Customary Justice Model in Resolving Indigenous Conflicts in Merauke Regency Papua

Abstract

ARTICEL INFOThe background of the keyword is the agenda of customary justice in the government which is clearly burdened by rules that are recognized and carried out well, making it possible to provide recognition of the prevailing customs in the community. The "confession" here is formal approval. The focus of the research is the implementation of customary justice in Papua in terms of Law Number 21 Year 2001 concerning Special Autonomy for Papua. The research objective is to design or formulate a model of customary justice in Papua. The target of the study is to get the right model of customary justice that is understood in their decisions in solving problems that occur in Papua. Merauke. Method research in this research is qualitative research. The research conducted is learning, literature, taking data and interviews in depth. After that the data obtained are described and analyzed with quantitative methods to formulate economic empowerment models. The results of this study are the existing customary models, so that in the context of customary cases there are also cases where adat cases can be issued by the community.

Ideal Concept of Traditional Justice in Solving Criminal Case

“…It can be seen from the above table that in Merauke, customary institutions have been regulated in regional regulations but for customary courts there is no special regulation that regulates this matter so that decisions made by this court are considered invalid if they have to deal with state courts. The Perdasus actually hopes for a Regional Regulation (Silambi et al 2018) on customary justice as stated in Article 10:…”

“…119/PID.B/2012/PN.MRK. (Erni Dwita Silambi, Alputila, & Syahruddin, 2018) Although the people of Merauke (Erni Dwita have begun to experience a change in their thinking patterns from traditional to modern, which are supported by increasingly sophisticated and modern equipment and also because the internet has reached remote areas until now the settlement of criminal cases still exists among indigenous Malind Anim in Merauke. This may be perceived from the number of cases that were resolved through the customary justice institution in Merauke as indicated in the table below: So far, all committed criminal cases that can be resolved through the Malind Anim customary court in accord with the Special Autonomy Law, namely in article 51 paragraph (1) Customary courts are peace courts within customary law communities that have the authority to examine and adjudicate customary civil disputes and criminal cases among the members of the customary law community concerned.…”

Implementation of Supervision Policies on Service Procedures for Issuance of Sailing Approval

“…It can be seen in table 1 that the number of employees at the Merauke [8] Class IV Port Authority and Harbormaster Office is 85 people and this number is still very low when compared to the working area.With the issuance of the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 154 of 2015 concerning Services for Online Sailing Syahbandar Approval Letters, it is hoped that this can facilitate and speed up services for ships entering and leaving ports because with online services, proof of payment, Documents no longer need to be submitted directly to the harbormaste [9] but only by uploading the required data and will be verified by the technical team then a physical examination will be carried out. This online service sometimes becomes hampered due to unsupported internet signals, so they return to using the service manually.…”