encroachment or control of land by local communities, the problem of illegal
logging, especially in large scale conducted by outsiders (entrepreneurs) involving local
communities and supported by unscrupulous officials, the rights of local communities to
manage forest areas. Problems that arise in the management of Gunung Leuser National Park
area have been done some settlement began approach of security, law enforcement, and last in
2005 an conducted conflict settlement involving local community around the village in
TNGL, Balai TNGL, Perkebunan Nusantara II Ltd., and also Local Government of Langkat
Regency taken the pattern of settlement through partnership on the management of
Tangkahan ecotourism area which is effective in the settlement of the conflict. In solving the
case mentioned above, especially the case that happened in Tangkahan Gunung Leuser
National Park, done by using collaborative settlement or partnership among stakeholders
involved in conflict of forest resource management.
The settlement is in line with the concept of conflict resolution in the Islamic perspective
because the Prophet-propagated Islam carries the mission of peace and is a universal
"rahmatan lil alamin", shares compassion to the universe, not only peace and compassion to
Muslims but to the universe, cross-flow, cross-organizational, cross-country, cross-ethnic and
Agus Surono
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interreligious. The concept of Islam as rahmatan lil alamin can be seen in Surat al-Anbiya
'verse 107, which means "And we did not send you (Prophet Muhammad) but to spread love
to the universe." Humans as social beings, in daily activities of interaction with each other, so
that the relationship between humans was arranged in such a way in Islam, for the creation of
harmony and peace in his life. In this context, Islam teaches its ummah to always hold fast to
the teachings of Allah's religion, to live in harmony, to uphold the value of brotherhood, unity
and unity without hostility as revealed by Allah in the Qur'an letter of Imron Ali verse 103,
which means "Dan hold fast to all of you to the ropes of the religion of God, and do not
divorce, and remember the favors of Allah to you, when ye were once enemies, so God unites
your hearts, then with His blessing you become brothers. Based on these two verses in the
Quran above shows that a collaborative settlement (partnership) in resolving conflict
management of forest resources in Tangkahan, TNGL in accordance with Islamic universal
values. Taking note of the above description, the title of this article is "Conflict Management
of Forest Resources Utilization in Realizing Local People's Rights Partnership In an Islamic
Perspective". To limit the discussion in this article, we can identify the problem as a limitation
in the following discussion:
What is the root cause of forest resource management conflict?
What are some forms of conflict resolution in forest resource management?
How does conflict management utilize forest resources in realizing the rights of local
communities in partnership in an Islamic perspective?
2. THE ROOT OF CONFLICT PROBLEMS OF FOREST RESOURCES
MANAGEMENT
Some of the conflicts over forest resource management are caused by the following factors.
First, the overlapping of regulatory interpretations in forestry. Based on the KPK study, in the
process of appointing forest areas by the Ministry of Forestry has been conducted unfairly or
in contradiction with the principle of fair procedure against the implementation rules of the
Forestry Law, thus undermining the legality and legitimacy of 88.2% of forest areas that have
not yet been completed. The absence of legal certainty on the map of forest area because of
the fact that there are at least 4 different versions of forest forest maps, which resulted in a
difference of 4 to 16 million ha of forest area. As a result of the appointment that has not been
done, the conflicts of forest areas have caused 119 potential conflicts in the provinces and
districts / municipalities that are partly or entirely in the forest area, among others in Nduga
Regency, Papua (216,800 ha) in protected forest areas and Raja Ampat Regency (6,084,500
ha) in conservation forest area. Regarding the harmonization of Spatial Planning with forest
area, at least there is potential for conflict in 10 regencies / cities in Lampung Province and 4
regencies / cities in South Sulawesi Province because they do not propose changes in forest
area (Surono, 2009).
Second, there is a wrong assumption from the government and business entities in the
field of forestry both owned by the government and private about the existence of
communities around the forest area. Communities around the forest area are often considered
as an entity that can disrupt the process of forest area management so that it is often
positioned as the enemy, the party responsible for forest encroachment and environmental
destruction. If the forest area is considered as a resource generating foreign exchange, then the
forest area must be protected and conserved. The concept of protecting and preserving
requires managers to apply safeguard standards through regulations that sometimes limit
community interaction with forest areas (Sumanto, 2009).
