RECOMMENDATIONS FOR RESOLVING COMMUNITY AND COMPANY LAND CONFLICTS IN RIAU PROVINCE

The land development process carried out by the company in recent decades has caused many conflicts with the community. It is undeniable that Riau Province is one of the eight provinces in Sumatra located in the eastern part which is mostly lowland with the potential for natural resources, especially in the field of plantations and forestry which makes oil palm plantation companies build many mills, control and develop land into plantations. Through the analytical descriptive method, situations and phenomena that become conflicts are presented, especially the causes and efforts to resolve the conflict. Some of the conflicts that occurred were given recommendations for alternative resolutions including; in the form of a study of government policies on right-to-use permits, mapping forest and plantation areas to obtain clear boundaries, eliminating the basis of conflict from their actions in conflict, victory of one party and defeat on the other, compromise, peace and impossibility of reconciliation, intensifying mediation between conflicting parties and the application of religious teachings as an effort so that the intensity and duration of conflict can be reduced or even can be reduced, especially conflicts that have been going on for a long time due to the repetition of previous conflicts.


Introduction
Riau Province is one of the eight provinces in Sumatra located in the eastern part which is mostly lowland with natural resource potential, especially in the field of plantations and forestry which is high in Indonesia such as those in Kalimantan and Papua (Chrisnawan & NIM, 2016).
The exploitation process also causes frictions in society. Incidents of violence and human rights violations due to land conflicts between companies and local (adat) communities in recent years have also often become an actual spectacle for every community member, both directly and indirectly involved (Mundung, Ansor, Darwis, & Sudeska, 2007) (Chrisnawan & NIM, 2016).
The series of incidents and conflicts have now spread to almost all parts of Indonesia. For example, outside Riau Province, some time ago, a violent tragedy was revealed resulting from a conflict between oil palm plantations and plasma smallholders, the Mesuji Tragedy, where it was suspected that 30 people died in the tragedy. In Riau Province itself, conflicts between communities and plantation companies occurred in Rokan Hulu Regency in 2011, which recorded the highest number compared to other districts with a percentage reaching 50% of the total conflict incidents and the area of conflict plantation land that occurred reached 24,630 hectares. (scale up, 2012).
The trigger for plantation land conflicts generally stems from the absence of legal certainty from land tenure and management. The Ministry of Forestry said that around 56% of the state forest area, which covers a total area of 134.7 million hectares, is still in a state of overlap in terms of control and management, namely between the state and local communities (Departemen Kehutanan, 2002).
Meanwhile, the Government, in this case the Ministry of Forestry, is only able to complete the forest area boundary arrangement by 13%, meaning that 87% still has no boundary system until now.
With such conditions, the expansion of areas from plantation development and SOEs located on forest land, both in conversion forest areas and forest areas released into HGU (Hak Guna Usaha) has generally been on conflicted land in terms of control and management (Firdaus & Turiman, n.d.). Development on conflicted forest lands then never gets a solution, especially adequate legal certainty until incidents of violence and human rights violations increasingly appear.

Research methods
The research method that the author uses to describe this paper is an analytical descriptive method, namely an effort to collect, compile and interpret the existing data then analyze the data, research it, describe and examine more clearly the various factors related to the conditions, situations and phenomena being investigated (Moleong, 2021).
With the research method used above, it is hoped that it will be easy to understand the various classifications and wisdom of the local community as conflict parties in resolving conflicts that occur from existing data and analyzing them into a new thought in resolving conflicts that are never complete (Savita & Rindu, 2017).

Results and Discussion
A. General description One of the goals of the state as stated in the preamble to the 1945 Constitution of the Republic of Indonesia (1945 Constitution) is to promote public welfare (Handayani, 2020). A calm and peaceful situation in life, including in carrying out business activities and obtaining legal certainty over property rights is an absolute requirement for creating prosperity. Law Number 6 of 1974 Concerning Social Welfare Provisions in article 2 paragraph 1 explains that "Social Welfare" is an order of life and material and spiritual social life which is encompassed by a sense of safety, decency, and inner and outer peace, which allows for every citizen to carry out efforts to fulfill the best possible physical, spiritual and social needs for himself, his family and society by upholding human rights and obligations in accordance with Pancasila. Further described in Article 2 Paragraph 2, namely "Social Welfare Enterprises" are all efforts, programs, and activities aimed at realizing, fostering, maintaining, restoring and developing social welfare (Wulan, Yasmi, Purba, & Wollenberg, 2004).
