The Existence of Traditional Justice Policy in Fakfak District (Juridical Review of Articles 50 and 51 of Law No. 2 of 2021 concerning Special Autonomy for Papua Province)

Abstract

This article aims to identify and analyze the legal basis for the existence of the Customary Court in Fakfak Regency and the development of the Customary Court. The method used is a normative legal research method because it examines the legal product/basic regulations and the implementation of customary justice in Fakfak Regency, West Papua Province in handling cases. The results show that one part of the Specialty of the Papua Province is that it has been recognized and regulated further in the Papua Special Autonomy Law which has been amended several times, as recently as the enactment of the Law of the Republic of Indonesia Number 2 of 2021 concerning the Second Amendment to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua. Specifically, regarding the Customary Court, it is regulated in Article 50 paragraphs (1 and 2) and Article 51 paragraphs 1 to 8). Furthermore, the Papua Province has been regulated more specifically by the Papua Provincial Government through the issuance of the Papua Special Regional Regulation (PERDASUS) Number 20 of 2008 concerning Customary Courts in Papua, while for West Papua Province there is no Special Regional Regulation (PERDASUS) West Papua which is administratively the government, one of which oversees the Fakfak Regency area. so even there is no Fakfak Regency Perda that regulates Traditional Jurisdiction. A glance shows that there is still a lack of seriousness of the Regional Government to follow up on the State Recognition of the Existence of ADAT JUSTICE, in the event that support is needed: Legal Certainty on the Institution of Customary Courts.