The Form of Legal Protection of Indigenous Peoples under Justice Communal Rights in Mining Sector in Papua

Abstract

Relationship between the indigenous people and the land is very closely. The relationship is not only because of community customary law requires the land as a source of their livelihood,  but also they think that the land has values go beyond economic value. Papua is a region that is very rich in natural resources, especially when viewed from its economic value. However,  the abundance of natural resources does not seem to be a blessing for the people of Papua. Article 2 of the Minister of Internal Affairs Decree No. 52 of 2014 on guidelines for the recognition and protection of Indigenous People explains that the governors and/or regents / mayors perform recognition and protection  of the indigenous peoples. Article 4 then mentions that the recognition and protection as referred to in Article 2 shall be made through the following phases: (a) Identification of the Indigenous People; (b) Verification and validation of the Indigenous People; and (c) Determination of the Indigenous Peoples. the collected land data can be developed as an information system and integrated land management that includes a database of land tenure throughout Papua, both land owned by the local government, investors, and local communities. Textual and spatial data can be linked to e-government, e-commerce and e-payment, which can attract investors.

Keywords: Legal Protection, Justice Comunnal Rights, Mining Sector.