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Third, the existence of different historical conditions in forest management on the island
of Java and outside Java. The scarcity of land in Java is the most prominent dimension of
conflict. Conflicts over territorial seizures and encroachments dominate the conflicts of forest
management in Java. While outside of Java, the scarcity aspect of land has not been a major
issue of conflict, but ulayat (customary land) claims and customary management rights are
dominant enough to influence forest management conflicts both for conservation and
production forest areas (Falah, 2013).
In addition to the problem of forest resource management as described above, related to
the management of national park there are several other problems, among others (Dunggio &
Gunawan, 2009):
First, illegal logging. Illegal logging also penetrated the national park area which
generally has the potential of wood with a large diameter. While in potential production
forests have begun to decline due to intensive exploitation and must compete with legal
concession holders. Second, the impact of land use change in the vicinity of conservation
areas. Land use change is increasingly widespread after regional autonomy is rolled out, with
many new provinces and districts standing or breaking apart and needing to reorganize their
spatial arrangements to accommodate various interests. Unfortunately, the main consideration
of land use change is the economic interest that often ignores the aspects of environmental
sustainability and security. Third, illegal hunting. Hunting animals in the national park is done
with a variety of ways such as using traps, traps, poisons, dogs and rifles. Great market
opportunities cause poaching of wildlife is difficult to remove. Fourth, the boundary problem.
Disputes between the boundaries of the area and the community are an issue that has drawn
much attention recently, in response to an era of openness since regional autonomy has been
introduced.
The four problems mentioned above are the specific problems of conflict in the
management of the national park area, in addition to other problems as described above which
become conflicts in the management of forest resources.
3. FORMS OF CONFLICT RESOLUTION OF FOREST RESOURCES
Resolving forest resource conflicts as described above can be resolved through an out-of-
court settlement. The settlement of conflicts outside the court was initiated by dissatisfaction
with the process of settling conflicts through courts which took a relatively long time and cost
a lot. In addition, judgments generated by courts often lead to dissatisfaction of the parties or
any party who feels as the losing party (Mamudji, 2006).
The development of alternative dispute settlements, such as negotiation, mediation and
conciliation, is supported by several factors, among others 1) the way in which settlement is
already known in various cultures; 2) the settlement is non-advertizing; 3) enabling all parties
directly related to the dispute to be included in the negotiations; 4) achievement of win-win
solution (Rokhmad, 2013).
There are various forms of non-court settlement disputes, as Nolan-Haley (in Hill, 2016)
writes, "ADR is an umbrella term as negotiation, mediation, arbitration, mini trial and
summary jury trial."
The purpose of developing alternative dispute resolution is to provide a forum for parties
to work towards voluntary agreements in making decisions about the disputes they face. Thus,
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alternative dispute settlement is a potential means to improve the relationship between the
disputing parties.
Some forms of conflict resolution of forest resource management through out-of-court
settlement mechanisms include:
Settlement with Deliberation and Consensus
Alternative conflict resolution has long been used by traditional societies in Indonesia in order
to resolve disputes between them (Yamani, 2011). Alternative dispute settlements have
traditionally been considered effective and are a living tradition in society. The mechanism of
settlement by consensus reflects the principle of harmony, the principle of propriety, the
principle of harmony that settlement can be accepted by the parties concerned and the
community concerned (Ferguson, 2010).
Settlement with Mediation
Mediation is an extension of the negotiation process, in which the disputing parties who are
unable to resolve their disputes will use third party services that are neutral to assist them in
reaching an agreement. In mediation, a third party will assist the conflicting parties in
applying its values that include law, sense of justice, religious belief, morals and ethical
issues. Mediation is a process whereby a neutral party agreed upon by the parties to the
dispute, acts as a facilitator for their negotiation interests and helps them achieve mutually
beneficial solutions (Barnes, et al., 2016)."
Some important things in the mediation process should pay attention to the following
(PILI and CIFOR Facilitator Team , 2006):
If in a dispute settlement stagnated this depends on the parties, it should be noted first why to
stagnate?
In negotiating we must know the background of the institution.
In the management of conflicts in order to maintain sustainability, there must be preconditions
prior to joint management.
In a dispute resolution, negotiations are the first step in dispute resolution.
