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In recent discussions on access to justice in Indonesia, little work has been done that illuminates the processes of conflict which inevitably arise in attempts to obtain justice based on informal actions and results, rather than on recourse to institutions. While many scholars and donor agencies tend to create the impression that non-institutional processes of justice-seeking are entirely unpredictable or ungoverned by regularities, in this article I seek to fill this gap by exploring patterns of conflict in East Kalimantan that are associated with Amartya Sen's realisation approach to justice-seeking. I will look into a conflict between a group of Dayak villagers and an oil palm company in East Kalimantan which started sixteen years ago with the establishment of three oil palm estates on customary land, causing complex changes to local people's lives as well as several injustices. The villagers pursued a variety of strategies to gain redress, which I describe as active resistance, ritual purification and mediation. In the analysis I draw upon Turner's concept of social dramas. I show that considering the long-lasting conflict in East Kalimantan as social drama helps to refine socio-legal approaches to conflict and access to justice as processual. The article will contribute to models of justice-seeking that can be associated with Amartya Sen's model of justice as realisational.
Michaela Haug (Tue,) studied this question.
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