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All Journal 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.
Co-Authors Bayu Dwi Anggono Dominikus Rato Muslim Lobubun