The Existence of the Maybrat Tribe Customary Court in the Middle of Modernization

Abstract

This research describes and examines the problems about how is the existence of the Papuan Maybrat Tribe in the midst of modernization? Second, what are the dynamics that occur in the modern Maybrat Tribe's customary court today? The type of research in this study is empirical research which is a legal research method that uses empirical facts taken from human behaviour, in this case, the behavior of the Maybrat indigenous people in maintaining the existence of the Papua Maybrat customary court in modernization, both verbal behavior obtained from interviews with local traditional leaders and legal apparatus in the Maybrat tribal customary law environment as well as real behaviour carried out through direct observations in the Maybrat tribal customary law environment located in the jurisdiction of the Maybrat Regency, West Papua Province. The pattern of thinking used is deductive. Based on the explanation above, the conclusion drawn from the author is that the indigenous peoples of the Maybrat Tribe, who are in the jurisdiction of the Maybrat Regency, West Papua Province, inevitably must accept the current developments so that indigenous peoples become modernized. The indigenous people of the Maybrat tribe have changed from habitual behaviour to a more modern society so that the applicable customary law also adapts to the times and the problems that occur also change. The legal system that occurs also changes from the customary judicial process to the imposition of sanctions that are applied differently, even though there are some that are still maintained and do not leave the values of local wisdom that have grown and developed within the Maybrat tribal community.