Jakarta – The statement by Agrarian Affairs and Spatial Planning Minister Nusron Wahid that 474,000 hectares of land in South Papua that was released from forest classification as 'state land' and 'uninhabited' shows a mistaken and dangerous viewpoint. This statement appears to be reviving the terra nullius doctrine inherited from European colonialism.

The terra nullius doctrine regards land without permanent inhabitants as 'empty land' that can be legitimately taken by the state or corporations. Thus, it is understandable that dozens of South Papua residents, who are members of the Merauke Solidarity group, staged a protest in front of Nusron Wahid's office on October 7, 2025. Their rejection should be read as a moral warning: the government must not repeat colonial practices that have inflicted prolonged suffering.

In Papua, there are owners and guardians of every square inch of forest, savanna, swamp and lake: indigenous people. Perhaps they do not live on the land, but it is their living space – where they hunt, cultivate crops, and preserve the balance of nature. Viewing these customary areas as empty land is a form of denial of the existence of indigenous communities in the map of state policy.

In reality, the government has been far quicker to release forests for commercial interests than to recognize customary ones. Since 2016, the government has redesignated 156 customary forests covering a total of 332,000 hectares despite the fact that according to the Customary Territory Registration Agency, there are 33.6 million hectares of customary areas in Indonesia, including 14.8 million hectares in Papua. Of this area, only seven customary forests in Papua have been recognized by the state, and these cover only 39,000 hectares – less than 0.3 percent of the total customary territories.

Conversely, through Forestry Ministry Decree No. 591/2025 alone, the government rapidly changed the function of 486,000 hectares of forest into non-forest: 334,000 hectares of this in Merauke. The food estate project in Merauke, which is believed to be linked to the interests of tycoons and the military, is a symbol of forest clearance without consent from affected indigenous communities.

Every project that has an impact on customary areas is obliged to follow the Free, Prior and Informed Consent (FPIC) mechanism as laid down in a number of international conventions. FPIC emphasizes that indigenous community must not come under pressure, consent is needed before permits are issued, decisions are taken after complete information has been provided, and the collective decision of customary people – including the right of refusal – must be respected.

The FPIC principles are not simply an administrative formality, but a demonstration of respect for the authority of indigenous people over their areas. Therefore, Indonesia needs to immediately adopt FPIC as a legal and ethical standard for development in customary areas. And the mechanism should also be integrated within the forestry, environmental, and agrarian permit system. Any forest release process without a participative and fair process must be halted.

Recognition of customary forests is not a gift from the nation, but a fulfillment of constitutional rights and a form of restorative justice for the long history of seizures of customary land. The relationship between the state and indigenous peoples needs to change from domination to respect. Therefore, government officials must abandon the colonial viewpoint that sees customary forests as 'empty land.'

– Read the Complete Story in Tempo English Magazine

Source: https://en.tempo.co/read/2057376/stop-the-empty-land-politics-in-papu