Legal Policy of Customary Right Protection: A Case Study in Border Area of Southern Papua

Abstract

The recognition of State for the indigenous rights in the constitution as well as in the implementing regulations, but the land conflict between the state with the customary law communities is still common. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Land problems in Papua have led to physical violence everywhere between indigenous Papuans and the government and indigenous Papuans with non-Papuans. The type of research is a legal-normative research. The outcomes of the research indicate that the legal policy for the customary right protection of indigenous people in the border area of southern Papua by the creation of new legal regulations in order to encourage the fulfillment of the indigenous peoples’ right in the border areas. Currently, the national legal system has not been able to accommodate the existence of customary rights of indigenous peoples, especially in the border areas.

Keywords: Customary Right, Indigenous Peoples, Legal Policy, Special Autonomy