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All Journal LEGAL BRIEF
Hammar, Roberth K.R.
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Law, Crime, Criminology & Criminal Justice

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Victimology Aspects from the Perspective of Legal Protection of Children As Victims of Criminal Acts of Intercourse Ayorbaba, Gracetin Yosepina; Hammar, Roberth K.R.; Silubun, Siria
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1488

Abstract

This article examines the application of victimology in the legal protection of children as victims of sexual intercourse crimes in Indonesia. Using a normative juridical method complemented by conceptual and case approaches, it analyses child protection laws, the Juvenile Criminal Justice System Law, the Criminal Code, and selected court decisions, particularly from Papua and Maluku. The study explores how victims are positioned within the criminal justice process, whether as mere objects of evidence or as rights-bearing subjects entitled to protection, recovery, and restitution. The findings show that, although the legal framework formally recognizes preventive and repressive protection, implementation remains fragmented: trauma-informed procedures, child-friendly examinations, psychological support, and restitution orders are often absent or inconsistent. As a result, child victims frequently experience revictimization and unresolved psychological and social harm. Drawing on modern victimology and restorative justice theory, the article argues for a victim-centred juvenile justice paradigm that integrates preventive safeguards, comprehensive rehabilitation, and effective coordination among law-enforcement, child-protection agencies, and support institutions. Strengthening these elements is essential to realizing a truly child-friendly justice system and fulfilling the state’s constitutional mandate to protect children from sexual violence
Authority of Traditional Leadership in Natural Resource Management in the Meyah Tribe of Manokwari Mandacan, Noris; Hammar, Roberth K.R.; Labobar, Filex M.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1491

Abstract

This study examines the leadership structure and authority of the Meyah customary law community in managing natural resources in Manokwari Regency, West Papua. Using a qualitative approach using legal ethnography methods combined with an empirical juridical model, this study highlights how living customary law serves as the primary foundation for maintaining the ecological, spiritual, and social balance of the community. The findings indicate that tribal chiefs and customary councils play a central role in establishing customary rules related to the management of customary lands, customary forests, rivers, and sacred areas, based on the values ??of deliberation and respect for ancestors. However, this authority faces serious challenges, such as the dominance of state law based on formal documents, overlapping customary territories with investment permits, and weak recognition of customary institutions in public policy. This article concludes that strengthening customary authority requires structural and legal strategies, such as the issuance of Perdasus, participatory mapping of customary territories, community legal literacy, and strengthening the political representation of indigenous communities. It is crucial as part of protecting constitutional rights and preserving local wisdom-based natural resource governance
The Process of Resolving Criminal Acts of Taking Human Life Based on Hatam Tribe Customs in Manokwari Saiba, Paulinus; Hammar, Roberth K.R.; Hammar, Imanuel I.R.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1512

Abstract

This study analyzes the process of resolving criminal acts of taking human life based on the customary law of the Hatam tribe in Manokwari, employing a normative juridical and socio-legal approach. As a living law sustained through collective legal consciousness, Hatam customary law prioritizes harmony, ancestral values, and restorative justice over retribution. The findings show that the Hatam community classifies the taking of life as a severe violation that disrupts cosmic balance, requiring settlement through customary institutions led by hereditary leaders. Customary sanctions ranging from material fines to ritual purification—aim to restore relationships between families and prevent inter-clan conflict. Through a socio-legal lens, this study demonstrates how customary mechanisms operate in parallel with national criminal law, offering a culturally rooted model of dispute resolution that often proves more effective in achieving lasting peace than formal punitive processes. However, challenges remain in harmonizing customary sanctions with positive law. The study argues for greater formal recognition of customary dispute-resolution mechanisms through regional regulations to strengthen culturally responsive, restorative justice practices within Indonesia’s pluralistic legal system.
Co-Authors Ayorbaba, Gracetin Yosepina Hammar, Imanuel I.R. Labobar, Filex M. Mandacan, Noris Saiba, Paulinus Silubun, Siria