Indigenous communities in the Makmakerbo Village, Oridek District, Biak Numfor Regency, have challenged the construction of the Indonesian National Armed Forces (TNI) Yonif TP 858/MSB battalion headquarters through customary proceedings, complaints to the National Human Rights Commission (Komnas HAM), and advocacy before the Papua Provincial Parliament (DPRP). Indigenous representatives allege that approximately 56 hectares of customary land were transferred and cleared without the consent of the recognised customary rights holders and in violation of customary law, while the Indonesian Army maintains that the land was lawfully transferred by its legitimate owner.
Background
The dispute concerns approximately 56 hectares of land in the Binpewer (Brimpewer) area of Makmakerbo Village, Oridek District, Biak Numfor Regency, identified as the planned location of the Yonif TP 858 battalion headquarters. According to Indigenous representatives, the land forms part of customary territory collectively owned by several Indigenous clans. They allege that the transfer of the land was carried out by individuals who were not authorised under customary law to dispose of the communal land and that the recognised customary rights holders were neither properly consulted nor given their consent. Supporters of the project, including representatives of the Indonesian Army and the family that transferred the land, dispute these claims and maintain that the transfer was legally valid.
Chronology of Events
October–November 2025
Following reports that customary land would be transferred for construction of the Yonif TP 858 headquarters, representatives of the affected Indigenous clans held customary meetings rejecting the proposed transfer. On 7 October 2025, Kainkain Karkara Byak received a formal complaint from representatives of the customary rights holders and subsequently attempted to facilitate mediation between the parties. According to the customary council, repeated invitations to mediation were not attended by representatives of the family that had transferred the land.
On 22 November 2025, Indigenous representatives alleged that approximately 56 hectares of customary land had been transferred to the Indonesian Army for construction of the battalion headquarters. Community representatives argued that the transfer had been conducted without the consent of the recognised customary rights holders and contrary to customary law.
November 2025 – January 2026
As mediation efforts failed, representatives of the affected Indigenous communities pursued complaints through the Biak Numfor Police and customary institutions. The dispute also prompted public demonstrations and further customary deliberations concerning ownership of the land and the legitimacy of the transfer. Construction activities reportedly continued while the dispute remained unresolved.
February – March 2026
The dispute was examined through customary proceedings organised by Kainkain Karkara Byak. According to media reports, the customary panel annulled the initial land transfer documents and ordered further customary deliberations involving all relevant clans. However, aspects of the customary proceedings were themselves criticised by some Indigenous representatives, who questioned their procedural fairness and called for a new customary process.
16–17 March 2026
Representatives of the Coalition for Law Enforcement and Human Rights for Papua submitted a formal complaint to the Papua Representative Office of the National Human Rights Commission (Komnas HAM) concerning the alleged forced clearing of approximately 56 hectares of customary land for the construction of the Yonif TP 858/MSB battalion headquarters. According to legal representative Reinhart Kmur, the coalition alleged that the land clearing violated the rights of Indigenous peoples and threatened customary forests, protected forests and the environment. The coalition requested Komnas HAM to monitor the case and investigate the alleged human rights violations.
April – May 2026
Indigenous organisations and the Coalition for Law Enforcement and Human Rights for Papua expanded their advocacy by requesting the Papua Provincial Parliament (DPRP) to establish a special committee to investigate alleged violations of Indigenous peoples’ rights arising from the construction of Yonif TP 858 and other newly established battalions in Biak and Supiori. The coalition argued that the case raised concerns regarding customary land rights, environmental protection and the participation of Indigenous communities in decisions affecting their traditional territories.
Media reports published in May 2026 indicated that construction of the battalion headquarters continued despite the unresolved customary land dispute. Journalists observed that substantial construction work had already been completed at the site.
Responses from Authorities
The Indonesian Army has stated that the land designated for the Yonif TP 858 headquarters was lawfully transferred by its legitimate owner and that the project forms part of the national Territorial Development Battalion programme intended to strengthen national defence while contributing to regional development. Local supporters of the project have similarly argued that the transfer complied with applicable procedures and would bring economic and social benefits to the surrounding communities.
These claims have been disputed by representatives of the affected Indigenous communities, Kainkain Karkara Byak and the Coalition for Law Enforcement and Human Rights for Papua, who maintain that the recognised customary rights holders did not consent to the transfer and that construction should be suspended pending resolution of the dispute.
Human Rights Analysis
If the allegations are substantiated, the case may raise concerns regarding the rights of Indigenous peoples to participate in decisions affecting their customary lands and natural resources. It may also raise concerns regarding the protection of communal customary land rights, meaningful consultation and the principle of Free, Prior and Informed Consent (FPIC) recognised in the United Nations Declaration on the Rights of Indigenous Peoples.
The allegations relating to continued construction while ownership and customary authority remain disputed may also raise concerns regarding the availability of effective remedies and the protection of Indigenous communities from arbitrary interference with their traditional lands.
Detailed Case Data
Document ID: HRM-CAS-094-2026
Region: Indonesia > Papua > Biak Numfor > Oridek
Total number of victims: dozens
#
Number of Victims
Name, Details
Gender
Age
Group Affiliation
Violations
1.
dozens
diverse
unknown
Indigenous Peoples
cultural rights
Perpetrator: Republic Indonesia > Indonesian Security Forces > Indonesian Military (TNI)
Issues: business, human rights and FPIC