The Role of Customary Institutions in Settlement of Customary Land Disputes between Wonatorey and Watopa Clans in Waropen Regency

Abstract

The role of customary institutions is very important in resolving customary land disputes that occur within their customary communities so that these disputes do not need to go to court. The purpose of this study was to determine the role of customary institutions in resolving customary land disputes between the Wonatorey and Watopa clans of Waropen Regency and to find out the factors that impede customary institutions in resolving customary land disputes between the Wonatorey and Watopa clans of Waropen Regency. The method used is empirical juridical, an approach that refers to written regulations or other legal materials that are secondary to see how it is implemented through a field research conducted with sociology and interviews, so that clarity is obtained about what is being studied. The results of the study show that the Customary Institution in resolving customary land disputes between the Wanatorey clan and the Watopa clan is a peace judge in customary trials and also as a customary decision maker in which the parties are bound by the disputed decision and create harmony in the family, where every action as well as the actions of customary institutions must be based on 3 (three) characteristics, namely maintaining the security of people of the same tribe, maintaining peace among people of the same tribe and maintaining the degree of religion and belief. Obstacles that often arise in resolving customary land disputes through customary institutions are internal factors arising from the reluctance of witnesses who do not want to speak, unclear land boundaries, and unclear landowners. In addition, other inhibiting factors are external factors originating from third parties, and from the families of other parties to the dispute and from outside the parties to the dispute.