Racism is a racial problem that is ingrained in the life of multicultural society in
various parts of the world including Indonesia, one of which is the act of racism
against the Papua people. Racism is a problem rooted in beliefs, behavior, and the
daily system of society that considers one race to be inferior to another. In the
phenomenon of racism against the Papua people, one of the functions that can be
implemented as a solution to this problem is the law function that regulates relations
between humans and other humans and relationships between humans and the state
so that everything runs in an orderly manner. The formulation of the problem from
this research is why there are still violations of Law Number 40 of 2008 concerning
the Elimination of Racial Discrimination against the Papua people and how is the
criminal law policy against racism crimes against the Papua people. The research
method used is normative legal research. The conclusion of this research are that
most Indonesians still have the point of view that racial and ethnic factors influence
various aspects of life, the weakness of the inculcation of Pancasila values, and the
existence of Law Number 40 of 2008 concerning the Elimination of Racial
Discrimination is a guarantee of human rights of all Indonesian people from the
crime of racism.