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The issuance of the permit became a source of controversy in this case because it was, in fact, granted without the consent of the Awyu indigenous community. This is, of course, counterproductive to the Province of Papua\u2019s commitment, as clearly stated in several of its regulations, which explicitly require local governments to consistently and progressively fulfill the rights of indigenous communities. It is true that the permit granted to PT IAL was issued in 2021, at a time when the Awyu Tribe had not yet been formally and legally recognized as an indigenous community in Papua. However, in July 2023, Boven Digoel Regency Local Regulation No. 2 of 2023 on the Recognition and Protection of Customary Law Communities was issued, affirming the Awyu Tribe as part of the recognized and protected customary law communities. The existence of this Boven Digoel Regency Regulation essentially indicates a shift in local government policy toward recognizing and protecting customary land rights. Consequently, it should also serve as a dominant factor worthy of consideration as a legal reference in assessing the legality of PT IAL\u2019s permit\u2014which was also issued by the Papua DPMPTSP in this case.<\/span><\/p>\n The struggle of the Awyu Indigenous Community to pursue these rights through litigation cannot be separated from the dynamics of \u201cclimate change litigation,\u201d as reflected, among other things, in Decision No. 82\/G\/2023\/PTUN. This ruling explicitly dismissed the lawsuit filed by PT Megakarya Jaya Raya (PT MJR) as the plaintiff and served as the basis for the government to revoke the forest area release permit held by PT MJR. Furthermore, this legal battle is also influenced by Judgment No. 52\/G\/LH\/2022\/PTUN. This landmark ruling in the context of climate change litigation heard the case between Wahana Lingkungan Hidup Indonesia (WALHI) and the Head of the West Java Provincial DPMPTSP regarding the failure of the Environmental Impact Assessment (EIA) to consider the impacts of climate change on the Tanjung Jati A coal-fired power plant project.<\/p>\n With this line of reasoning, it is hoped that the panel of judges will go beyond the letter of the law in responding to the genuine concerns faced by the Awyu indigenous community. This is because the rights and interests of the Awyu people are of such great significance that they must be protected. The Awyu Tribe\u2019s customary territory, which is traversed by PT IAL, must at the very least be viewed as a source of livelihood for the community, possessing strong spiritual connections, and serving as a means for the continuation of local customs and traditions.<\/p>\n