In the midst of the frenzy of national politics and an ongoing development agenda, the voices of Papuan indigenous peoples are barely heard. But on July 31, 2025, from Sorong, the echo reappears: loud, courageous, and hopeful. The Public Consultation on the Indigenous Peoples Bill involving seven Papuan customary territories is not just a discussion forum. It is a mirror of the collective hope and resistance that has long been harbored against structural injustice.
Indonesia often exalts the phrase “Bhineka Tunggal Ika” in various official forums, but how often do we really listen to those who preserve that diversity from generation to generation? Papuan indigenous peoples are not only victims of development policies that ignore cultural roots, they are also witnesses to how state law is often present not as a protector, but as a tool of legitimacy for evictions, deprivation of living space, and disappearance.
The fact that until now there has not been a single national law that explicitly recognizes and protects the indigenous peoples of Papua is clear evidence of the state’s failure to fulfill its promise in the constitution. In fact, Article 18B paragraph (2) of the 1945 Constitution expressly states that the state recognizes and respects the unity of customary law communities and their traditional rights.
The Indigenous Peoples Bill under discussion should address this legal vacuum. But judging from the circulating text and the input submitted in the public consultation in Sorong, we should be concerned that this bill risks perpetuating a narrow normative approach. Instead of guaranteeing comprehensive protection of land, forests, cultures, and indigenous economic systems, the draft highlights only administrative and legal aspects.
We must not forget that the indigenous peoples of Papua have long guarded their lands and forests with unparalleled local wisdom. They coexist with nature, understand the cycles of the seasons, respect the spirits of their ancestors, and make nature a part of their identity. When the state and corporations come up with the flag of development and investment, their living space begins to narrow. Unfortunately, they are never truly engaged, let alone protected.
Even more ironically, in some parts of the Bill, indigenous peoples are not even recognized as owners of natural resource capital. They are positioned as beneficiaries, not as rightful owners who should have full rights to determine the fate of their land. If this is left unchecked, then this Bill is not a bridge of justice, but a new hole in a system that has been hurting so far.
Another concern that should be observed is the potential overlap between the Indigenous Peoples Bill and the Papua Special Autonomy Law. The state must be aware that the Special Autonomy Law is lex specialis. Therefore, the harmonization of these two legal instruments is a necessity, not an option. Without it, what happens is legal fragmentation that will only complicate the recognition of customary rights on the ground.
The declaration of the seven indigenous Papuan territories in this forum should serve as a stark warning to policymakers in Jakarta. Papuan indigenous peoples have made it very clear: they demand the passage of an impartial, comprehensive, and contextual Indigenous Peoples Bill.
It is not a copy-paste legal product that was born from a multi-storey building without touching the sacred lands that have been inherited by their ancestors. “Indigenous peoples’ land is not only for humans, but for all living things in the territory,” said one of the statements in the declaration.
The ratification of the Indigenous Peoples Bill is not just a legislative agenda. It is a test of the state’s alignment with the principles of social justice. It is a correction to the long history of marginalization. It is a rare opportunity for the state to truly fulfill its constitutional promises.
From Sorong, the voice has been delivered. Now, it is the state’s turn to answer. Will the state continue to stand as a force that muffles the voices from the periphery? Or will it be present as a home that respects all its inhabitants, including those who first opened and guarded the doors of civilization in this land?
If Papua is still considered part of Indonesia, then its indigenous peoples should have a proper place, not only in the narrative, but in real policies. Because without recognition of indigenous peoples, we are building this country on a fragile foundation.
Disclaimer: This article was written in Indonesia and has been translated by Google Translate. In case of dispute or discrepancy, the original language of the article should prevail.
