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Papua Merdeka (2) - Copy
Indonesian Military Allegedly Intervenes in Customary Land Conflict in Merauke, President Urged to Take Action

MERAUKE - The Legal Aid Institute (LBH) Papua Merauke urges the President of the Republic of Indonesia Prabowo Subianto, to immediately order the Commander of the Indonesian National Armed Forces (TNI) Agus Subianto, to stop the involvement of the Indonesian military in the customary land conflict of the Kamuyend Clan in Nakias Village, Ngguti District, South Papua Province.

​The armed Indonesian military intervention in the civilian space is alleged to have caused deep fear for the customary community owners of the customary land rights in the region.

​"The President of the RI must immediately order the TNI Commander to ensure there is no involvement of the Indonesian military in the Customary Land conflict of the Kamuyend Clan in Merauke, and must respect the Cross Barricade action," stated the Director of LBH Papua Merauke, Teddy Wakum, Friday (29/5/2026).

​The issue began when around 10 TNI members approached the location of the road barricade on Saturday, May 23, 2026. The Indonesian military questioned the action of re-planting the Cross Barricade by the Kamuyend Clan on the 135-kilometer road construction project.

​The construction of the road is assessed to penetrate the customary territory without the consent of the community. In fact, the Kamuyend Clan had installed the prohibition cross since October 8, 2025, as a form of rejection against the company's activities.

​The Kamuyend Clan explained to the TNI members that they reject the National Strategic Project (PSN) on top of their own customary land. This road barricade action has a strong legal basis and is in line with the instructions from the court party. The Chief of the Judicial Panel of the Jayapura State Administrative High Court (PTUN) previously ordered the defendant party to stop all activities in the area of the disputed object as long as there is no legally binding decision.

​The rejection against this road project has been ongoing for a long time and was delivered openly in front of regional officials. The firm stance of the Kamuyend Clan was witnessed directly by the Governor of South Papua, Apollo Safanpo, when conducting a working visit to Nakias Village in 2025. The regional government and the company party are assessed to have been negligent in fulfilling the principle of Free, Prior, and Informed Consent (FPIC) regulated in Law Number 39 of 1999 concerning Human Rights.

​This peaceful action of the Kamuyend Clan is protected by the 1945 Constitution Article 18B paragraph (2) and Law Number 2 of 2021 Article 43. The rights of the community are strengthened by the Constitutional Court (MK) Decision Number 35/PUU-X/2012 which emphasizes that customary forest is not state forest.

​Meanwhile, the involvement of the Indonesian military in securing the investment business project is viewed as violating the professionalism of the TNI, where the TNI is prohibited from doing business according to Article 2 letter d of the TNI Law.

​The presence of the TNI members in the securing of this infrastructure project is assessed to contradict also its main role as an instrument of state defense. Based on Article 5 and Article 6 paragraph (1) letter a of the TNI Law, the military is tasked with countering armed threats from outside and inside the country. Meanwhile, this securing step cannot be categorized as a Military Operation Other Than War (OMSP) because it does not have the prerequisite of an official political policy together with the House of Representatives (DPR).

​LBH Papua Merauke urges Commission I of the DPR RI to evaluate the actions of the Indonesian military that went out of its main tasks.

​Separately, the situation in Nakias Village is still filled with tension due to the presence of the Indonesian military around the customary territory of the civilian community. All parties are now asked to obey the order of the Judicial Panel of the Jayapura PTUN for the sake of keeping the security and public order situation in South Papua remain conducive. (One Papua)

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