PENYELESAIAN SENGKETA KEKERASAN FISIK OLEH SUAMI TERHADAP ISTRI PADA MASYARAKAT HUKUM ADAT SUKU SERUI DI KOTA SERUI KAB KEP YAPEN PROVINSI PAPUA

Pattipeilohy, Eugene Mara Denov (2023) PENYELESAIAN SENGKETA KEKERASAN FISIK OLEH SUAMI TERHADAP ISTRI PADA MASYARAKAT HUKUM ADAT SUKU SERUI DI KOTA SERUI KAB KEP YAPEN PROVINSI PAPUA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This thesis is entitled "Resolving Physical Violence Disputes by Husbands Against Wives in the Serui Tribe Customary Law Community in Serui City, Kep Yapen Regency, Papua Province". This thesis aims to analyze the mechanism of honest marriage carried out by the Serui custom, Papua, and to analyze how legal protection is for women against acts of domestic violence in honest marriages in Serui, Papua. The type of research used in this research is empirical legal research. The data source is primary data, namely direct interviews with domestic violence victims, Serui traditional leaders and the police. The data analysis technique used is the qualitative method. The results of this research are: Settlement of disputes regarding physical violence committed by husbands against wives in the Serui customary law community in Serui City, Yapen Islands Regency is resolved using customary law. in accordance with the mandate stated in the Papua Special Autonomy Law Number 21 of 2001, namely by prioritizing peace. However, this does not rule out the possibility of traditional judges giving sanctions for the perpetrator's actions, namely by giving fines to be given to victims of domestic violence without bringing them into the realm of litigation. Resolving cases of domestic violence through traditional leaders is a legal protection for victims, because this process is part of fighting for the victims' rights that have been taken away. Where traditional leaders call on the parties to resolve it with a cool head.

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