CUSTOMARY JUSTICE SYSTEM OF THE INDIGENOUS PEOPLE OF BIAK NUMFOR, PAPUA
Journal Title: Academic Research International - Year 2016, Vol 7, Issue 2
Abstract
The article aims to reveal about the prevailing customary justice system in pursuant to the customary law of Biak Numfor Papua, in investigating, considering, deciding or resolving a case of customary wrongdoings, and to set up procedures for the settlement of a case, and to determine the legal decision of a case under the prevailing customary law in a particular region. Referring to Law No. 21 of 2001 on Special Autonomy for Papua Province of Article 51 paragraph (1) states that "customary justice is the justice of settlement within the community of customary law, which has the authority to investigate and adjudicate customary disputes and criminal cases among the customary law people ". Therefore, the customary justice and indigenous customary law community of Biak Numfor Papua should be described, which is fitting for recognition in the national legal system. The article will be presented through juridical empirical approach with a framework of Alternative Dispute Resolution (ADR) to disclose the problem of "Customary Justice System on Indigenous People of Biak Numfor, Papua". The study will project the problem of indigenous or customary justice system on (i) the type of customary offense of Biak Numfor and (ii) the types of customary sanctions of Biak Numfor Papua.
Authors and Affiliations
SH Yustus Pondayar
Keywords
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