“PESTA BABI” DAN DEFORESTASI HUTAN ADAT PAPUA: ANALISIS YURIDIS PERLINDUNGAN HAK ULAYAT MASYARAKAT ADAT DAN PERTANGGUNGJAWABAN PEMERINTAH INDONESIA

Abstract

This study examines deforestation in Papua’s customary forests as a legal issue directly related to the protection of indigenous customary land rights and the legal responsibility of the Indonesian government. The issue gained wider public attention following the viral documentary “Pesta Babi”, which portrays the struggle of indigenous communities in South Papua to defend their ancestral lands from large scale National Strategic Project , Corporate interests and land based industrial expansion. The documentary shows that indigenous Papuans often become victims on their own ancestral lands, especially when forests, seas,and customary territories which form the basis of their identity, are treated merely as objects of development.This research uses a normative -empirical legal method through statutory, case, conceptual and comparative legal approaches. The analysis is conducted qualitatively to examine legal violations concerning customary land rights, environmental rights, cultural rights and indigenous participation rights. The study finds that deforestation in Papua’s customary forests doesn’t only cause ecological damage but also leads to the loss of living space, weakening of local economies, the destruction of local cultural identity and the decline of indigenous communities' trust in the state. Therefore, the government has a legal obligation to prevent , stop, evaluate and restore the destruction of customary forests under Pancasila, UUD 1945 Constitution, The Forestry Law, The Environmental Protection and Management Law, The Basic Agrarian Law, The Law on Prevention and Eradication of Forest Destruction, The Job Creation Law (UU Cipta Kerja) , Constitutional Court Decision Number or Putusan MK No.35/PUU-X/2012