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All Journal Jurnal Noken: Ilmu-Ilmu Sosial SELAPARANG: Jurnal Pengabdian Masyarakat Berkemajuan Jurnal Ius Constituendum JUSTISI Community Development Journal: Jurnal Pengabdian Masyarakat Abdimas: Papua Journal Of Community Service Indonesian Journal of Engagement, Community Services, Empowerment and Development (IJECSED) PROFICIO: Jurnal Pengabdian Masyarakat Indonesian Collaboration Journal of Community Services (ICJCS) Jurnal Pengabdian Masyarakat Bidang Sains dan Teknologi Jurnal Indonesia Sosial Sains JUDGE: Jurnal Hukum Jurnal Ar Ro'is Mandalika (Armada) Journal of Law Justice Jurnal Pengabdian Mitra Masyarakat
Rajab Lestaluhu
Universitas Muhammadiyah Sorong
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Settlement of Inheritance Distribution According to Mare Customary Law in Maybrat Regency Marselus Nauw; Muhammad Ali; Hasriyanti Hasriyanti; Rajab Lestaluhu
Journal of Law Justice (JLJ) Vol. 3 No. 3 (2025): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v3i3.4399

Abstract

This study aims to analyze the inheritance distribution system according to the customary law of the Mare Tribe in Maybrat Regency, Southwest Papua, with a focus on the role of the kinship system and the principle of inheritance based on lineage. The method used in this study is an empirical approach with data collection through interviews and document studies. Primary data was obtained from interviews with local indigenous communities and regional officials, while secondary data was collected through literature studies covering regional regulations, books, and relevant scientific articles. Data analysis was conducted qualitatively using descriptive methods to describe the practice of inheritance distribution in the Mare tribe community. The novelty of this research lies in its in-depth focus on the customary inheritance distribution system in Southwest Papua, particularly in the Mare District, which still maintains the tradition of primogeniture and the Tua Marga principle. This system shows that the first child of the family, especially the male, has the primary right to inheritance consisting of land and natural resources. This study also reveals the importance of the patrilineal kinship system in determining heirs and the dominant role of men in the management of inheritance. The results show that the inheritance system in the Mare tribe community still adheres to old traditions, where the distribution of inheritance is carried out from generation to generation, taking into account the position of Tua Marga as the main heir. However, this system also allows women to inherit property under certain circumstances, such as when there are no male children in the family. The conclusion of this study is that the customary law of the Mare tribe remains relevant in regulating the distribution of inheritance, taking into account social status in the lineage and the role of men in the management of inherited property.
From Normative Recognition to Effective Protection: Reformulating Restitution for Child Victims in Indonesia Sokhib Naim; Wahab Aznul Hidaya; Kristi Warista Simanjuntak; Rajab Lestaluhu; Nurhalisa Nurhalisa
Jurnal Ius Constituendum Vol. 11 No. 3 (2026): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i3.14666

Abstract

This study aims to analyze the effectiveness of restitution for child victims of criminal offenses within Indonesia’s criminal justice system and formulate a restorative justice-based restitution model. Although Indonesian law recognizes restitution as a right of victims, its realization remains problematic due to fragmented regulations, weak inter-agency coordination, reliance on victims’ procedural initiative, and the absence of effective enforcement mechanisms. This issue is particularly urgent for child victims of sexual violence, whose vulnerability and long-term physical, psychological, social, and educational impacts require an effective victim-oriented legal protection mechanism. Employing normative legal research, this study uses statutory, conceptual, case, and comparative approaches to examine legislation, legal scholarship, and Judgment No. 247/Pid.Sus/2023/PN Son through qualitative legal reasoning and ratio decidendi analysis. The novelty lies in integrating normative analysis with judicial analysis to identify the relationship between regulatory fragmentation, judicial discretion, institutional weaknesses, and the persistence of a retributive paradigm, while developing an integrated restitution framework. The findings demonstrate that restitution remains predominantly a normative entitlement rather than an effective legal remedy because its implementation depends on victims’ initiative, discretionary judicial consideration, fragmented institutional coordination, and ineffective execution. Accordingly, this study proposes an Integrative Model of a Restitutory System Based on Restorative Justice comprising six stages: identification of losses, LPSK assessment, mandatory prosecutorial filing, mandatory judicial consideration, enforceable execution, and institutional monitoring. The model strengthens institutional responsibility and positions victim recovery as an integral objective of criminal justice.
Co-Authors Agil Saeni Ajang Maruapey Akhmad ali Aresil, Alfian Arpipy, Mozahra Camelia Barru, Agustina Arusano Gloria Bayu Purnama Bustamin Wahid Chatarina Umbul Wahyuni Cintia Dwi Puspita Dwi Pratiwi Markus, Dwi Dwi Saleha Fajrianto Saeni Ferdinan Nuru Hadi Tuasikal Harun Salfle Hasriyanti Hasriyanti Hasriyanti Irnawati Irnawati Kadir, Muhammad Arifin Abd Kamaluddin Kamaluddin Kamaluddin Kariadi Kariadi Lona H. Nanlohy M. Saleh Refra Mahmudah, Masrifatun Maipauw, Niny J. Marselus Nauw Maruapey, Azis Maruapey, M. Husein Mira Herawati Soekamto Muhammad Ali Muhammad Husein Maruapey Muharuddin Muharuddin Muharuddin, Muharuddin mursid, akhmad faqih Naim, Sokhib Nanlohy, Lona H Nanlohy, Lona H. Nanlohy, Lona Helti Nurhalisa Nurhalisa Nurlela Nurlela Nurlela Nurlela Nurul Fajeriana M Rahma Lakamudi Refra, Mohamad Saleh Saeni, Agil Saeni, Fajrianto salimubun, ahmad firmansyah Sanny Hahury, Sanny Saro Fitriani A. Rohma Sayed Husaini Selvia Tharukliling Simanjuntak, Kristi W Sokhib Naim Suaib, Muhammad Ridha Tabara, Reijeng Vegitya Ramadhani Putri