Redesign of Special Regional Regulations within the Framework of Special Autonomy Based on the Customary Rights of Indigenous Papuans in the Modern Era

DOI

10.2991/978-2-38476-519-5_39How to use a DOI?

Keywords

Redesign; Special Regional Regulations; Papuan Customary Rights in the Modern Era

Abstract

This research, entitled “Redesign of Special Regional Regulations within the Framework of Special Autonomy Based on the Customary Rights of Indigenous Papuans in the Modern Era,” This study aims to thoroughly examine draft special regional regulations within the framework of Special Autonomy to ensure the constitutional and just sustainability of the customary rights of indigenous Papuans. Amidst the dynamics of the modern era marked by globalization, special regional regulations in Papua are often unresponsive to social change. This research method uses A socio-legal method using primary data sources in the form of laws and observations from the media and the field. The analysis was conducted descriptively, analytically, and argumentatively to produce concrete recommendations for drafting a Special Regional Regulation in Papua that is adaptive, participatory, and capable of ensuring the sustainable protection of the rights of Papuan indigenous peoples. The results of the study indicate that: (1), Special Regulations in Papua as an Affirmative Instrument, namely a critical analysis of the weaknesses of normative design, institutions that are not yet solid, and the practice of implementing special regional regulations in Papua which are often not participatory and not strongly binding. (2) so that in the era of globalization, technology-based legal reforms are needed, participation of indigenous Papuan communities, and the principle of sustainability of customary rights amidst the currents of change.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Elias Hence Thesia
AU  - Sunny Ummul Firdaus
AU  - Mulyanto Mulyanto
PY  - 2025
DA  - 2025/12/29
TI  - Redesign of Special Regional Regulations within the Framework of Special Autonomy Based on the Customary Rights of Indigenous Papuans in the Modern Era
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 496
EP  - 503
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_39
DO  - 10.2991/978-2-38476-519-5_39
ID  - Thesia2025
ER  -