State Responsibility for Alleged Human Rights Violations in Papua within The Framework of The Rule of Law Principle

Abstract

Human rights protection remains a critical issue in regions experiencing prolonged conflict, such as Papua, Indonesia, where allegations of arbitrary arrests, excessive use of force, and extrajudicial killings persist. The state bears constitutional and legal responsibilities to ensure the respect, protection, and fulfillment of citizens’ rights, in alignment with the principles of the rule of law. This study aims to examine the forms of state responsibility for alleged human rights violations in Papua and to assess the implementation of the tripartite obligations of respect, protect, and fulfill. Employing a normative juridical legal research method, the study analyzes primary legal materials, including the 1945 Constitution, Law Number 39 of 1999 on Human Rights, and Law Number 26 of 2000 on Human Rights Courts, alongside secondary materials from books, journals, and prior studies. Data were collected through library research and document review, and analyzed using qualitative descriptive-analytical techniques to identify gaps between normative legal provisions and practical implementation. The findings indicate that, although adequate legal instruments exist, the dominance of security-oriented approaches in Papua has hindered the effective protection of human rights, resulting in structural challenges, limited access to justice, and slow resolution of human rights cases. The study concludes that policy reforms emphasizing human rights-based approaches, accountability, and equitable development are necessary to realize the rule of law effectively in Papua.