Jayapura, Jubi – A draft regional regulation (raperda) on “law within society” proposed to the Regional Regulation Formation Body (Bapemperda DPR) of the Central Papua is expected to serve as a bridge in harmonizing customary values with state law, in order to achieve sustainable justice and social harmony.
The proposal is one of five draft regulations submitted by John NR Gobai for inclusion in this year’s Regional Regulation Formation Program (Propemperda).
Gobai stated that customary law is an inseparable part of Indonesia’s pluralistic social structure. As a living law, its existence is not always codified in formal legal texts, yet it remains widely practiced and upheld in everyday life.
Although unwritten and not always formally codified, customary law holds strong authority within the collective consciousness of communities.
It regulates social relations, resolves disputes, and maintains harmony. However, challenges persist in its implementation.
One major issue, Gobai noted, is the imposition of excessively high customary fines in criminal cases, which are often viewed as inhumane.
“This often creates resentment between community members and triggers new conflicts, giving the impression that disputes are being commercialized and drifting away from the noble values of customary norms. Therefore, clear and fair regulation is needed,” he said.
Philosophically, he explained, indigenous communities in Papua have long had their own legal systems aimed at easing social tensions and maintaining balance. However, these systems require careful filtering—preserving values that remain relevant while discarding those that conflict with principles of justice.
Gobai added that customary legal systems established by traditional leaders in Central Papua have long been in place. Yet, inconsistent and unregulated fines have led to perceptions of injustice and social division.
With the enactment of Government Regulation No. 55 of 2025, the Central Papua DPR and local government are now preparing derivative regulations. The proposed bylaw is expected to provide a long-term solution for structuring a fair and dignified customary legal system.
The concept of living law, he said, emphasizes that the laws truly governing society are those practiced within it, even if they are not formally written. This principle is recognized in Indonesia’s legal framework, including Article 18B(2) of the 1945 Constitution, Article 3 of the Basic Agrarian Law, and Article 5(1) of the Judicial Power Law, as well as broader legal pluralism.
In Papua, recognition of customary courts is explicitly stated in Article 50 of Law No. 21 of 2001, as amended by Law No. 2 of 2021.
“In addition to state courts, customary courts are also recognized within certain indigenous communities. The government has also issued Government Regulation No. 55 of 2025 concerning procedures and criteria for determining laws that live within society, enacted on December 31, 2025,” he said.
Gobai further explained that the regulation outlines key aspects such as the identification of indigenous communities and their territorial boundaries, prohibited acts under customary law, procedures for dispute resolution, and applicable sanctions.
Importantly, Article 11 of Government Regulation No. 55 of 2025 mandates the direct involvement of indigenous communities in the drafting of regional regulations, ensuring that such legal products genuinely reflect local aspirations and wisdom.
From a sociological perspective, Gobai emphasized that law within society represents a form of traditional rights that remain highly influential, functioning as a mechanism for resolving disputes and addressing social tensions.
“Based on these considerations, facts, and strong legal foundations, we are proposing and encouraging the drafting of a regional regulation for Central Papua Province on law within society,” Gobai said.
Discussion about this post