The existence of land conflicts between communities and companies is one of the problems that hinder the realization of welfare for the community. Land conflicts on the one hand are in the state's interest to increase investment, but on the other hand the rights of the community, both individually and communally, are disrupted and even lost due to corporate efforts (Moleong, 2021).
The granting of concession permits and Business Use Rights (HGU) by the government to business actors (investors) should provide legal certainty. Normative permission or right is the overflow of authority or power to a legal subject to master or determine a legal act against an object granted a right or permission by the government (Rusdiana & Nasihudin, 2016). However, in reality, there are not a few land conflicts that occur even in locations that have received permits or Business Use Rights (HGU) from the Government.
Communities lose their rights both individually and communally as a result of permits or rights granted to companies. The granting of rights and/or permits to companies should be completely clean and sterile from other rights, including the personal rights of the community as well as the rights of indigenous peoples.
In practice, land conflicts that have occurred so far are precisely caused by rights disputes between communities and companies. This means that legally there is a problem of certainty of rights which is the main point of land conflict. In order not to spread and drag on the conflict must receive attention from all parties, the government, society and companies must be responsible for finding a solution so that the existing conflict can be resolved. (Rusdiana & Nasihudin, 2016) Conflict resolution must be able to bridge (integrate) all interests (stakeholders), so that investment continues to run well, and is profitable.
The philosophical foundation of the Law of the Republic of Indonesia Number 25 of 2007 concerning Investment states: that to accelerate national economic development and realize Indonesia's political and economic sovereignty, it is necessary to increase investment to process economic potential into real economic strength by using capital that comes from, both from within the country and from abroad.
Investment as capital and the power of national economic development must not neglect the rights of the people, as guaranteed by article 28 G paragraph (1) of the 1945 Constitution, as follows: everyone has the right to the protection of personal self, family, honor, dignity and property under his control, as well as the right to a sense of security and protection from the threat of fear of doing or not doing somethingwhich is a human right.
The state in this case the government also recognizes and protects the rights of the community as stated in article 18B paragraph (2) of the 1945 Constitution which reads: the state recognizes and respects the unity of indigenous peoples and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law.
Article 33 Paragraph (3) of the 1945 Constitution expressly states that: "The earth, water and natural wealth contained therein are controlled by the state used for the greatest prosperity of the people". This means that the management and utilization of customary land as part of Indonesia's natural resources must be carried out wisely for the prosperity and welfare of the Indonesian people.
Based on Article 5 of Law Number 5 of 1960 concerning the Basic Rules of Akraria it states that "Akrarian law that applies to earth, water and space is customary law, as long as it does not conflict with national and state interests, which are based on national unity, with Indonesian socialism as well as with the regulations contained in this Law and with other laws and regulations, everything with due regard to the elements that rely on religious law. This article does not explain in detail about customary land, only mentions the recognition of customary provisions that apply in the community. Utilization of communal land is an effort to carry out management and utilization of communal land in accordance with the conditions and circumstances, with the aim of improving the welfare of the community within the customary land environment.Berdasarkan Lampiran Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintah Daerah huruf J angka 6, menyatakan bahwa yang menjadi kewenangan Provinsi adalah Penetapan tanah ulayat yang lokasinyan lintas Daerah Kabupaten/Kota dalam 1 (satu) Daerah Provinsi.
In Riau Province, in fact, land within the customary law community is still recognized, the management and use of which is based on local customary law provisions and is recognized by members of the customary law community concerned as their ulayat land. The recognition and protection of customary law communities by the Riau Provincial Government is contained in the Regional Regulation of the Riau Province number 14 of 2018, as well as the Regional Regulation of the Province of Riau Number 10 of 2015 concerning customary land and its utilization. In its development, investment and customary land have become two opposite poles, therefore conflict resolution and finding formulations or investment models that are just and integrated with the interests of indigenous peoples are a must to be prepared.
