KONFLIK HAK ULAYAT MASYARAKAT HUKUM ADAT MANDACAN DENGAN PT.PERTAMINA PERSERO (STUDI PUTUSAN NOMOR 23/Pdt.G/2021/PNMnk.)

WIRYO EDWIN AUPARAI, 20293477 (2024) KONFLIK HAK ULAYAT MASYARAKAT HUKUM ADAT MANDACAN DENGAN PT.PERTAMINA PERSERO (STUDI PUTUSAN NOMOR 23/Pdt.G/2021/PNMnk.). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

The land dispute case between PT Pertamina (Persero) and indigenous communities in West Papua is a real example of the complexity of customary rights issues in Indonesia. This dispute involves five plots of land covering an area of 56,697 square meters that Pertamina has controlled for 41 years for the construction of a depot and office. The Manokwari District Court Decision Number 23/Pdt.G/2021/PN Mnk.8 has won the indigenous community and required Pertamina to pay compensation for customary rights of IDR 404 billion. However, Pertamina chose to file an appeal to PT Jayapura which was later rejected. The legal efforts continued to the Supreme Court through the cassation process. The indigenous community insisted that Pertamina had occupied their land without valid consent and demanded that the court decision be implemented immediately. The granting of authority to companies to manage customary land by the government often triggers conflict and a sense of injustice for indigenous peoples in West Papua. Customary rights, which should be the foundation of the welfare of indigenous peoples, are threatened by intervention from outside parties. This has become a serious “scourge” for the survival and culture of indigenous peoples. In West Papua, Customary Rights have a central role in resolving land disputes, even exceeding positive law. However, the resolution process often does not involve a humanistic approach that sides with indigenous peoples. The government as the main stakeholder is required to be more proactive in protecting the rights of indigenous peoples and ensuring sustainable and equitable development. Keywords : Customary Rights Conflict

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