The Implementation of Customary Criminal Sanctions Viewed From a Human Rights Perspective
1Erni Dwita Silambi2A.Pangeran Moenta 3Farida Patittingi 4Nur Azisa

1234Hasanuddin University

Abstract

Recognition of customary courts in Papua is clearly stated in Undang-Undang Number 21 of 2001 concerning Special Autonomy This research focuses on customary criminal sanctions from a human rights perspective which aims to find out what sanctions are given to perpetrators through customary courts and also to find out witnesses of customary crimes from a human rights perspective The type of research used in this study is a combination of normative legal research and empirical legal research where normative research will analyze the rules relating to the imposition of sanctions while empirical will look for data directly in the field then the data is analyzed using qualitative methods then will be presented descriptively The results of this research are customary sanctions given to the perpetrators ranging from the lightest to the most severe, namely paying fines from wati (typical Papua plants),pets, life for life by giving a sister to the victim^s family, land as compensation. and customary sanctions that order several people to kill perpetrators who are deemed to have committed murder by means of suanggi are deemed to violate human rights so that the murderers and the village head are processed through national law.

Keywords: penalty-customary crime-Human rights

Topic: Human Rights