Abstract
The losses resulting from the customary offense are not only concerning the material, but also immaterial loss. This clearly shows that customary criminal law is underpinned by a philosophy of harmony and 'communal morality'. The firmly-rooted public trust, that in the case of customs offenses which resulted in an immaterial loss, have implications on a concrete action of the recovery effort in the form of the implementation of certain rituals. In the view of Waropen indigenous tribes, the settlement of a formal judicial custom, through the mechanism of 'criminal proceedings' has not completely resolved the problem. However, in the domain of law enforcement, the role and contribution of customary law cannot be ignored that law enforcement is harmonization of the values ​​of human behavior to implement the ideas or values ​​in the form of law of 'in concreto' requires judges as law enforcement and justice to explore, follow and understand the legal values ​​that live in the community. Keywords : Offense Sanctions; Waropen Tribe. DOI : 10.7176/JLPG/83-12 Publication date :March 31 st 2019
Highlights
Indigenous peoples are estimated to be more than 370 million people and live in more than 70 countries in the world, in various parts of the region
The indigenous peoples represent more than 4000 different languages from 6700 languages that exist on the face of the earth today
The efforts to resolve disputes leading to peace have long been recognized by the Indonesian people, even those efforts have institutionalize into what is called village justice. This village judiciary existed throughout the archipelago which is called Indonesian territory and its authority has been basically both criminal law and civil law
Summary
Indigenous peoples are estimated to be more than 370 million people and live in more than 70 countries in the world, in various parts of the region. 4 The customary law community in Waropen Regency is part of ± 263 ethnic groups who inhabit the Land of Papua.
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