Riau Province is an area that has a high number of land conflicts between communities and companies related to natural resources, especially forestry and plantations. This can be seen in the following cases: Between PT. Arara Abadi with the Sahabat Lestari Cooperative, which is located in Kota Garo Village, Tapung  Conflict Conflict comes from the Latin verb configure which means hitting each other. Sociologically, conflict is defined as a social process between two or more people (it could also be a group) in which one party tries to get rid of the other party by destroying it or making it powerless.
Conflict can also be said to be a form of social interaction when two individuals have different interests and lose harmony between them. Basically, conflict is a natural thing and often occurs in everyday life. Conflict, according to Susetiawan (2000), will occur if a group fights to defend its interests. In Hobbesian terminology also in Susetiawan, conflict, for profit, security or glory, will only stop in death.
Max Weber demonstrated that conflict cannot be excluded from social life. Peace is nothing more than a change in the form of conflict or in terms of the antagonists or objects of conflict, or ultimately in the chance of selection.
Dahrendorf stated that all social life is conflict, because it is change.
There are several definitions of conflict according to several other experts (Wikipedia), namely: According to Taquiri in Newstorm and Davis, conflict is a legacy of social life that may apply in various circumstances as a result of the emergence of a state of disagreement, controversy and conflict between two or more parties continuously.
According to Gibson, et al, besides being able to create cooperation, interdependent relationships can also create conflict. This happens if each component of the organization has its own interests or goals and does not cooperate with one another.
According to Robbin, the existence of conflict in organizations is determined by individual or group perceptions. If they are not aware of the existence of conflict within the organization then in general the conflict is assumed not to exist. Conversely, if they perceive that within the organization there has been a conflict then the conflict has become a reality.
According to Minnery, organizational conflict is an interaction between two or more parties who are related to each other and are interdependent, but are separated by differences in goals.
According to Folger & Poole, conflict can be felt, known, expressed through communication behaviors.
Conflict according to Pace & Faules, is an expression of conflict between individuals and other individuals, groups and other groups for several reasons. In this view, conflict indicates differences between two or more individuals that are expressed, remembered and experienced.
The conflict between the two groups has several aspects. Not only based on economic interests but can also include cultural values, affiliation, religious cohesiveness and ethnic sentiments.
Although these things are less important than economic factors, they cannot be excluded from the conflict that occurs.

B. Community and Company Conflict
Conflict over natural resources is both manifest and latent around and based on the struggle over natural resources. The perpetrators of the conflict themselves can be companies, communities or the government with different causes, intensity of involvement and patterns among the perpetrators of the conflict. These natural resource conflicts are always linked as a strategy for meeting individual and household subsistence needs, driving the economy at the local, regional and national levels to issues of the physical and social environment surrounding natural resource exploration and exploitation activities. In the context of human rights, changes to the structure of natural resources actually eliminate the economic and social (EkoSos) rights of local communities. For local people who live with a culture of subsistence, changes in the structure of natural resources can close local people's access to obtaining and enjoying natural resource wealth such as fishing, hunting, farming, farming, gathering, enjoying natural products such as resin, honey, rattan. and fruit in the forest. When the economic and social rights of local communities are disrupted and even threatened with loss by company activities, this will unknowingly give birth to a conflict in natural resource management. This condition stimulated resistance from the community towards the presence of the company. State administrative policies issued by state administration officials (Government of Indonesia) in the form of permits granted to companies to manage natural resources in an area without good and correct studies and analysis and weak legal accommodation resulting in conflicts over resource management rights natural resources between foreign companies and local communities, this natural resource conflict has even claimed many victims both among the companies themselves and the community.
The escalation of conflicts over natural resources over forests, land, plantations and mining has shown a significant increase from year to year and even old unresolved conflicts often end in mutual attacks between communities and companies. Deployment Deployment of employees and paid workers and the police often occur at the request of the company for the reason of securing assets. However, the fact on the ground that many security measures have resulted in the forcible expulsion of people from conflict areas and even shootings, arrests and imprisonment.
