The Handling of Violence Against Women Through Biak’s Traditional Legal Procedures

Abstract

This study aims to analyse the handling of violence and women through Biak’s traditional law, whether the sanctions has fulfilled the sense of justice. This research was socio legal research, an interdisciplinary approach between the fields of anthropology and law as an analytical tool in studying various legal issues. The results showed that the severe violence (Sexual violence and murder) is generally resolved through formal legal procedures. However, if socio-cultural factors and close kinship are still held, there are various options for resolving violence, either through formal legal procedures, or traditional legal procedures, or both formal and traditional legal procedures, or stamped statements. This is done to avoid breaking the bond between the two big families and to cover up the family's disgrace. However, the justice of traditional law is questionable nowadays because the tribal chiefs are unfair to make decisions so that the victim feel aggrieved.