Criminal Fines and Customary Justice in Papua: Socio-Legal Analysis in Child Sexual Intercourse Cases

Abstract

This study aims to analyze the formulation and application of criminal fines for child sexual intercourse within Papuan Indigenous society. Utilizing a socio-juridical or empirical legal research method, the study examines criminal sanctions, particularly fines, in cases involving child sexual intercourse. Data collected from primary, secondary, and tertiary sources are analyzed qualitatively to draw legal conclusions. The research highlights that customary law, recognized under the 1945 Constitution of Indonesia, plays an essential role in the legal culture of Indigenous communities, including those in Papua. Customary courts, as established by Law Number 21 of 2001 concerning Special Autonomy for Papua Province, are recognized within specific customary law communities. These courts operate based on the respective community's customary law, with provisions allowing for judicial review in formal courts if a party disagrees with the customary Court's ruling. Regarding fines as a criminal sanction, determining the appropriate amount often complicates the resolution of cases. The system is rooted in communal values emphasizing collective rather than individual justice, reflecting principles of kinship, religious beliefs, and societal cohesion in decision-making.