Lingkaran Konflik Batas Wilayah Administrasi

Sengketa atau konflik banyak terjadi di Indonesia terutama sengketa mengenai batas wilayah administrasi. Penyebab sengketa atau konflik batas wilayah administrasi sedikit saya jabarkan pada tulisan sebelumnya, terdapat empat aspek yaitu (1) aspek yuridis; (2) aspek ekonomi; (3) aspek politik-pemerintahan dan (4) aspek sosio-kultural. Namun sebelum jauh membahas konflik terkait batas wilayah administrasi kita ketahui terlebih dahulu apa yang dimaksud dengan konflik.

Konflik menurut Kamus Besar Bahasa Indonesia (KBBI) berarti percekcokan; perselisihan; pertentangan. Secara umum konflik merupakan bentuk persaingan antar individu atau kelompok orang. Menurut Moore (1986) potensi terjadinya konflik ada bila dua atau lebih aktor bersaing secara berlebihan atau tidak adanya kesesuaian tujuan dalam kondisi sumberdaya yang terbatas.

Menurut Sumaryo (2015) penanganan konflik dapat dilakukan dengan dua langkah sederhana, yaitu: (1) Identifikasi penyebab terjadinya konflik, dan (2) Memutuskan untuk melakukan suatu tindakan atau tidak melakukan sesuatu terhadap konflik. Secara detail untuk mengetahui penyebab konflik perlu dilakukan analisa faktor. Salah satu model analisa atau diagnosis konflik dikembangkan oleh Moore (1986) di CDR Associates of Boulder, Colorado (Furlong, 2005).

Model diagnosis konflik yang dikembangkan oleh Moore sangat relevan untuk menganalisa konflik terkait batas administrasi. Moore mengmbangkan peta konflik dalam bentuk lingkaran yang disebut dengan lingkaran konflik (the Circle of Conflict). Identifikasi konflik dapat dilakukan berdasarkan penyebab utamanya, yaitu: (1) persoalan hubungan antara orang atau kelompok, (2) persoalan dengan data, (3) tidak ada kesesuaian nilai (value), (4) kekuatan terstruktur dari luar yang menekan para aktor dalam sengketa, (5) persoalan kepentingan yaitu tidak diperhatikannya atau tidak ada kesesuaian

The Circle of Conflict menurut Moore, 1986

Konflik data, konflik hubungan, konflik hubungan merupakan konflik yang seharsnya tidak terjadi (Unnecessary Conflict). Jadi ketika ketersediaan data maupun informasi memadai dan terpenuhi, nilai-nilai yang ada dapat dipahami, serta hubungan dapat dijaga dengan baik maka konflik tidak terjadi. Genuine Conflict merupakan konflik yang melekat pada sifat dasar manusia, yaitu konflik kepentingan dan konflik struktural. Faktor kepentingan dan struktural adalah dua faktor yang saling berhubungan dan selalu ada dalam kehidupan manusia (Forbes, 2001).

Model yang dikembangkan oleh Moore baik digunakan untuk menganalisis terjadinya sengketa/konflik batas wilayah administrasi. Unnecessary Conflict juga sering terjadi dalam hal memaknai batas wilayah administrasi. Ketersediaan data, yakni aspek yuridis baik peraturan yang berlaku, peta lampiran, maupun data-data yang dijadikan acuan. Seringkali dijumpai bahwa konflik batas terjadi karena perbedaan data yang dijadikan acuan. Selaian itu perbedaan interpretasi dan perbedaan cara pandang terhadap data membuat potensi munculnya konflik.

Konflik hubungan dan konflik nilai erat kaitannya dengan aspek sosio-kultural dalam terjadinya konflik/sengketa batas wilayah administrasi. Aspek sosio-kulturan merupakan cara pandang masyarakat terhadap batas wilayah administrasi. Banyak terjadi konflik karena masyarakat beranggapan adanya batas administrasi akan mempengaruhi pada hak adat, hak ulayat, maupun hak kepemilikan. Hal-hal seperti itu dianggap salah dan tidak benar (Nilai) dalam cara pandang masyarakat. Realitanya hal tersebut merupakan kesalahpahaman (Hubungan) masyarakat memaknai batas wilayah administrasi.

Konflik kepentingan berhubungan dengan hal substantif seperti halnya sumberdaya alam, waktu dan pendapatan. Oleh sebab itu konflik kepentingan erat kaitannya dengan aspek ekonomi dalam terjadinya konflik/sengketa batas wilayah administrasi. Misalnya sengketa batas dikarenankan pendapatan dari izin pertambangan, perkebunan, dan potensi sumberdaya alam lainnya. Hal tersebut karena batas wilayah berkaitan dengan Pendapatan Asli Daerah (PAD), selain itu batas wilayah juga berhubungan dengan Dana Alokasi Umum (DAU) dan Dana Bagi Hasil (DBH).

Konflik struktural banyak banyak terjadi di Indonesia terkait batas wilayah admnistrasi. Konflik ini dipengaruhi oleh aspek politik-pemerintahan. Hal hal yang sering terjadi seperti halnya keterjangkauan pelayanan administrasi. Ketidakseimbangan kewenangan/ kontrol terhadap masyarakat, ketimpangan kontrol terhadap potensi sumberdaya, definisi peraturan/aturan main, dan beberapa contoh lainnya.

Konflik data, nilai, dan hubungan terkait batas wilayah dapat diminimalisir. Sengekta atau konflik bisa diminimalisir ketika data yang digunakan mempunyai kualitas, metode, yang sama. Hal yang terpenting data yang digunakan telah disepakati dalam menentukan batas wilayah administrasi. Nilai dan hubungan diselaraskan dengan memberikan pemahaman yang mendetail ke masyarakat akan pentingnya batas wilayah administrasi. Adanya batas wilayah administrasi merupakan bentuk pemerintah melayani masyarakat. Lebih dari itu batas wilayah administrasi tidak menghapus hak adat dan hak ulayat.

Konflik kepentingan dan konflik struktural pada batas wilayah administrasi lebih sulit diminimalisir dibandingkan dengan konflik nilai, hubungan, dan data. Hal ini karena potensi konflik berasal dalam diri manusia. Ketika pemerintah daerah bisa menahan diri dan menyelesaikan permasalahan dengan mempertimbangkan kesejahteraan masyarakat maka potensi konflik/sengketa batas dapat ditekan dan diminimalisir.

 

Catatan:

Pendetailan aspek konflik dan jenis konflik akan didetailkan dalam pembahasan berbeda. Kritik,saran, dan koreksi sangat saya harapkan guna peningkatkan kualitas tulisan ini, semoga bermanfaat :))

 

Sumber:

Forbes, V. L., 2001, Conflict and Cooperation in Managing Maritime Space in Semi-enclosed Seas, Yusof Ishak House, Singapore University Press, Singapore

Furlong, G.T., 2005, The Circle of Confict, The Conflict Resolution Toolbox, Model & Map for Analyzing, Diagnosing and Resolving Conflict, Chapter 4, p.29-54, John Wiley and Sons, Ontario, Canada.

Moore, C. W., 1986, Decision Making and Conflict Management, Colorado, CDR Associates,Boulder.

Sumaryo, 2015, Asesmen Peran Informasi Geospasial dalam Proses Boundary Making dan Sengketa Batas Daerah Pada Era Otonomi Daerah Di Indonesia, Universitas Gadjah Mada, Yogyakarta.

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