Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights

Wamafma Wamafma; Enny Martha Sasea; Enni Ekakusumawati; Muhammad Mutawalli Mukhlis

doi:10.47268/pamali.v5i3.3453

Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights

Wamafma Wamafma⁽¹⁾, Enny Martha Sasea⁽²⁾, Enni Ekakusumawati⁽³⁾, Muhammad Mutawalli Mukhlis⁽⁴⁾

(1) Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari, Indonesia
(2) Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari, Indonesia
(3) Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari, Indonesia
(4) Sekolah Tinggi Agama Islam Negeri Majene, Majene, Indonesia

Corresponding Author

Abstract

Introduction: Investment in Papua is a strategic instrument for promoting regional development and improving community welfare. However, in practice, it often causes tension between regulatory certainty for investors and the protection of indigenous peoples' rights to land and natural resources.

Purposes of the Research: This study aims to analyze the legal framework for investment in Papua, identify normative conflicts that arise between national regulations and the recognition of indigenous peoples' customary rights, and evaluate the effectiveness of existing legal instruments in ensuring legal certainty and social justice.

Methods of the Research: The method used is normative legal research with legislative, conceptual, and case-based approaches.

Results Main Findings of the Research: The results show that although national investment regulations have guaranteed legal certainty, their implementation in Papua still faces obstacles in the form of overlapping norms and weak implementation of indigenous peoples' rights protection. Therefore, harmonization of investment regulations with customary law is needed through an inclusive and justice-based approach, so that the interests of development and the protection of indigenous peoples can be balanced.

Keywords

Investment; Customary Law; Legal Certainty; Indigenous Peoples

DOI

10.47268/pamali.v5i3.3453

Published

2025-12-16

How To Cite

APA: Wamafma, W., Sasea, E.M., Ekakusumawati, E., & Mukhlis, M.M. (2025). Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights. PAMALI: Pattimura Magister Law Review, 5(3), 574-584. DOI: https://doi.org/10.47268/pamali.v5i3.3453.

IEEE: W. Wamafma, E.M. Sasea, E. Ekakusumawati, and M.M. Mukhlis, "Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights", Pamali Pattimura Magister Law Rev., vol. 5, no. 3, pp. 574-584, Dec. 2025. Accessed on: Jan. 6, 2026. [Online]. Available DOI: https://doi.org/10.47268/pamali.v5i3.3453

Harvard: Wamafma, W., Sasea, E.M., Ekakusumawati, E., and Mukhlis, M.M., (2025). "Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights". PAMALI: Pattimura Magister Law Review, Volume 5(3), pp. 574-584. [Online]. Available DOI: https://doi.org/10.47268/pamali.v5i3.3453 (Accessed on: 6 January 2026)

Chicago: Wamafma, Wamafma, Enny Martha Sasea, Enni Ekakusumawati, and Muhammad Mutawalli Mukhlis. "Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights." PAMALI: Pattimura Magister Law Review 5, no. 3 (November 19, 2025): 574-584. Accessed January 6, 2026. doi:10.47268/pamali.v5i3.3453

Vancouver: Wamafma W, Sasea EM, Ekakusumawati E, Mukhlis MM. Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights. Pamali Pattimura Magister Law Rev. [Internet]. 2025 Dec 16 [cited 2026 Jan 6];5(3):574-584. Available from: https://doi.org/10.47268/pamali.v5i3.3453

MLA 8th: Wamafma, Wamafma, Enny Martha Sasea, Enni Ekakusumawati, and Muhammad Mutawalli Mukhlis. "Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights." PAMALI: Pattimura Magister Law Review, vol. 5, no. 3, 19 Nov. 2025, pp. 574-584, doi:10.47268/pamali.v5i3.3453. Accessed 6 Jan. 2026.

BibTeX:

@article{pamali3453,
		author = {Wamafma Wamafma and Enny Sasea and Enni Ekakusumawati and Muhammad Mukhlis},
		title = {Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights},
		journal = {PAMALI: Pattimura Magister Law Review},
		volume = {5},
		number = {3},
		year = {2025},
		keywords = {Investment; Customary Law; Legal Certainty; Indigenous Peoples},
		abstract = {Introduction: Investment in Papua is a strategic instrument for promoting regional development and improving community welfare. However, in practice, it often causes tension between regulatory certainty for investors and the protection of indigenous peoples' rights to land and natural resources.Purposes of the Research: This study aims to analyze the legal framework for investment in Papua, identify normative conflicts that arise between national regulations and the recognition of indigenous peoples' customary rights, and evaluate the effectiveness of existing legal instruments in ensuring legal certainty and social justice.Methods of the Research: The method used is normative legal research with legislative, conceptual, and case-based approaches.Results Main Findings of the Research: The results show that although national investment regulations have guaranteed legal certainty, their implementation in Papua still faces obstacles in the form of overlapping norms and weak implementation of indigenous peoples' rights protection. Therefore, harmonization of investment regulations with customary law is needed through an inclusive and justice-based approach, so that the interests of development and the protection of indigenous peoples can be balanced.},
				issn = {2775-5649},		pages = {574--584}			doi = {10.47268/pamali.v5i3.3453},
				url = {https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/3453}
		}

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights

2.	Creator	Author's name, affiliation, country	Wamafma Wamafma; Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari; Indonesia

2.	Creator	Author's name, affiliation, country	Enny Martha Sasea; Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari; Indonesia

2.	Creator	Author's name, affiliation, country	Enni Ekakusumawati; Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari; Indonesia

2.	Creator	Author's name, affiliation, country	Muhammad Mutawalli Mukhlis; Sekolah Tinggi Agama Islam Negeri Majene, Majene; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Investment; Customary Law; Legal Certainty; Indigenous Peoples

4.	Description	Abstract	Introduction: Investment in Papua is a strategic instrument for promoting regional development and improving community welfare. However, in practice, it often causes tension between regulatory certainty for investors and the protection of indigenous peoples' rights to land and natural resources.Purposes of the Research: This study aims to analyze the legal framework for investment in Papua, identify normative conflicts that arise between national regulations and the recognition of indigenous peoples' customary rights, and evaluate the effectiveness of existing legal instruments in ensuring legal certainty and social justice.Methods of the Research: The method used is normative legal research with legislative, conceptual, and case-based approaches.Results Main Findings of the Research: The results show that although national investment regulations have guaranteed legal certainty, their implementation in Papua still faces obstacles in the form of overlapping norms and weak implementation of indigenous peoples' rights protection. Therefore, harmonization of investment regulations with customary law is needed through an inclusive and justice-based approach, so that the interests of development and the protection of indigenous peoples can be balanced.

5.	Publisher	Organizing agency, location	Postgraduate Program in Law, Pattimura University

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2025-12-16

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/3453

10.	Identifier	Digital Object Identifier	10.47268/pamali.v5i3.3453

11.	Source	Title; vol., no. (year)	PAMALI: Pattimura Magister Law Review; Vol 5, No 3 (2025): NOVEMBER

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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