The legal aid organisation LBH Papua has urged the Regional Military Commander (Pangdam XVII/Cenderawasih), the Biak Numfor Regent and the Papua provincial parliament (DPRP) to implement recommendations by Indonesia's National Human Rights Commission (Komnas HAM) on a customary land dispute at the construction site of the Infantry Battalion TP 858/MSB headquarters in Oridek District, East Biak. LBH Papua calls for all land clearing and construction to stop until the dispute over customary ownership and the status of the area is resolved.
Komnas HAM findings
Komnas HAM issued recommendation letter No. 015/PM.00.00/R-06/IX/2026 on 24 September 2026, following a complaint submitted on 16 March 2026 by LBH Papua as legal counsel for Mr Apolos Sroyer. According to LBH Papua, Komnas HAM concluded that there is a dispute over ownership and control of the land, that the dispute has caused polarisation and violence within the indigenous community, and that it could spread if not resolved quickly. LBH Papua also reports that an alleged assault has been reported to the police.
LBH Papua states that, according to Komnas HAM's review, construction was still under way while the customary hearing process had not produced an agreement accepted by the parties. Komnas HAM also noted that the land is classified as production forest and is not certified. Residents fear damage to soil, forest and water sources, in particular the Kali Ruar water source. LBH Papua and the Papua Law and Human Rights Enforcement Coalition say they have reported alleged violations of spatial planning, forestry and water resources regulations, including the apparent absence of a forest-use permit or forest release.
Customary rights of nine clans
LBH Papua says the land belongs to nine clans that were never directly consulted. It questions how the land could be handed over without involving all rights holders, and says any resolution must include all indigenous groups concerned, both those in favour of and those opposed to the construction, through deliberation. LBH Papua refers to Article 6 of Law No. 39/1999 on Human Rights and to the principle of free, prior and informed consent (FPIC) set out in Article 32(2) of the UN Declaration on the Rights of Indigenous Peoples. It considers that building on land whose rights remain unresolved, and without the consent of those entitled, may conflict with human rights principles.
Demands
In press release No. 30/SP-LBH-P/X/2026 of 9 October 2026, LBH Papua made seven demands. The main ones are:
- The Regional Military Commander, the Biak district military commander and the battalion commander should implement the Komnas HAM recommendations, prioritise dialogue, and stop land clearing and construction until the land dispute and the status of the area are settled.
- The President and the TNI Commander should ensure the recommendations are carried out, including by not continuing construction on disputed land.
- The Biak Numfor Regent should facilitate multi-party dialogue involving all indigenous groups and a transparent process through the Byak Customary Council.
- The Papua provincial parliament should establish a special committee (Pansus) to oversee the settlement.
- The Biak police should ensure security for all residents without bias and pursue the reported assault case.
- The Papua land agency (ATR/BPN) should not issue land certificates at the site while the dispute is unresolved.
- Komnas HAM should monitor implementation and make public any parties that do not follow the recommendations.
Response
The press release materials did not include responses from the Regional Military Commander, the Biak Numfor regional government, the Papua provincial parliament or those managing the construction.
Detailed case data
Document ID: HRM-CAS-153-2026
Region: Indonesia > Papua > Biak Numfor > Oridek
Total number of victims: dozens
1. Dozens, unknown unknown Indigenous Peoples safe environment
2. 1, Apolos Sroyer, male unknown Activist, Indigenous Peoples safe environment
Period of incident: 24/09/2026-24/09/2026
Perpetrator: Republic Indonesia > Indonesian Security Forces > Indonesian Military (TNI)
Issues: business, human rights and FPIC, indigenous peoples, security force violence