Artistic Freedom and Indigenous Representation in Papua: Legal Protection for Indigenous Artists and Cultural Narratives

Abstract

Artistic expression can provide Indigenous communities with a means of preserving identity, communicating historical experiences, and challenging dominant representations. In Papua, Indigenous artistic practices may carry significant cultural and political meanings while operating within complex regulatory and social environments. This article examines the legal protection of Indigenous artists and cultural narratives in Papua from the perspective of artistic freedom and cultural justice. Using normative juridical and socio-legal analysis, the study evaluates constitutional rights, freedom of expression, cultural rights, Indigenous community protections, and arts policy. The article argues that Indigenous artists require protection not only from censorship but also from cultural appropriation, misrepresentation, and unauthorized commercialization. The study proposes a rights-based framework that recognizes Indigenous artistic expression as simultaneously an individual artistic activity and a form of collective cultural expression. Meaningful community participation should be incorporated into policies concerning cultural representation, exhibitions, museums, and commercial uses of Indigenous art. The article further argues that cultural policy should distinguish legitimate artistic critique from unlawful conduct through proportionate and transparent standards. Strengthening protection for Indigenous artists would contribute to cultural pluralism while enabling artistic practices to function as instruments of identity, memory, and social dialogue.