This Legal Memorandum addresses Indonesia's responsibility for government
actions in issuing Environmental and Business Licenses to PT Indo Asiana Lestari
concerning the customary lands of the Awyu indigenous people. The analysis uses
doctrinal research method to examine whether these actions amount to human
rights violations under International Human Rights Law. The findings show that
the Awyu indigenous people are recognized as subjects of International Human
Rights Law, and while customary lands can be used for business purposes, such use
must respect the rights and principles of indigenous communities. However, this
Legal Memorandum identifies human rights violations during the licensing process,
as the state failed to protect the Awyu people’s rights by breaching its international
obligations and creating a state responsibility to restore those rights. This legal
recommendation emphasizes the need for Indonesia to fulfill its international
human rights commitments through the legal instrument adoption, the
establishment of territorial boundaries through integrated and transparent
registration of customary lands, oversight of business activities with human rights
due diligence, and acceptance of individual communication procedures to ensure
effective remedies for human rights violations involving indigenous communities
like the Awyu indigenous people.