ABSTRACT

The conflict of Maluku which has happened since the early 1999 until the
end of 2003 brought with it victims, either human beings or properties. The prime
cause of the conflict seems unclear so far, but it tends to be very political. Many
issues have been provoked in order to destroy the sosio – cultural order of
Malukuness by attacting religio – symbolism to intensify sentiments among those
involved in the conflict and it appears to be intentionally well – planned.
The Maluku conflict can be clearly elaborated, for its cause is multifactor,
wether viewed from the economic, sosial, culture, education or government factor,
etc. The problem is how to manage the conflict so as not to creat sosial and
humanity disorder. The choice of the law enforcement approach is very strategic,
because by constitution the government of Indonesia apply the concept of “ State
in dengerous situations” [ Pasal 12 UUDr 1945 ] that is operationally regulated by
the government regulation number 23/Prp/1959.
Along with Kepres Number : 88 Tahun 2000, the underwriter of Civil
Emergency of Maluku Province is given the authority to design law enforcement
policy and implement it within some decision and manifesto as intended by Pasal
10 and Pasal 11 of the government regulation Number : 23/ Prp / Tahun 1959.
Juridic analysis towards the law enforcement policy during and after the
conflict is confessed not yet resulted in satisfaction. To solve the problem, the law
enforcement policy of the post – conflict area must be re – studied rationaly, since
the completion of law – breaking activities both relating to Hukum Perdata or
Hukum Pidana should be handlled proportionally.