The Forms of Custom Offense (Sanctions) of Waropen Tribe of Papua

Abstract

The losses resulting from the customary offense are not only concerning the material, but also immaterial loss. This clearly shows that customary criminal law is underpinned by a philosophy of harmony and 'communal morality'. The firmly-rooted public trust, that in the case of customs offenses which resulted in an immaterial loss, have implications on a concrete action of the recovery effort in the form of the implementation of certain rituals. In the view of Waropen indigenous tribes, the settlement of a formal judicial custom, through the mechanism of 'criminal proceedings' has not completely resolved the problem. However, in the domain of law enforcement, the role and contribution of customary law cannot be ignored that law enforcement is harmonization of the values ​​of human behavior to implement the ideas or values ​​in the form of law of 'in concreto' requires judges as law enforcement and justice to explore, follow and understand the legal values ​​that live in the community.

Keywords: Offense Sanctions; Waropen Tribe.

DOI: 10.7176/JLPG/83-12

Publication date:March 31^st 2019