PATTERNS OF RESOLUTION OF CUSTOMARY RIGHTS DISPUTES FOR TRADITIONAL LAW COMMUNITIES IN WAROPEN DISTRICT PAPUA PROVINCE
Main Article Content
Abstract
Customary rights disputes often occur among residents between one village and another, and the same thing happens in Waropen. It is not uncommon for customary rights disputes to occur among customary law communities. The aim of this research is to determine the resolution of customary law community land rights disputes in Waropen Regency. The approach method used is normative and empirical, namely research by examining applicable laws and regulations by looking at the reality that occurs in the field. The results of this research reveal that the resolution of disputes over the customary law rights of the Waropen community among village residents is usually resolved through customary law which in the Waropen language is called "Woidama". Woidama means deliberation. The house where the gathering is held is the sera house (tribal chief's house) because the one who will lead the traditional assembly is Sera. Problem solving starts from Sera Titibi (Deputy). If Sera Titibi cannot solve it, then the problem is handed over to Sera Bawa. In terms of solving the land problem, if there are still problems, it is recommended to just eat land as a way to solve the problem. They believe this will prove who owns the land. However, with the formation of the Waropen Traditional Council, unresolved problems can be escalated to the Traditional Council. The Waropen Traditional Council has its own management structure with a cabinet composition elected within Waropen Regency. The Traditional Council in this area functions as a protector for indigenous Papuans, and as a channel for messages among Papuans for the government, especially in the Waropen district government area. At the district level there is a District Traditional Council and at the district level there is a District Traditional Council. Meanwhile, in each village, village-level traditional council management has also been formed. The structure and management of the Traditional Council in Waropen district consists of: General Chair, Deputy Chair I, Deputy Chair II, Deputy Chair III, Deputy Chair IV, Secretary I, Secretary II, Treasurer I, Treasurer II, Commissions (consisting of 4 commissions who is in charge of programs as a program driver for the local Traditional Council).
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Alua, Agus A. (2002). West Papua From Lap to Lap A Chronological overview, Papua Political Education Series No. 1, Secretariat of the Presidium of the Papua Council and East Fajar STFT Research Bureau, Jayapura.
Bushar Muhammad. (2006). Principles of Customary Law An Introduction. Jakarta: Pradnya Paramita Publishers.
G Kartasapoetra. (1991). UUPA Guarantee Land Law for Successful Land Utilization. Bandung: Rineka Cipta.
Joseph HR. Kaiway dan Edison Robert Gay. (1993). Research Report on the Landlord Rights of the Waropen Indigenous Community in Yapen Waropen Regency. Jayapura: Irian Jaya Community Legal Education Collaboration Foundation.
Manengkey, V. T., Tanati, D., Palenewen, J. Y., Pondayar, Y., Solossa, M., & Rongalaha, J. (2023). Legal Counseling on Minister of Agrarian Regulation Number 5 of 1999 concerning Guidelines for Resolving Problems with Customary Law Communities' Land Rights in Nendali Village, East Sentani District, Jayapura Regency. Journal of National Community Service, 1(8), 1342-1348.
Palenewen, J. Y. (2022). Agrarian Law and Land Registration in Indonesia.
Pelupessy, E., Hetharia, M., Sahuleka, O., Katjong, K., & Palenewen, J. Y. (2024). Application of Science and Technology on How to Settle Ulayat Land Disputes from the Perspective of State Minister for Agrarian Affairs/KBPN Regulation Number 5 of 1999 in Asei Besar Village, East Sentani District, Jayapura Regency. Nanggroe: Journal of Scholarly Service, 2(11).
Palenewen, J. Y. (2024). Resolution Of Ulayat Land Disputes Between The Traditional Legal Communities Of The Upper Tor District And The Regional Government Sarmi District, Papua Province. Russian Law Journal, 12(1).
Rainer Scheunemann. (2004). Dawn Breaks in the Land of Papua "Life and Work of the Papuan Apostle Johann Gottlob Geissler (1830-1870) and His Legacy for the Present", Committee. Golden Jubilee 150 Years of Gospel Preaching Day in Papua.
R. Soeprapto. (1986). Basic Agrarian Laws in Practice. Jakarta: University of Indonesia Publishers, UI Press.
Supriadi. (2007). Agrarian Law. Jakarta: Sinar Graphics.
Tanati, D., & Palenewen, J. Y. (2022). Application of Science and Technology regarding Settlement of Ulayat Land Boundary Disputes Through Litigation and Non-Litigation in Traditional Law Communities in Nendali Village. AMMA: Journal of Community Service, 1(09), 1133-1138.
Tanati, D., Palenewen, J. Y., Pondayar, Y., Thesia, E. H., Solossa, M., & Rongalaha, J. (2023). Legal Counseling Law Number 30 of 1999 About Arbitration And Alternative Dispute Resolution In Nendali Village, East Sentani District Jayapura Regency. Jurnal Pengabdian Masyarakat Bangsa, 1(8), 1331-1337.
Tanati, D., & Palenewen, J. Y. (2024). Resolution Of Agrarian Conflicts In Papua's Indigenous Communities.
Tanati, D. (2023). Land Ownership Rights According to Indigenous Peoples in Kwadeware Village, Waibu District Jayapura Regency. International Journal of Multicultural and Multireligious Understanding, 10(1), 629-634.
Tanati, D. (2023). The Role of Customary Institutions in Settlement of Customary Land Disputes between Wonatorey and Watopa Clans in Waropen Regency. International Journal of Multicultural and Multireligious Understanding, 10(3), 278-283.
Tanati, D. (2023). Opening A Window On The Values And Norms Of Waropen District Traditional Communities.
Warami, Hugo. (2006). Dou Sandik Guyub Tutur Biak Numfor, Papua, Tesis, Denpasar.
Wantjik Saleh. (1982). Your Rights to Land, Jakarta: Ghalis Indonesia.