1. Differences Between Customary Law and Positive Law
Customary law is rooted in communal values, emphasizing balance, deliberation, and the restoration of relationships. In contrast, positive law is more individualistic, formal, and focused on sanctions. The problem lies in law enforcers who often fail to understand or respect customary law, leading to public distrust toward the state's legal system.
2. Strengthening Communal Rights and Economic Development
The government must seriously recognize and protect communal rights to ensure legal certainty over Indigenous lands. Economic development should be based on local potential---such as agriculture, fisheries, and tourism---while actively involving OAP through training and appropriate financial support.
3. National Dialogue
A national dialogue facilitated by neutral parties is needed, involving government representatives, traditional leaders, religious figures, academics, OAP, and civil society. Through a safe and open dialogue, fair and sustainable solutions may be achieved.
Conclusion
The interview highlights that Papua's challenges cannot be separated from the tension between customary and positive law. Customary law, which emphasizes dialogue and reconciliation, is often disregarded by law enforcement, leading to distrust toward the formal legal system.
In terms of development, strengthening communal land rights and Indigenous collective values should be prioritized. Economic development must be based on local potential and involve OAP through training and suitable financial support.
Ultimately, a comprehensive solution demands an inclusive and neutral national dialogue, involving all relevant stakeholders to build a fair, peaceful, and sustainable future for Papua.
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