On the other hand, resistance by the community can also be detrimental to the company, in many cases vital access roads have been blocked so that company production has stopped, offices have been torched, employees have been taken hostage, even counter-attacks have resulted in the company being killed.

C. Causes of Conflict between Communities and Companies in Riau Province.
Conflicts, especially land conflicts between communities and companies, are one of the problems that hinder the realization of prosperity for the community. The settlement of land conflicts cannot be seen simply. Land conflicts on the one hand are in the interests of the state to increase investment, but on the other hand there are community rights, both individually and communally, which are disrupted and even lost due to company efforts.
Conflict is indeed a necessity for any society. Especially for multi-ethnic communities in Indonesia and it is also possible for people in Riau Province with high natural resource potential. The diversity and uniqueness of culture make this nation rich in socio-cultural terms. However, this wealth can create extraordinary potential, due to different points of view in interpreting something and it may lead to disputes. Moreover, if the difference is actually framed by the stigma of superiority -superiority. Even in a very homogeneous society, there is always the potential for conflict. Land for our society has a multidimensional meaning (Heru Nugroho, 2001), namely: First, from an economic point of view, land is a means of production that can bring prosperity. Second, politically land can determine a person's position in community decision-making. Third, as a culture can determine the high and low social status of the owner. Fourth, land has a sacred meaning because it deals with inheritance and transcendental issues.
Because of the meaning of this meaning there is a tendency that people who own land will seek to defend their land in any way if their rights are violated. There is a Javanese proverb that asserts that "whatever risk will be accepted will still be defended until the end of the blood", is a reflection of how persistent people are in defending their land (Heru Nugroho, 2001). Differences in interests, orientations, tastes, desires, views and others can trigger conflicts that may be small at first, but if the society is not smart to respond to and manage them, it will become a humanitarian disaster. In general, there are four factors that cause conflicts related to land use in Indonesia (Konsorsium Pembaruan Agraria, 2013). D. These factors include: The granting of location permits by the government and unilateral determination of forest areas by the Ministry of Forestry.
BUMN land management in colonial heritage plantation areas in several provinces where plantations are the main commodity sector, such as North Sumatra, South Sumatra and Lampung. E. Granting location permits on community lands.
There is no strong will from the government to hand over management to the community. In fact, for generations indigenous peoples have long owned and controlled forest land in Indonesia with the principle of environmental sustainability.
On the other hand, there are several things that cause land conflicts between communities and companies, namely: Demanding land compensation, partnership pattern agreements that are considered denied by one of the parties, community land entering the company's concession area, and general rejection of the company's operations around their villages..
It is also important to pay attention that land conflicts that occur between communities and companies are mostly caused by the policy of granting permits by the government (central or regional) without first seeking approval from the community as stated by the Agrarian Reform Consortium above. Spatial policies that do not accommodate the existence of spaces for community rights are the main source of the problem.
In addition, the conflict was also triggered by the ambiguity of rights between the traditional claims of local/customary communities (in the form of customary/ulayat/hereditary lands) and areas that are the domain of the State, both in the form of forest areas (in the form of production, protection, conservation forests) and non-forest areas which are intended for the development of the plantation sector which on average is entrusted with management rights to the private sector. Apart from that, the community's protests and rejection of the company's operations were also caused by restrictions on community access as a result of the designation of the area as a protected area or conservation without considering the sustainability of the livelihoods of the surrounding community.
This condition then triggers conflicts over overlapping rights claims which in the end end in many and prolonged violence. Failure to resolve the conflict over this issue resulted in the community submitting the highest bid to the government, namely rejecting the company's operations around their settlement location. Due to its position as the highest bid from the community, the magnitude of the extent of land conflicts that have a setting in the community's rejection of the company's operations needs to be read critically.
The roots of land disputes or conflicts that have occurred in society in recent times have emerged in various forms. So it is necessary to be identified in order to find a way out or a form of settlement to be carried out. Conflicts related to plantation land problems are caused by the following (Ali Afriandy, 2013): Population growth continues to increase, so that land becomes an object that continues to be felt less and less. Thus giving rise to occupational activities and demands from community groups.
