Justice in Maluku - Formal and informal justice processes and their role for reconciliation in the aftermath of the 1999-2002 conflict

Inter-communal conflicts have devastating effects on the population affected and can destabilize a region due to factors such as massive internal displacement and economic decline. Therefore sustainable reconciliation of communities torn apart by violence is a topic feverishly discussed by international as well as national actors. One important factor in the context of reconciliation is the pursuit of justice for both sides, to decrease mutual resentments as well as the potential for renewed conflict. However, internationally established strategies focusing on retributive justice often fail to achieve long-lasting reconciliation after conflict on an inter-communal level, encouraging a turn towards locally adapted and culturally anchored processes. On the other hand, local or traditional means of reconciliation have been discredited as inappropriate to achieve justice, leaving a reign of impunity due to their focus on collective and restorative processes. This research examines how retributive and restorative approaches to justice, implemented by formal and informal actors, contributed to the reconciliation process in the case of Maluku. By means of literature research, field observation and interviews with key informants, measures taken within both the formal as well as the informal justice sector are analyzed, taking into account their perception by the general population. In the case of Maluku it is shown that restorative, collective processes contributed positively to reconciling the conflict-torn communities, establishing a sense of mutual forgiveness and brotherhood within the population. However, due to their limitation on a local level such approaches contain various shortcomings, in particular a failure to involve actors outside of the affected communities, an issue that could be resolved through punitive measures. The conclusion that can be drawn from the Malukan case is that in order to achieve justice in the eyes of the population and facilitate sustainable reconciliation, a combination of retributive and restorative elements should be applied, adapted to local culture and perceptions.