A benchmark for success of a negotiation if the existing negotiations go smoothly and the
existing process meets the needs of each stakeholder's interests.
The role of the mediator is not really to determine rightly wrong but rather to dispute
management with a pragmatic approach that is useful and acceptable to the parties to the
dispute.
The choice of steps in resolving the conflict for broader issues should know the strength first.
4. MANAGEMENT OF FOREST RESOURCES UTILIZATION
CONFLICT IN REALIZING LOCAL PEOPLE'S RIGHTS
PARTNERSHIP IN AN ISLAMIC PERSPECTIVE
The development of a collaborative approach in Indonesia or a popular conceptual
terminology in Indonesia conceptually and practically has become an intensive debate and
study. In Indonesia in the early 1990s, collaborative management, better known as a
partnership pattern, was often associated with a nuclear-plasma management between farmers
and plantation companies or adoptive foster models between small entrepreneurs and large
entrepreneurs (Suporahardjo, 2005; Kurniawan, 2017).
Conflict Management of Utilizing Forest Resources in Making the Rights of Local People in
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Historically, the development of a collaborative approach begins to emerge as a response
to the demands of a new, democratic, resource management, recognizing a greater extension
of the human dimension of managing choices, managing uncertainty, managing the
complexity of decision potential and building understanding, support, ownership of common
choices (Wondolleck & Yaffee, 2000).
Therefore, this collaborative approach is often referred to as a bridge to improve the
management of natural resources including in the forestry, mining, plantation, oil and gas
sectors and other sectors. As a crossing bridge that serves to integrate boundaries limited by
geography, interests and perceptions (Wondolleck & Yafee, 2000).
More specifically, Wondolleck and Yafee (2000), for example, see a collaborative
approach in terms of four major uses (Suporahardjo, 2005):
First, building understanding through increased information and ideas sharing between
government, organizations and the public and providing a mechanism for uncertainty
settlement.
Second, provide a mechanism for effective decision-making through processes that focus
on joint problems and build support for decisions.
Third, produce a tool for making good work through coordinating cross-border activities,
improving co-management, and mobilizing an expansion of resource scenarios.
Fourth, capacity building of government agencies, organizations and communities to face
future challenges.
There are three possible patterns of partnership with organizations such as those identified
by Huxham and Macdonald: 1) coordination, where there may be no direct interaction
between organizations, but where the organization considers the other's activities in the
planning it has; 2) cooperation, in which organizations interact to achieve their mission and
more effective goals; 3) collaboration where organizations work together to achieve a meta-
mission while also pursuing their individual mission and goals (Suporahardjo, 2005).
In the context of forest resource management, the partnership pattern is known as a "joint
management" or "co-management" or "collaborative management" scheme. Partnerships are
usually defined as responsibilities and / or authorities between government and local resource
users in managing specific resources (Suporahardjo, 2005).
The partnership management spectrum can be grouped into several types. First, it is
instruction that there is minimal exchange of information between government and users.
Second, it is consultative, where there are mechanisms for government consultation with
users, but all decisions are still made by the government.
Third, cooperative nature in which government and user cooperate together as equal
partners in decision making. This type is called the real partnership pattern.
Fourth, it is advisory, the user advises the government on a decision that should be taken
and the government supports the decision.
Success in practicing this collaborative settlement approach by Wondollack and Yaffee
(2000), is due to several reasons.
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First, collaboration can be successful if it can build a common ground, shared interests or
find ways to bridge the different interests of interests.
Second, the importance of creating new opportunities for interaction. For example,
through the effort to build new communication channels and establish new structures, either
through formal or informal mechanisms.
Third, the importance of involving stakeholders in the interaction process, not just the
final product. It is believed that intensive and quality interactions in the decision-making
process will result in effective decisions and result in the satisfaction of all stakeholders.
Fourth, the importance of focusing on solving problems in new and different ways. Most
collaborations work because there is a willingness to try new behaviors and different ways of
interacting.
Fifth, the importance of increasing sensitivity to responsibility and commitment. The
parties involved in collaborative work must work hard to transform them into us. The
challenge is to quickly stop the hostile situations between the parties and help to engage from
the self-declaration as an enemy to the point of living together as neighbors, who ultimately
have to collaborate.
