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All Journal JUSTISI Jurnal Ilmu Hukum KYADIREN
Wutwensa, Bruri Marwano
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Law, Crime, Criminology & Criminal Justice

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Interfaith Marriages in Brambaken Village: Legal Ambiguities and Sociocultural Dynamics in Biak Numfor Regency Wutwensa, Bruri Marwano
Jurnal Ilmu Hukum Kyadiren Vol 5 No 1 (2023): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v5i1.216

Abstract

This research examines interfaith marriages in Indonesia, with a specific focus on Brambaken Village, Samofa District, Biak Numfor Regency. Marriage is regarded as a sacred bond that must adhere to the religious laws of each party, as stipulated in Article 2, paragraph (1) of Law No. 16 of 2019, in conjunction with Law No. 1 of 1974 concerning Marriage. Despite this, interfaith marriages continue to occur in society, even though they are not explicitly regulated by this law, leading to legal uncertainty. The objective of this research is to assess the validity of interfaith marriages under current legal frameworks and to identify the factors that contribute to the prevalence of interfaith marriages in the Biak Numfor Regency. Employing an empirical juridical approach, this study utilizes primary data from interviews and secondary data from literature reviews. The findings indicate that interfaith marriages persist as a social phenomenon despite legal ambiguity, driven by complex social and cultural factors such as the dominance of syncretic cultural practices, secularism, religious formalism, disproportionate tolerance, and the presence of premarital children.
A Hybrid Model for Resolving Customary Land Disputes in Papua’s Indigenous Communities Wutwensa, Bruri Marwano; Lobubun, Muslim; Rato, Dominikus; Anggono, Bayu Dwi
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.231

Abstract

This study examines customary land disputes among indigenous communities in Papua, focusing on the alignment of existing legal mechanisms with the justice values held by these communities. Employing a normative legal approach and socio-legal analysis, this research explores the philosophical, cultural, and legal dimensions of the land, emphasizing its communal and spiritual significance. Findings reveal that Indonesia’s formal legal framework, grounded in individual ownership and state-centric policies, often overlooks indigenous rights, causing unresolved conflicts and cultural disenfranchisement. The research proposes a hybrid dispute resolution model integrating customary practices with state recognition, including specialized customary land tribunals and mandatory consultation processes. This model seeks to bridge the gap between formal and customary laws, promoting equitable dispute resolution and safeguarding the cultural heritage of Papua’s indigenous communities. Recommendations aim to enhance legal recognition and foster sustainable land management in Papua.
Interfaith Marriages in Brambaken Village: Legal Ambiguities and Sociocultural Dynamics in Biak Numfor Regency Wutwensa, Bruri Marwano
Jurnal Ilmu Hukum Kyadiren Vol 5 No 1 (2023): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v5i1.216

Abstract

This research examines interfaith marriages in Indonesia, with a specific focus on Brambaken Village, Samofa District, Biak Numfor Regency. Marriage is regarded as a sacred bond that must adhere to the religious laws of each party, as stipulated in Article 2, paragraph (1) of Law No. 16 of 2019, in conjunction with Law No. 1 of 1974 concerning Marriage. Despite this, interfaith marriages continue to occur in society, even though they are not explicitly regulated by this law, leading to legal uncertainty. The objective of this research is to assess the validity of interfaith marriages under current legal frameworks and to identify the factors that contribute to the prevalence of interfaith marriages in the Biak Numfor Regency. Employing an empirical juridical approach, this study utilizes primary data from interviews and secondary data from literature reviews. The findings indicate that interfaith marriages persist as a social phenomenon despite legal ambiguity, driven by complex social and cultural factors such as the dominance of syncretic cultural practices, secularism, religious formalism, disproportionate tolerance, and the presence of premarital children.
A Hybrid Model for Resolving Customary Land Disputes in Papua’s Indigenous Communities Lobubun, Muslim; Rato, Dominikus; Anggono, Bayu Dwi; Wutwensa, Bruri Marwano
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.231

Abstract

This study examines customary land disputes among indigenous communities in Papua, focusing on the alignment of existing legal mechanisms with the justice values held by these communities. Employing a normative legal approach and socio-legal analysis, this research explores the philosophical, cultural, and legal dimensions of the land, emphasizing its communal and spiritual significance. Findings reveal that Indonesia’s formal legal framework, grounded in individual ownership and state-centric policies, often overlooks indigenous rights, causing unresolved conflicts and cultural disenfranchisement. The research proposes a hybrid dispute resolution model integrating customary practices with state recognition, including specialized customary land tribunals and mandatory consultation processes. This model seeks to bridge the gap between formal and customary laws, promoting equitable dispute resolution and safeguarding the cultural heritage of Papua’s indigenous communities. Recommendations aim to enhance legal recognition and foster sustainable land management in Papua.
Cultural-Based Dispute Resolution in the Kankain Karkara Mananwir System of the Byak Community in Papua Wutwensa, Bruri Marwano; Lembang, Nisrawanty
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5258

Abstract

This study aims to examine the culturally based dispute resolution system known as Kankain Karkara, administered by the Mananwir customary institution within the Byak community in Biak, Papua, and to analyze its role in restoring social harmony amid the coexistence of formal and customary legal systems, including in disputes involving migrants. This study uses a legal anthropology approach through participant observation and in-depth interviews with customary authorities and community members, both indigenous residents and migrants. The analysis is grounded in the framework of legal pluralism and the concept of semi-autonomous social fields to examine the relationship between state law and customary law in dispute resolution practices. The novelty of this research lies in the finding that the Kankain Karkara system is not confined to homogeneous customary communities but operates as an inclusive and restorative mechanism capable of integrating migrants as subjects of dispute resolution through reconciliation processes based on local values. In addition, this study identifies the phenomenon of post-adjudication, in which disputes that have been formally decided by state courts continue to be processed through customary forums to achieve social certainty and the restoration of inter-family relations. Findings show that the Kankain Karkara system operates through a tiered and restorative mechanism involving two levels of customary authority: Mananwir Keret, which addresses intra-clan disputes based on reputational–ethical authority, and Mananwir MNU, which functions as a mediator for inter-community and cross-identity disputes through structural–genealogical authority. This study concludes that the coexistence of formal and customary justice systems Biak does not represent a jurisdictional conflict but rather a form of complementary functional differentiation, in which state courts provide procedural certainty, while Kankain Karkara delivers substantive justice through reconciliation and the restoration of social order.
Co-Authors Bayu Dwi Anggono Dominikus Rato Lembang, Nisrawanty Muslim Lobubun