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Bylaws needed to resolve legal cases

Puncak regency in Papua is aiming to issue local ordinances to resolve legal cases, especially criminal cases that have thus far been settled according to customary law

Nethy Dharma Somba (The Jakarta Post)
Jayapura
Fri, May 10, 2013 Published on May. 10, 2013 Published on 2013-05-10T08:20:03+07:00

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P

uncak regency in Papua is aiming to issue local ordinances to resolve legal cases, especially criminal cases that have thus far been settled according to customary law.

'We will issue local bylaws to strengthen the enforcement of national law in Puncak regency, especially in resolving criminal cases,' Puncak Regent Willem Wandik said in Jayapura, after opening a plenary session to discuss the proposed regency budget for 2013.

Wandik added that customary settlements with the paying of compensation to victims of crimes was burdensome on the regency administration and did not have a deterrent effect.

'In criminal cases, especially murder, and others including adultery, victims would always demand compensation from the regency administration. After customary settlements are reached, such cases continue to take place due to the lack of a deterrent,' he said.

The biggest case in which the regency administration was forced to pay out a significant amount of funds was in the aftermath of a deadly clash between rival supporters of regency candidates in Puncak, which claimed the lives of 49 people in 2011.

 'Forty-nine people were killed in the clash and the regency administration had to disburse Rp 17 billion (US$1.7 million) in compensation to the families of those killed and injured. The family of someone killed was paid Rp 300 million, while those injured were compensated according to their medical expenses,' said Puncak secretary Ricky Ambrauw.

One bylaw currently being drafted is the result of a high-level conference between religious and traditional leaders, and the Puncak regency administration in 2010.

'The bylaw being drafted now focuses on resolving criminal cases with the legal code so as to strengthen police action.

'The people claim they have customary law and have no need of written law, but if a criminal is forced to serve a prison sentence, I believe others will think long and hard before committing a similar crime. This is what I mean as a deterrent effect,' Ambrauw said.

Puncak Legislative Council speaker Elvis Tabuni voiced a similar opinion. 'The people are unaware of the national law, so they tend to resolve cases via customary law rather than through due process,' Tabuni said.

Wandik and Refinus Telenggen were installed as regent and deputy regent of Puncak for the 2013-2018 period by Papua Governor Lukas Enembe on April 26. They are the first definitive leaders of Puncak since the regency gained autonomy status from Puncak Jaya regency in 2008.

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