Administrative law and customary law in Papua New Guinea

2018 ◽  
Vol 18 (2) ◽  
pp. 123-142
Author(s):  
Jennifer Corrin
2020 ◽  
Vol 3 (1) ◽  
pp. 36-48
Author(s):  
Samingun Samingun ◽  
Julianto Jover Jotam Kalalo

The state of Indonesia is a state of law, everything is regulated by law. The Indonesian territory from Sabang to Merauke has borders with other foreign countries. The West is bordered by other countries even though it is separated from the sea, in the north it is directly adjacent to the mainland area with Malaysia, in the south it borders on land with Timor Leste and in the eastern part it is directly adjacent to Papua New Guinea. The entire area bordering either directly or indirectly is regulated by immigration law. Immigration law regulations have been well regulated, starting from the highest regulations to the lowest regulations in their respective regions. In this case, in the border area of ​​Merauke district, which is directly adjacent to Papua New Guinea, there are immigration law regulations that are used based on positive Indonesian law, in this case laws and there are also customary laws from the local community. The occurrence of legal pluralism in the land border area of ​​Merauke district is due to the existence of customary law that is still thick in the lives of the people in this border area, resulting in an immigration law regulation that must conform to the policies of local indigenous peoples who always cross borders from Indonesia to Papua New Guinea or vice versa, known as the designation of traditional border crossers.


Sociologus ◽  
2019 ◽  
Vol 69 (2) ◽  
pp. 127-145
Author(s):  
Michael Goddard

Abstract Descent dogmas have become visible in recent years among Melanesian societies affected by large-scale natural resource extraction, but it should not be assumed that they are all immediate responses by landowners attempting to restrict access to royalties or other monetary benefits. This article traces the development of a patrilineal descent dogma among the Motu-Koita, whose traditional territory includes Port Moresby, the capital city of Papua New Guinea, and who were arguably non-unilineal when colonized in the late nineteenth century. I describe the generation of a ‘patrilineal’ descent rule through their experience of early colonial land purchases, early anthropological kinship models, colonial land courts, efforts by State legal agencies to recognise ‘customary law’, and accelerating land loss since the late colonial period. The historical process has been marked by an attenuation of the traditional flexibility and negotiability of Motu-Koita land use and inheritance, a diminution of their ‘moral economy’, and contemporary tensions generated by the rise of individualist interpretations of patrilineal descent.


Author(s):  
Donald Denoon ◽  
Kathleen Dugan ◽  
Leslie Marshall

1984 ◽  
Vol 29 (10) ◽  
pp. 786-788
Author(s):  
Patricia M. Greenfield

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