Home ยป Special Autonomy for Papua Also Regulates the Protection of Customary Land Rights of Papua

Special Autonomy for Papua Also Regulates the Protection of Customary Land Rights of Papua

by Senaman
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Papua has abundant resources, especially natural resources, so the special autonomy carried out by Papua is considered very appropriate. Autonomy of Indigenous Papuans is one of the goals to be achieved. The central government fully trusts the Papuan people to work and utilize what they have. Including natural resources such as land rich in plants. Papua itself has its own rules regarding the land where these tribes live. There are rules regarding territorial integrity called customary law. Special autonomy supports the implementation and protection of traditional rights to customary land.

Traditional rights are the highest rights to land belonging to a legal community, which guarantee the orderly use of land. The community has the right to manage the land, its implementation is controlled by the tribal chief. Traditional rights are rights that cannot be separated from individual agency in traditional legal communities who have the authority/authority to control and lead groups through internal and external authority.

In Papuan customary law, customary or ulayat rights are customary land ownership rights based on a tribe or combination of tribes. In the case of collective clan ownership, the tribal chief as the eldest son of the clan founder has the right to control the use of the land, and this power can be inherited.

The typical territory of these tribes is very extensive and lasts for several days. After crossing this area, we found no settlements or humans. However, Papuan tribes recognize the existence of traditional rights boundaries such as large trees, mountains, rivers, swamps, large rocks, etc. Therefore, the assumption that the area is uninhabited is wrong. Papuan customary law regulates ownership of land, forests, mountains and everything in them. For the Papuan people themselves, land has a very important meaning. Not only does it have economic value but also religious value. The philosophical view of the Papuan people is that the earth is their “mother” so everything that is needed must be preserved.

Law (UU) Number 21 of 2001 concerning Special Autonomy for Papua (Otsus Papua) also supports the enforcement of customary rights in customary law in Papua. Starting from Article 1 Letter S which discusses customary rights as the rights of the Association belonging to customary law communities in Papua to certain areas in the community’s living environment which includes full rights to use forests, water and land including all their contents based on applicable laws. Another article that confirms Special Autonomy’s support for customary rights in Papua is Article 38 paragraph 2 which discusses how the use of natural resources to support economic efforts in Papua is carried out with the obligation to give respect to local indigenous communities, sustainable development, and ensure legal guarantees for entrepreneurs.

The use of customary land that is linked to customary rights is fully supported by the government with special autonomy to guarantee legitimacy so that everyone feels protected by the law. Local residents who have lived on agricultural land for a long time also feel safe because their protected agricultural land has not been taken over by other parties. Ethical landowning communities must also ensure sustainable development that maximizes the welfare of indigenous communities themselves.

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