Research Article
Free, Prior and Informed Consent (FPIC) as a Conflict Mitigation Instrument : FPIC Applicability for Mitigation of Structural Agrarian Conflicts in Indonesia
@INPROCEEDINGS{10.4108/eai.5-9-2018.2281040, author={Elfitra Elfitra and Afrizal Afrizal and Zuldesni Zuldesni}, title={Free, Prior and Informed Consent (FPIC) as a Conflict Mitigation Instrument : FPIC Applicability for Mitigation of Structural Agrarian Conflicts in Indonesia}, proceedings={Proceedings of the first International Conference on Social Sciences, Humanities, Economics and Law, September 5-6 2018, Padang, Indonesia}, publisher={EAI}, proceedings_a={ICONSHEL}, year={2019}, month={3}, keywords={agrarian conflict conflict mitigation fpic indigenous communities land rights based on custom}, doi={10.4108/eai.5-9-2018.2281040} }- Elfitra Elfitra
Afrizal Afrizal
Zuldesni Zuldesni
Year: 2019
Free, Prior and Informed Consent (FPIC) as a Conflict Mitigation Instrument : FPIC Applicability for Mitigation of Structural Agrarian Conflicts in Indonesia
ICONSHEL
EAI
DOI: 10.4108/eai.5-9-2018.2281040
Abstract
The main issue is land grabbing or land acquisition that does not show recognition and respect for land rights based on customs. Free, Prior and Informed Consent (FPIC) principles and criteria are recommended by activists and international agencies for the mitigation of agrarian conflict. The questions to be answered in this article are: a) why FPIC is used as an instrument for mitigating structural agrarian conflicts, b) where FPIC's ideas come from, c) what are the fundamentals of FPIC, d) is FPIC applicable in the legal context of Indonesia. To answer these four questions, we analyzed library sources and legislation on environmental permits, plantations and forest governance. FPIC is an international standard that is recommended to be applied to overcome the weaknesses of national law in respecting land rights based on customs. Based on the review of legislation on environmental permits, land acquisition for public purposes and determination of conservation area, this article will show that FPIC is feasible to apply in Indonesia. This article contributes to the development of knowledge on the mitigation of agrarian conflicts with respect to land rights based on custom, especially on land grabbing literature and how to recognize indigenous peoples' rights to land in plantation investments and forest conservation.