PERAN HUKUM ADAT BIAK DALAM HAL PEMBAGIAN HARTA BERSAMA PADA KASUS PERCERAIAN

Abstract

The background of this research is based on the high divorce rate in Papua Province and the continued strong use of customary law in resolving household disputes, including the division of property. In Biak society, the division of joint property is based not only on positive legal rules but also on customary norms that are sacred and based on moral values. This research uses a normative and empirical juridical approach, with data collection techniques through in-depth interviews, observation, and documentation studies. The results show that Biak customary law applies a system of dividing property based on who is deemed at fault in the divorce. The dowry has a high symbolic status, and its decision is determined through an extended family deliberation called "buka meja." Customary institutions play a central role as mediators, and the decisions taken have high social legitimacy. This research confirms that the Biak customary legal system not only maintains social order but also reflects a form of restorative justice. The integration of customary law into the national legal system is crucial to create justice that is more contextual and rooted in local culture.