Malind-Anim Indigenous people lose West Papuan forest court battle under Indonesian law

Andrew Mathieson
Andrew Mathieson Published September 24, 2026 at 11.15am (AWST)

A court has rejected the Malind-Anim Indigenous community's legal challenge to protect a West Papuan ancestral forest from a planned agricultural development.

The ruling favoured the Merauke regency, an Indonesian administrative division, after approving the environmental feasibility of a 135-kilometre road project against six months of proceedings in a lawsuit brought about by traditional Indigenous men.

The road under question is said to be part of a food security project which Indonesia's Ministry of Defence is carrying out under its national strategic projects program.

Tigor Hutapea, a lawyer on behalf of the Malind-Anim Indigenous community's case, criticised the judges for allegedly failing to consider any of the evidence or the testimony of witnesses and experts over the violation of Indigenous rights.

"The plaintiffs chose the difficult path of seeking justice through the courts, but what they received was injustice," Mr Hutapea said in a statement released on Monday night.

Simon Petrus Balagaize, Sinta Gebze, Liborius Kodai Moiwend, Kanisius Dagil and Andreas Mahuse challenged the regency's decree, which was only issued one year after construction had already begun which included the clearing of forests on Indigenous customary lands belonging to the Malind-Anim people, and without the free, prior and informed consent of the landowners.

Mr Hutapea said that the road was not intended as was the regency's argument to connect up villages, but to support the national strategic project program in Merauke.

The Jayapura administrative court found the process for issuing the environmental feasibility study had complied with legal requirements, including the environmental impact assessment process and public consultations.

However, Mr Hutapea argued "five witnesses and one expert" had provided evidence to the contrary.

The Malind-Anim Indigenous witnesses said they had directly witnessed road construction and the clearing of customary forests before the defendant had conducted any public consultation.

"One witness from Nakias Village testified that around three kilometres of his clan's forest had already been cleared on September 2, 2025, even though the customary landowners had rejected the project and blocked the area by erecting a red cross," Mr Hutapea said.

One of the witnesses said excavators entered the village and began clearing a forest as early as August 2024.

The plaintiffs also called environmental law expert, who highlighted the importance of preparing environmental impact assessments for development projects, particularly where Indigenous communities are directly affected.

Mr Hutapea said in this case objections from clans opposing the project had not been adequately considered while the project was allowed to proceed.

He said public consultation should recognise the collective rights of Indigenous communities, follow their internal decision-making mechanisms where representatives are involved, and to also involve genuine two-way dialogue.

"The law no longer guarantees us anything in this country, whether through legal challenges or the facts on the ground," Mr Balagaize said.

"We will continue fighting and defending these lands.

"The truth will side with us Papuans."

Since the proceedings were filed at the start of March 2026 the defendant continued construction of the road, despite presiding judge Merna Cinthia ordering the project to be suspended on June 9.

The road project has also reportedly reduced food sources, degraded the water quality with dustier air, and affected Indigenous livelihoods as the number of game animals available for hunting has declined.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.