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Papua Law Review
Published by Universitas Pendidikan Muhammadiyah Sorong
ISSN : -     EISSN : 3163978X     DOI : -
Core Subject :
Papua Law Review is a scientific journal from the UNIMUDA Sorong Law Study Program that publishes academic works in the field of law and policy relevant to local, national and international contexts, especially related to legal development, human rights justice and local wisdom in the land of Papua. The Papua Law Review publishes journals 2 times in 1 year, namely in July and November
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Articles 5 Documents
 1 
PROTECTION OF CHILD VICTIMS OF SEXUAL VIOLENCE FROM THE PERSPECTIVE OF PAPUAN CUSTOMARY LAW AS AN IMPLEMENTATION OF CONTEMPORARY VICTIMOLOGY PRINCIPLES Salma Daeng Mamase; Siti Salma Kastela
Papua Law Review Vol. 1 No. 1 (2026): Papua Law Review
Publisher : Papua Law Review

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Abstract

Sexual violence against children constitutes a grave violation of human rights with profound and long-lasting consequences for victims' physical, psychological, and social well-being. In Papua, the protection of child victims is shaped not only by the national legal system but also by customary law, which continues to play a significant role in regulating social relations and resolving disputes within Indigenous communities. While Papuan customary law emphasizes reconciliation, communal harmony, and customary compensation, these mechanisms do not always fully guarantee the rights, protection, and recovery of child victims as required under contemporary victimology principles. This study aims to examine the protection of child victims of sexual violence from the perspective of Papuan customary law and to analyze its compatibility with contemporary victimology principles as reflected in Law Number 35 of 2014 concerning Child Protection and Law Number 12 of 2022 concerning Sexual Violence Crimes. Employing normative legal research with statutory, conceptual, and customary law approaches, this study analyzes legal norms governing victim protection and their interaction with customary justice practices in Papua. The findings indicate that although customary law contributes to maintaining social cohesion and restoring community harmony, greater attention is needed to ensure child victims' rights to protection, participation, psychological recovery, restitution, and rehabilitation. The study concludes that integrating contemporary victimology principles into Papuan customary law can strengthen child protection while preserving Indigenous legal values and cultural identity. Such integration requires greater collaboration between customary institutions and state law enforcement agencies to establish a culturally responsive and victim-oriented justice system.
VULNERABILITY OF VICTIMS OF SEXUAL VIOLENCE FROM THE PERSPECTIVE OF NATIONAL LAW AND CUSTOMARY LAW IN PAPUA Erllyn Vilenchia Rumfeka; Rahmat Syahril Ulath
Papua Law Review Vol. 1 No. 1 (2026): Papua Law Review
Publisher : Papua Law Review

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Sexual violence remains a serious concern in Indonesia, particularly in Indigenous communities where victims often encounter legal, cultural, and social barriers to accessing justice. In Papua, customary values and community-based dispute resolution mechanisms continue to play an important role in responding to criminal acts, including sexual violence. This study examines the vulnerability of victims from a victimological perspective by exploring the interaction between state law and customary law in fulfilling victims' rights. Employing a normative legal research method, the study analyzes the implementation of Law Number 12 of 2022 on the Crime of Sexual Violence (TPKS Law) in relation to the realities of customary communities in Papua. The findings indicate that although the TPKS Law provides a comprehensive legal framework for victim protection, its implementation remains limited at the local level. Victims continue to experience difficulties in obtaining restitution, access to safe shelters, and long-term psychological recovery due to bureaucratic obstacles, limited institutional capacity, and inadequate coordination between formal legal institutions and customary authorities. In several Indigenous communities, customary dispute resolution may prioritize social harmony and communal reconciliation over victims' rights, potentially limiting access to comprehensive legal protection. This study emphasizes the importance of strengthening collaboration between state institutions and customary leaders to ensure that victim-centered justice is achieved while respecting the cultural values and legal traditions of Indigenous Papuan communities
VICTIM-CENTERED JUSTICE APPROACH IN HANDLING DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF MOI PAPUA CUSTOMARY LAW  Tri Wulandari; Ursula Temongmere
Papua Law Review Vol. 1 No. 1 (2026): Papua Law Review
Publisher : Papua Law Review

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Abstract

Domestic violence (DV) remains one of the most persistent forms of gender-based violence in Indonesia, including among Indigenous communities in Papua, where customary law continues to play a significant role in regulating social relations and resolving family disputes. Within the Moi Indigenous community, domestic violence cases are frequently addressed through customary mechanisms emphasizing reconciliation, restoration of family harmony, and customary compensation rather than formal criminal proceedings. While these practices contribute to maintaining social cohesion and preserving Indigenous values, they may not adequately safeguard victims' rights, participation, safety, and long-term recovery. This study aims to examine the implementation of a victim-centered justice approach in handling domestic violence from the perspective of Moi Papua customary law and to explore its compatibility with Indonesia's legal framework, particularly Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This research employs a normative juridical method using statutory, conceptual, and customary law approaches, supported by relevant legal literature and secondary data. The findings reveal that the customary justice system of the Moi community prioritizes communal harmony and dispute resolution but provides limited attention to victims' psychological recovery, legal protection, restitution, and active participation in decision-making. Consequently, victims may experience secondary victimization when their interests are subordinated to collective reconciliation. The study argues that integrating victim-centered justice principles into the customary justice system can strengthen victim protection without undermining the cultural identity and legal traditions of the Moi community. It recommends strengthening collaboration between customary leaders, law enforcement agencies, and victim support institutions to establish culturally responsive legal mechanisms that balance Indigenous customary values with human rights principles and comprehensive protection for victims of domestic violence
DYNAMICS OF REVICTIMIZATION OF VICTIMS OF SEXUAL VIOLENCE AT THE LAW ENFORCEMENT STAGE: A VICTIMOLOGICAL ANALYSIS Azzahra Dwi Kanaya; Nazwa Sabrina Azzahra
Papua Law Review Vol. 1 No. 1 (2026): Papua Law Review
Publisher : Papua Law Review

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Abstract

This article analyzes the revictimization of sexual violence victims during law enforcement through a victimology perspective. The research uses normative legal methods with a statutory and conceptual approach. The results show that the legal process can lead to further suffering through denial of reports, victim-blaming questions, repetition of statements, disclosure of identities, lack of support, and unsafe encounters with perpetrators. Revictimization occurs when victims are positioned as evidence, rather than as subjects with rights to security, information, participation, and recovery. The success of law enforcement must therefore also be assessed by the system's ability to prevent re-traumatization and maintain the victim's dignity.
EFFECTIVENESS OF LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF VICTIMOLOGY AND HUMAN RIGHTS Ina Maryeli Ginuni; Hiztaful Zahwa Zalita Putri
Papua Law Review Vol. 1 No. 1 (2026): Papua Law Review
Publisher : Papua Law Review

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Abstract

This article analyzes the effectiveness of legal protection for victims of domestic violence (DV) through victimology and human rights perspectives. The research uses normative legal methods with a statutory and conceptual approach. The study shows that the Indonesian legal framework recognizes victims' rights to security, health services, confidentiality, assistance, protection orders, legal aid, and reparation. However, protection is not yet fully effective because domestic violence is still treated as a private matter, victims face economic dependence and pressure to reconcile, inter-institutional services are not yet integrated, and reparation often stops after the criminal process. Effectiveness must be measured by the system's ability to stop violence, prevent secondary victimization, ensure victims' participation, and restore their dignity and independence.

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