Laws and regulations are seen as not yet fully regulating the settlement of land issues including the government's strictness on the existence of communal land which in fact must be fully recognized and overlapping on the basis of land ownership rights, it is seen that BPN has not been optimal in managing land registration, resulting in a weak position of communities and indigenous peoples towards management rights and traditional culture which are positive in the eyes of the law because of the implementation of the domain verklaring principle (land where ownership cannot be formally proven is considered state property).
Land issues are sometimes resolved in the political sphere so that legal certainty has not been fulfilled.
Revocation of Article 21 jo. Article 47 Law no. 18 of 2004 concerning Plantations by the Constitutional Court, resulting in reduced legal basis for imposing sanctions on perpetrators who occupy plantation land.
The Indonesian government does not have complete boundary data and regional administrative maps down to the village level, so the status of land or areas becomes unclear, causing unclear who has the right to manage natural resources in an area.
The increasing number of Indonesian Farmers or Foreign Farmers with large capital controls Land/Land with an area of hundreds or even thousands of hectares individually under the mask of legality or Permits from the Government of Indonesia.
Yuliana Cahya Wulan and friends when researching 70 forestry sector conflicts in Indonesia during 1997-2003 identified at least five factors of conflict in this sector, namely: forest encroachment, timber theft, environmental destruction, regional boundaries or access, and area conversion.
However, based on the identification of 65 cases of conflicts in Riau involving communities with companies during the research period conducted by the FKPMR R&D Team (Riau Community Leaders Communication Forum) in [2003][2004][2005][2006][2007], there were at least eight factors that caused land conflicts. Delapan faktor tersebut adalah : Unclear land boundaries, Forest encroachment by communities and companies, contracts that are considered by the community not to be fulfilled by the company, Community land grabbing by the company, Social jealousy because farmer groups managed by the company are economically better and receive more attention from the company, Compensation that does not find agreement between the two sides of the community and the company, and Land grabs between fellow citizens. Public dissatisfaction with one of the companies At a time when the economic and social rights of local communities are disturbed and even threatened to disappear by the company's activities, it will unwittingly give birth to a conflict in the management of natural resources. This condition stimulates the occurrence of resistance from the community to the presence of the company. F.
Efforts/recommendations for conflict resolution between communities and companies Simmel's sociologist in Robert M.Z Lawang (1997) analyzes several forms or ways of ending conflict, including eliminating the basis of conflict from the actions of those in conflict, the victory of one party and the defeat of the other, compromise, peace and the impossibility of peace. First, the victory of one party does not always mean that the losing party has completely lost the enthusiasm and energy to fight. The losing party may freely choose to surrender once they feel that the outcome cannot be any other way around. In this way the losing party is spared from having to waste energy, a wasted effort and at the same time it is also important to maintain the prestige of being able to make free choices.
Second, compromise seems impossible if the objects of conflict cannot be shared (meaning they cannot be shared between the conflicting parties). But Simmel showed that a compromise could also be reached by providing a "consolation" gift to the losing side. Indeed, conflicts can be resolved by one of the parties by handing over something of value as a substitute for the object in dispute.
Third, a reconciled relationship is very different from a relationship that has never been broken. The very high intensity of relations which is sometimes followed by peace will occur because of the fear that the next rift cannot be reconciled without undermining the true meaning of peace.
Fourth, in some cases peace may not be possible. The lack of possibility to reconcile those in conflict sometimes results in the end of the relationship. But Simmel suggests that the alternative is for the relationship to be re-established where irreconcilable issues are not allowed to spoil other aspects of the relationship. In other words, the conflicting parties agree to disagree.
