Jayapura, Jubi – Two Indigenous witnesses told the Jayapura Administrative Court (PTUN) on Wednesday that construction of a 135-kilometre road through their customary land in Merauke, South Papua, began without consultation or the consent of traditional landowners.

The testimony was heard during a court session reviewing a lawsuit challenging a decree issued by the Merauke regent approving the environmental feasibility of the road project.

The hearing was presided over by Chief Judge Merna Cinthia, with judges Irfan Amos Sampe and Adjadam Riyange Zulfachmi.

The lawsuit was filed by five representatives of the Malind Indigenous community against Merauke Regent Decree No. 100.3.3.2/1105/2025, which declares the 135-kilometre access road environmentally feasible. The road forms part of the Defence Ministry's national food security project.

The case was registered with the Jayapura Administrative Court on March 5 under case number 9/G/LH/2026/PTUN Jayapura.

The first witness, Esau, told the court the road passes through customary land in Ilwayab District that belongs to his clan.

He said the clearing of customary forest had destroyed the community's primary source of livelihood, including forests, wildlife and other natural resources.

"The community was never invited to any consultation before the project began. Even though we objected, the construction continued," Esau told the court.

Esau also disputed claims made during the proceedings that certain individuals, including a village secretary, represented customary landowners. He said those individuals came from other villages and held no customary rights over the affected land.

He said the Indigenous Community Institution (LMA) was not the holder of customary land rights and had no authority to sell customary land.

"The LMA exists to represent the aspirations of Indigenous communities, not to sell land belonging to another clan," he said.

Esau further testified that the removal of a red cross – a customary marker prohibiting access to the area – by the head of the LMA had been carried out without the consent of customary landowners and violated customary law.

He also said the government had never presented maps of the planned road, details of the land required, planning documents or environmental impact studies to the affected communities.

According to Esau, no project signboards were installed, leaving residents to learn about the development only through media reports.

"At the beginning, there was no map and no project sign. We had no information at all," he said.

Esau said the project's most significant impact had been the loss of forests, food sources and areas with cultural and spiritual significance.

He also said the environment had changed dramatically, with cooler forest conditions replaced by hotter temperatures, dust and declining water quality following land clearing.

He added that local communities had never been informed how the cleared land would be used or who would manage it.

"That is why the community continues to reject this project, because it was carried out without the permission or consultation of customary landowners," he said.

The second witness, Hariston, testified that contractors entered the area in August 2024 without seeking permission or engaging with Indigenous landowners.

He said there had been no communication or public consultation before construction began.

"They came with a full military presence and heavy equipment. They cleared the land without our permission as its owners. That is why we have continued to oppose the project, but construction has gone ahead despite our objections," Hariston said.

Hariston told the court he was appearing as a clan leader, a customary landowner and a resident directly affected by the project.

He said he opposed the development because it threatened the only ancestral land his clan still possessed.

According to Hariston, boundary markers installed by the project had at one point been removed, but no further dialogue or communication followed between the government and Indigenous communities.

He also said he had no knowledge of allegations that around Rp2 billion had been paid to certain parties in connection with the National Strategic Project (PSN).

Hariston testified that Indigenous communities had never been involved in consultations or discussions about the project since 2024.

He added that even if consultations had taken place before construction began, he would still have opposed the project because it involved not only the road but also the clearing of land for rice cultivation.

Initially, he said, communities believed the project was limited to road construction and rice fields. Later, they learned it also included a jetty and other supporting infrastructure that had never been disclosed.

"Wetlands that used to remain flooded have become much drier since the construction began. We continue to reject this project and demand that all work be stopped," Hariston said.

Source: https://en.jubi.id/witnesses-tell-merauke-road-project-hearing-they-were-never-consulted