Special Autonomy and Protection of Customary Land Rights in West Papua: Promise or Illusion?
Year: 2026
Type: article
Abstract: This study examines the application of the principle of special autonomy in the recognition and protection of customary land rights of indigenous communities in West Papua Province and the obstacles to its implementation. Customary rights encompass not only physical land ownership but also the cultural and social values of indigenous communities. A qualitative normative approach was used, using literature studies and analysis of relevant legal documents. The results show that although Law Number 21 of 2001 and its derivative regulations legally recognize customary rights, their implementation is still hampered by conflicts of interest, overlapping claims to customary territories, weak inter-agency coordination, and minimal participation of indigenous communities in decision-making. Conflicts are further complicated by the lack of application of the principle of Free, Prior, and Informed Consent (FPIC) in projects in customary territories. Other obstacles include the limited capacity of customary institutions and social changes that weaken indigenous community solidarity. The study emphasizes the importance of strengthening customary institutions, legal assistance, and synergy between the government, indigenous communities, and stakeholders in developing affirmative policies based on local cultural values. Strategic recommendations include the drafting of Special Regional Regulations (Perdasus) and Provincial Regulations (Perdasi), legal training, and increased cross-institutional coordination to ensure effective and sustainable protection of customary rights in West Papua.
Language: English
Topic: Land Rights and Reforms
Subfield: Soil Science
Domain: Life Sciences
Open Access status: diamond
OpenAlex ID: W7127060504