Sixth, the core form of collaborative partnership is the relationship between individuals,
not between organizations. So, it is concluded that partnership is the people who join by
relationship. Because people are considered to represent government agencies, organizations
or work in a process of collaboration.
Seventh, many cases of successful collaborative partnerships are due to dedicated,
energetic individual efforts with a proactive and courageous approach starting with new
efforts.
Eighth, many cases of successful collaborative partnerships because people are trying to
get and acknowledge others. They seek outside funding and sign up for help that can help
manage the interaction process between groups when they are not skilled or unsure how to
begin.
The steps that need to be taken in the conflict resolution process are taken through
intensive facilitation activities to obtain a strategy of settlement through a collaborative
pattern (Suporahardjo, 2000):
1. Formulating the perception and chronology of the conflict completely
A complete incident history forms the basis of analysis to gain vision, mission, and conduct
stakeholder polls. The perspective of each stakeholder becomes the basis for generating
mutual commitment, seeking the best possible solution.
2. Revolving the concept of Integrated Rehabilitation Concession as the main solution
At this stage conservation groups are expected to emerge to offer the concept of rehabilitation
to restore conditions and maintain the integrity of forest areas.
3. Building cooperation and collaboration with various parties
Collaboration is needed to oversee the completion process, share the workload, and provide
opportunities for all parties to take on the role. More important than all it is to foster a sense
of shared responsibility and actualize commitments that have been formed in the previous
stage.
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4. Stages of implementation are legally formal
This stage is done after the strengthening of the organization in the form of collaborative
management that is considered strong enough to ensure all processes and the implementation
of activities occur properly.
5. Evaluation and Monitoring
Evaluation and monitoring are conducted at each stage of the activity. There is the possibility
of other alternative solutions as the problem develops. Final evaluation is needed as a
reflection material for the next activity.
In accordance with the direction of conservation management policies and strategies in
forestry development programs in the field of Forest Protection and Nature Conservation, in
addition to the 3 pillars of conservation that is the function of protection, preservation and
sustainable use, support is needed in improving community empowerment and development
of conflict resolution mechanisms. Through this activity is expected to generate a direction
and strategy that is the result of a collective agreement, participatory, collaborative and have
accountability and implemented in accordance with the commitment that has been built
together as well. These guidelines and strategies will be used to solve the problem thoroughly
so that the area can be rehabilitated and re-functioned as a conservation area.
This collaborative settlement (the partnership) is also in accordance with the universal
values of Islam that do not recognize and do not teach the nature of radical, extreme, and
highly respect for one's soul. Islam teaches us to philosophically preach, because Islam
propagated by the Prophet brings the mission of peace and is universal "rahmatan lil alamin",
shares the affection to the universe, not only peace and affection to the Muslims, but to the
universe, cross-organizational, cross-country, cross-ethnic and interreligious (Syamsuddin,
2015), as it is said in Surah Al-Anbiya 'verse 107.
The concept of Islam rahmatan lil alamin which contains universal and perfect value
becomes a life guide to reach the happiness in navigating life, both in the world and in the
hereafter, so to reach it, at least, vertical relationship or interaction (habl min Allah) and
horizontal (habl min nas) must be taken care of and understood. Humans as social beings, in
daily activities of interaction with each other, so that the relationship between humans was
arranged in such a way in Islam, for the creation of harmony and peace in his life (Muchsin,
2012). In this context, Islam teaches its people to always hold fast to the teachings of Allah's
religion, to live in harmony, to uphold the value of brotherhood, unity and unity without
enmity as revealed by Allah in the Qur'an of Ali Imron verse 103 (Muchsin, 2012).
The long history of human civilization is always colored by conflicts from the smallest
community level to the largest community caused and motivated by various factors, motives
and interests. In this case, it is necessary to attempt to reconcile and improve relations
between the parties concerned in order to re-create harmonious and peaceful relations and life.
The concept of islah (reconciliation) in conflict is one of the teachings of Islam. In the Qur'an
there are several verses that explain the concept of islah, both in the context of small-level
community conflicts such as conflicts that occur in the relationship of husband and wife
(Surat An-Nisa 'paragraph 128), as well as in the level of large communities such as conflicts
that occurred between the two groups of believers who in conflict (Al Quran Al-Hujarat verse
9).
