The Existence and Position of Adat Judicature in Papua

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The Existence and Position of Adat Judicature in Papua

DR. BUDIYANTO, S.H., M.H.
(Senior lecturer at Faculty of Law, University of Cenderawasih, Papua)

Abstract

Law is a social institution that is created by man to create his own order. The order therefore is intentionally made by the collective agreement made by the groups of individual, as their natural needs. In the context of adat judicature in Papua, its existence and position is placed under the approaches of legal substance, legal structure, and legal culture. The rise of specialized autonomy for Papua will basically mean that there shall be bigger competence given to local government and the indigenous of Papua in terms of regulating their own government within the framework of the Unitary State of the Republic of Indonesia. Such competence also means to empower the socio-culture and economy potentials of the people of Papua; giving the adequate role for the indigenous Papuans through their traditional, religion and community figures altogether in formulating the local policies, which includes greater responsibility on the administering local authority without ignoring their part of being the people of Indonesia in accordance with statutory regulations.

Keywords: Existence, Position, and Adat Proceedings.

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