understanding the nebis in idem principle on customary court in papuaaccording to the law no. 21 of 2001

The aim of this research is to understanding how nebis in idem as it is referred on article 51 ofthe law of special autonomy for papua province and what is the obstacle faced by the law enforcer;police, prosecutor, and judge in implementing article 51 of the law of special autonomy for papuaprovince. it is confirmed on the article 50 paragraph 2, beside the judicial power as stated on theparagraph (1), it is recognized a customary court in certain indigenous people. customary court is not anew thing in papua province. because apart of the acknowledgement of “customary law” and “indigenouspeople” it is stated on the constitution 1945 article 18b paragraph (2) (second amendments) and broadoutlines of state policy 1999 (gbhn 1999) (development in the field of law in other terms namelyunwritten law), factual-empirically this customary court institution is maintained in the realm ofindigenous people in every papua province. the recognition of customary court is giving a new nuance inlaw enforcement in indonesia and especially in papua. the new nuance that is expected is that there isnow conviction twice for the same case. in the event that a case has been resolved in a customary law, itis no longer continued or retried on a general court or district court. thus, with the principle of nebis inidem can also be applied in a customary court.