Reconstruction of Investment Regulations for Upstream Oil and Gas Business Activities Based on Legal Certainty and Justice in Papua

Abstract

The Basic Agrarian Law recognizes customary law as the basis of national agrarian law, but its implementation in Papua still faces various obstacles, especially in upstream oil and gas investment. Conflicts between state land and customary land, weak legal certainty, and minimal participation of indigenous peoples have caused social tensions and suboptimal investment benefits for local communities. This study aims to analyze upstream oil and gas investment regulations in Papua from the perspective of legal certainty and justice and to formulate a more equitable policy reconstruction. This research uses a normative juridical method with a legislative, historical, and conceptual approach. Data was obtained from primary, secondary, and tertiary legal materials that were analyzed qualitatively and descriptively. Upstream oil and gas investment regulations are not yet fully based on justice and legal certainty. The UUPA has not been optimally implemented, oil and gas regulations have not been revised in accordance with the mandate of the constitution, and the licensing system is still complex and overlapping. This weakens the protection of customary rights and creates uncertainty for investors. Harmonization of customary law, national law, and sectoral oil and gas regulations is needed to create legal certainty and social justice. This study provides conceptual contributions and policy recommendations for strengthening upstream oil and gas investment governance in Papua.