In the context of natural resource conflicts, efforts to resolve conflicts made by the community are very diverse, ranging from simple ones to the court level by taking legal channels, such as reporting problems (conflicts) to regional governments (districts), provinces and even to institutions state administrators, but that is just a figment of the imagination. It is not surprising that people carry out peaceful demonstrations in brutal ways. This shows that there is no justice for the community and the government is not in favor of the interests of the community. This means that the community is the victim in development, both in the forestry sector and in the plantation sector. The community's choice is also to resolve conflicts with companies through negotiations. The spontaneous negotiation process between the two parties involved in the conflict is considered a simple settlement process and has a high potential for success, due to the willingness of both parties to negotiate. However, the spontaneous process sometimes does not get maximum results, so conflict resolution must be facilitated by a third party. Not infrequently, the process of resolving conflicts must go through legal channels as a last resort when all other means are deadlocked.Namun demikian, di Indonesia jalur hukum sepertinya belum sepenuhnya dapat dipercayai oleh semua pihak yang terlibat, sehingga cara penyelesaian konflik seperti ini jarang digunakan.
According to Max Weber (2000) (Weber & Priyasudiarja, 2000) in a conflict in society, the drug that strengthens them from the conflict is a new conception of religion, which teaches them to view the pursuit of wealth not only as progress, but as a task.
Some of the steps that can be used in resolving land conflicts that occur concerning communities and companies include: The government reforms the conflict resolution policy by creating independent institutions at the national and regional levels accompanied by conflict resolution mechanisms and operational procedures (Nurasiah, 2016).
The government provides space for voluntary mediator institutions to be involved in conflict resolution both at the national and regional levels.
The government must immediately identify and map the existence of customary forests and land so that the parties can guide them in resolving conflicts based on customary rights claims (Nesi & Kristin, 2018).
There must be an agreement between the National Land Agency and the Ministry of Forestry in translating the authority to issue rights in forest areas to a third party, so that if a conflict resolution occurs through mediation, the agreement can no longer be countered for reasons of authority.
It is important to stipulate that for community land conflicts with companies that are already operating, a temporary pause in company operations must be imposed while the conflict resolution process is carried out.
Conflict over natural resources must be seen as something extraordinary, because it can have an impact on a wider dimension such as SARA conflict, cancellation of incoming investment, and even cause loss of life which leads to violations of Human Rights (HAM).
Activate people's awareness of land rights as a dialectical force against state power. This movement can be carried out through raising awareness with the assistance of social activists (NGOs) who have helped a lot so far, including awareness and advocacy actions.
The plantation companies are expected to comply with the RSPO (Rountable Sustainable Palm Oil) principles where the company must care about indigenous peoples and not conflict with the community.
Companies that are in conflict with the community no longer use the police as a shield to deal with actions demanded by the community, but can wisely resolve everything that concerns the community and the government (Lafari, 2010).
It is no less important to note that conflict in the form of conflict does not only occur in social life, but wherever it is, there must be conflict (Masya & Candra, 2016). The other side of a contradiction and conflict is basically a conflict can be a means to achieve a balance of forces in society. Because the conflict that arises is a sign that the previously achieved accommodation is no longer being ignored. Thus, changes were made in the relationship between these forces so that a balance was achieved again. After all, a conflict can also produce a form of cooperation with the occurrence of the conflict, each party will do introspection, then make improvements (Soekanto & Mamudji, 2014). Conflict can also be interpreted as community control over a wrong action taken by the company (Nuraeni, Anggraeni, & Darwiati, 2016).

Conclusion
Some things that can be drawn as conclusions are; 1. The high number of conflicts involving natural resources in Riau Province occurs due to many factors including community demands on companies, social jealousy of local communities, land grabbing by communities and companies, lack of government concern in resolving prolonged conflicts and several other causes that have different characteristics between regions related to the development of plantation land. 2. Resolving land conflicts requires the appreciation of many parties involved such as the government as policy makers, companies and communities to provide new enlightenment and agreements that do not harm all parties. 3. Some of the conflicts that occurred were given alternative solutions to the solution including; in the form of a study of government policies on plantation permits, mapping forest and plantation areas to obtain clear boundaries, eliminating the basis of conflict from the actions of those in conflict, the victory of one party and defeat on the other, compromise, peace and the impossibility of reconciliation, intensifying mediation between conflicting parties and the application of religious teachings as an effort so that the intensity and duration of conflicts can be reduced or even can reduced especially conflicts that have been going on for so long.