THE POSITION OF CUSTOMARY VILLAGE IN THE CUSTOMARY LAW COMMUNITY IN PAPUA PROVINCE: A REFLECTION OF THE LAW NUMBER 6 OF 2014 CONCERNING VILLAGES

Abstract

This paper aims to examine the existence of  Customary Village (Adat) as a mirror of the Unity of the Customary Law Community. The Customary Village has been known in several community law communities in Indonesia, such as in West Java, Bali, South Kalimantan,  East Nusa Tenggara (NTT), West Nusa Tenggara (NTB), Maluku and Jayapura District of Papua. It has been stipulated in Article 18B of the 1945 Constitution of the Republic of Indonesia, Article 399 of the Law No. 23 Year 2014 concerning Regional Government, the Law No. 6 of 2014 concerning Villages, and the Government Decree No. 43 2014 – has been amended to the Government Decree No. 47 2015, Article 1 letter l of the Law No. 21 Year 2001 on Special Autonomy for Papua Province,  and the Regional Government Regulation No. 8 of 2016 concerning Indigenous Village of Jayapura District.  Socio-juridically, the Village (Desa) and the Customary Village (Desa Adat) have become part of the community institution and/or the customary institution. It is known as “Obe”(Kampong) in the Jayapura District of Papua. The word “Obe”(Kampong) is in line with the legal characteristics of local wisdom. The existence of the customary village basically is a reflection of the Customary Village in the context of recognition and restoration of the customary community authority under the identity of indigenous and tribal peoples of Jayapura District to have the autonomous Customary Village. The village democracy can be seen in the 1945 Indonesian Constitution, Article 94, Article 95 paragraph (3), and Article 111 of the Law of Village, and the Regional Government Regulation No. 8 of 2014 on the village supporting the implementation of the Law No. 8 of 2016 concerning the Village Community in Jayapura District. The efforts towards the existence of Villages Community as partners of the Village Government need commitment from the Regional Government and the Regional House of Representative (DPRD) of the Jayapura District to synergize and synchronize some policies with the Papua Provincial Government, the Papuan People's Representative Council (DPRP), and the Papuan People's Assembly (MRP) through policy or regulation.

Keywords : Customary Village, Customary Community, Village Kampong.