LEGAL PROTECTION FOR CUSTOMARY LAND OF INDIGENOUS PAPUA PEOPLE

Abstract

Papua is one of the provinces in Indonesia that has obtained special autonomy status based on Law Number 21 of 2001 concerning Special Autonomy for the Papuan People The granting of special autonomy is based on the consideration that the Indonesian government system according to the 1945 Constitution recognizes and respects units of regional government that are special or special in nature. Theoretically, the policy of granting special autonomy status to Papua Province will be effective in improving the welfare of the Papuan people. Because with special autonomy, the Papuan government and people have broader authority to regulate and manage their interests according to their own initiative, including regulating the utilization of Papua's natural resources for the prosperity and welfare of the Papuan people. This study is a normative legal research. Papua is a province in Indonesia that has the distinctiveness of indigenous peoples and their customary land rights, which until now continue to fight for recognition from the government. These efforts were responded to by the enactment of Law Number 21 of 2001 concerning Special Autonomy for the Papuan People, along with its amendments. The law is further elaborated through the Ulayat Rights Regional Regulation.

Keywords

• legal study
• protection
• law
• regulation
• papua