The Pattern Settlement of Adat Delict of Waropen Tribe

Abstract

The Adat delict of Waropen Tribe can be settled in some approaches such as the normative law, the social sciences, sociology, and anthropology of law. Some theories wrote by some experts such as Franz von Benda-Becmann and Sally Falk Moore are applied to draw how those approaches are working together in settling Adat Delict in Waropen Tribe. The pattern settlement of the Adat Delict can be settled into the Governor’s Court, the Adat’s Court or the Native’s Court, the Swapraja’s Court, the Village’s Court, and/or Judicial Independence period. Related to Waropen tribes, not all of Waropen peoples are aware of customary or village courts. It is because the Waropen peoples only recognize the existence of a dispute resolution mechanism according to local customary law. The basic regulation of the Customary (Adat) court can be seen in some Laws such as the Law No. 1 Drt of 1951 (the  Emergency Law) concerning Provisional Measures to Organize the Composition, Power and Procedure of Courts, Civil Courts, the Law No. 19 of 1964 concerning the Principal Provisions of Judicial Power, The Law No. 22 of 1999 concerning Regional Government, the Law No. 21 of 2001 concerning Special Autonomy for the Province of Papua and some the Regulation Government.

Keywords: the Settlement Patterns, the Adat Delict, Waropen Tribe

DOI: 10.7176/JLPG/89-03

Publication date:September 30^th 2019