Analisis Hukum Kedudukan Tanah Adat di Papua

The main objective of this study is to determine the legal strength of the status of customary land rights in Papua and how to resolve conflicts that occur in Papua. This study uses normative legal research. The results of this study indicate that customary land in Papua has legal force recognized by various regulations, but in practice there is often confiscation without a legal mechanism due to weak law enforcement and overlapping claims. Conflict resolution is recommended through non-litigation channels such as mediation and customary consultation, with litigation as a last resort. The government needs to strengthen the protection of customary rights, map customary areas, and prioritize a deliberation approach in resolving disputes by forming a special team involving customary law experts, anthropologists, and community leaders to maintain justice for indigenous peoples.

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Publication Details

Journal
Khatulistiwa Jurnal Pendidikan dan Sosial Humaniora
Published
2025-05-09
DOI
https://doi.org/10.55606/khatulistiwa.v5i2.5795
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Analisis Hukum Kedudukan Tanah Adat di Papua

Henry Noch Lumenta, Yoan Barbara Runtunuwu, Absari M. J. Welang
Khatulistiwa Jurnal Pendidikan dan Sosial Humaniora
Legal Studies and Policies
article

Analisis Hukum Kedudukan Tanah Adat di Papua

Henry Noch Lumenta, Yoan Barbara Runtunuwu, Absari M. J. Welang
article en

Abstract

The main objective of this study is to determine the legal strength of the status of customary land rights in Papua and how to resolve conflicts that occur in Papua. This study uses normative legal research. The results of this study indicate that customary land in Papua has legal force recognized by various regulations, but in practice there is often confiscation without a legal mechanism due to weak law enforcement and overlapping claims. Conflict resolution is recommended through non-litigation channels such as mediation and customary consultation, with litigation as a last resort. The government needs to strengthen the protection of customary rights, map customary areas, and prioritize a deliberation approach in resolving disputes by forming a special team involving customary law experts, anthropologists, and community leaders to maintain justice for indigenous peoples.

Khatulistiwa Jurnal Pendidikan dan Sosial HumanioraVol. 5(2)
Manado State University (ID)
Openalex Percentile: Top 84%
Legal Studies and Policies
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