Islah or reconciliation is an attempt to reconcile or harmonize between two or more
disputing parties. Islam has offered several solutions to solve the problems that interfere with
family and social relationships in order to establish the value of ukhuwah (brotherhood) and
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harmony in the life of society, the bond of love and the balance of nature is maintained, and a
society full of compassion and fraternity.
In the context of Islamic jurisprudence, forest land can be interpreted as land of collective
property or state-owned land depending on the nature of the forest. This opinion is based on
the spirit of hadith which is spoken by Prophet Muhammad SAW that: "the Muslims are
united in three things, water, fields and fire." From the substance of meaning, the notion of
water and fire does not cause dissent. Not so with the understanding of the field, which is a
large enough land on which grass and trees grow are usually used to wander cattle. From this
sense, rice fields, lading, plantation land not including the paddock. In accordance with the
above definition, the forest area is closer to the conception of the field as the above hadith.
However, forests within the Indonesian context are not only protected forests, but there are
also production forests (Mangunwijaya, 2005).
In addition to the fields, during the time of the Prophet Muhammad also known the term
hima which is a special area protected by the government (state or khilafah) on the basis of
Shari'a in order to preserve wildlife and forests. The Prophet once declared that the area
around Medina was used as a hima to protect the valleys, grasslands and the surrounding
vegetation, where people were forbidden to cultivate the land because the land was for the
public interest and nature conservation (Rokhmad, 2013).
In the context of the present hima is identical with the protected forest / national park or
paddies as the hadith of the Prophet above. Hima or paddies can only be used together and
should not be used as agricultural land. Utilizing not in the sense of cutting down the tree
above it so it actually destroys it. Utilizing the intended remains in the context of nature
conservation, which is very similar to the management of forest resources by people living
around the forest (Rokhmad, 2013).
The spirit of Islam indicates that dispute resolution should be conducted in ways outside
the court, as implicitly described by Umar bin Khattab: return the settlement of the case to
relatives so that they can make peace because in fact the settlement of the court raises a sense
of discomfort (Madkur, 1979).
In the context of conflict resolution of forest resources either through consensus
negotiation, mediation and other settlement outside the court is a form of dispute resolution in
accordance with the principles of Islam ie al-maslahah from the verb saluha, the language
means good, peace, conciliation, proper, useful, benefit, interest, and so on.
Collaborative settlements or partnerships in conflict resolution of forest resource
management can be used as models or alternatives to resolve forest resource conflicts, insofar
as they comply with the principles of Islamic values (al maslahah al-ammah) which have five
characteristics. First, something that benefits the whole or most of the society. Secondly, it is
in harmony with the shari'ah objectives summarized in al-kulliyat al-khamsah. Third, the
intended benefits must be real (intrinsic) not limited to estimates (wahm). Fourth, it should not
conflict with the Qur'an and Hadith. Fifthly, it should not be done at the expense of other
common interests (Rokhmad, 2013).
5. CONCLUSIONS
Based on the above descriptions can be summarized as follows. First, that the problem of
forest resource management conflict is caused by several reasons, among others: the
overlapping of regulatory interpretation in the field of forestry, the mistaken assumption of
government and business entities in the forestry sector, both government and private, about
Conflict Management of Utilizing Forest Resources in Making the Rights of Local People in
Partnership in Islamic Perspective
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the existence of the community around forest areas, the existence of different historical
conditions in forest management on the island of Java and outside Java.
Second, that the context of conflict resolution of forest resources either through
consensual deliberation, mediation and other out-of-court settlement is a form of dispute
resolution in accordance with the Islamic principles of al-maslahah from the verb saluha,
language is good, peaceful, proper, benefits, interests, and others. Third, that collaborative
settlement or partnership in conflict resolution of forest resource management can be used as
a model or alternative solution to conflict of forest resources, as long as according to the
principle of Islamic values (al maslahah al-ammah) which has five characteristics. First,
something that benefits the whole or most of the society. Secondly, it is in harmony with the
shari'ah objectives summarized in al-kulliyat al-khamsah. Third, the intended benefits must be
real (intrinsic) not limited to estimates (wahm). Fourth, it should not conflict with the Qur'an
and Hadith. Fifthly, it should not be done at the expense of other common interests.
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