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ERIC Number: EJ1172061
Record Type: Journal
Publication Date: 2018
Pages: 13
Abstractor: As Provided
ISSN: EISSN-1309-9108
The Existence of Customary Rights of Customary Law Community and Its Regulation in the Era of Special Autonomy of Papua
Hammar, Roberth Kurniawan Ruslak
Journal of Social Studies Education Research, v9 n1 p201-213 2018
The protection and recognition of customary rights of Customary Law Community is a constitutional imperative according to the implementation of Article 18B of the 1945 Constitution. In order to minimize the conflict between government, employers and the community, it is necessary to understand the characteristics of customary rights of each tribe in Papua, and legitimize them as local legal products in order to accelerate the development and welfare of the community. This research, conducted in Manokwari during 2008-2009, determined the existence of customary rights of the Arfak Customary Law Community. The purposive sampling technique was used to identify 52 respondents from Arfak Indigenous natives. This research adopted normative-empirical methods in order to review and analyze the descriptive data collected from the respondents. The results of the research indicate that: (1) Implementation of the protection and recognition of communal land rights in Tanah Papua has been accommodated in Law Number 21 Year 2001 and it is realized in Special District Regulation Number 23 Year 2008 namely: customary law community rights recognized and protected by the State, Government, Provincial Government, District / City, which is implemented through customary rights research on indigenous and tribal peoples committed by the committee, and accommodated in the decision of the Regent / Mayor. (2) Arfak Customary Law Community owns customary right of Arfak tribe, sub tribe that is Hatam, Moile, Sougb, Meyah., Mnu custom right, customary right of Kerek level and family, and arrangement and utilization customary right arranged by each-Mananir according to its level.
Journal of Social Studies Education Research. Serhat Mah. 1238/2 Sok. 7B Blok 12 Ostim, Yenimahalle, Ankara, Turkey; Web site:
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Indonesia
Grant or Contract Numbers: N/A