4th Bi-Annual International Conference on Aceh and Indian Ocean Studies, UNIMAL, Lhokseumawe, Indonesia, 8-10 June 2013 Peace and Socio-Legal Recovery 1 M. Saleh Sjafei Sociology of Law, Law Faculty, Syiah Kuala University Fakultas Hukum, Universitas Syiah Kuala, Darussalam, Banda Aceh 2311, Indonesia Email: saleh.sjafei@unsyiah.ac.id Abstract-This paper deals with a theoretical framework related to sociological recovery in the traditional and rational laws context. The question is how the design of peace as a social practice arena to show certain power relation between social calamity victims as agency and local, national, and global laws as a structure. At one context, the structure determines agency, and at another context it is estimated that agency enables and, to some extent, determines the structure in order to create a balance power relation without exploitation. To some extent, the peace in Aceh is a consequence of socio-political conflict between Aceh Free Movement (GAM) and Unitary State of Republic of Indonesia (NKRI). Based on the illustrative case given by victims of Human Rights violation does not show balance power relation. Structural conflict between local law and national-global law (Law on Human Rights Court, Law on Truth Commission and Reconciliation, and Law on Aceh Government, and the Law on International Covenant on Economic, Social, and Cultural Rights which has been ratified by Indonesian Law) have brought about the agency at partial peace pattern and does not recover the foundation of social life comprehensively and sustainable. This thing is caused by structural discrepancy that does not bring recovery which will enable the agency to determine the structure by a mutualistic peace design. Peace solution achieved later by the conflicting parties to some extent tend to be politico-economy rather than socio-legal approach. Kalla’s proposition that ‘peace is an economic arena’, meaning peace tends to be a locus for profit orientation’ refers to peace mechanism based on rational choice and national -global orientation. While rational- idealist, peace accord is based on self-restraint and serious dialogues so that by enactment of the KKR is more conducive to socio-legal recovery on the agency-structure power relation. Keywords: peace, agency, structure, KKR, Aceh I. INTRODUCTION The experience of Indonesian communities, especially, the Acehnese communities lately show some tendencies to understand the peace concept referring to their local wisdom which conducive to their collective law structure. In the eyes of the President SBY, Aceh should be seen as a model of peace, diplomacy, and democracy which show the picture of mutual relationship between Acehnese communities and the Nation and Global states (Serambi Indonesia August 22, 2012). Such a statement is a reflection of legitimate scheme and significant achievement of a nation state among the local communities. At the beginning, there were rules as a consensus product of agencies whose characteristics have gained more power so that they become “a rule that enables the understanding to apply its categories and unify experience”. In other words, it means that the consensus is understood as structural schemes, which are called local customary law, national, and international laws. In a frame of reference it can be said that Indonesia is the product of a political will of a various local communities to develop social solidarity to enable them free (“conceptually egalitarian”) from any forms of colonialism. In other words, without the presence of equilibrium achieved by the communities through morals, conformism, and exclusion of social control, although they were only imagined communities [1], Indonesia can almost never been established. 1 This paper is presented at the fourth International Conference on Aceh and Indian Ocean Studies, 08-10 June 2013 at Uteun Kot Campus, Malikussaleh University, Lhokseumawe, Indonesia. Many parts of this was presented at a Short-Term Program on Peace and Human Security at Syiah Kuala University on 7- 18 September 2012 at International Classroom of Law Faculty of Syiah Kuala University, Darussalam, Banda Aceh.