LEGAL GOVERNANCE OF CULTURAL HERITAGE PRESERVATION WITHIN THE ENVIRONMENTAL, SOCIAL, AND GOVERNANCE (ESG) FRAMEWORK IN WEST PAPUA, INDONESIA

Abstract

The preservation of cultural heritage in Indonesia is a legal obligation mandated by Law Number 11 of 2010. Despite its significant cultural wealth, West Papua Province faces complex challenges in heritage management, including overlapping authorities, limited technical regulations, and a lack of integration between cultural preservation and sustainable development. This study aims to assess how Environmental, Social, and Governance (ESG) principles can be integrated into the legal system to strengthen governance and indigenous community participation in West Papua. This research employs a qualitative literature review with thematic analysis. Data were synthesized from legal instruments, policy documents, academic publications, and case studies, such as Mansinam Island. The findings indicate that the ESG framework offers a holistic approach: the environmental dimension focuses on physical site protection; the social dimension emphasizes the rights and involvement of indigenous peoples; and the governance dimension demands accountability, transparency, and regulatory certainty. The study concludes that current legal implementation is hindered by a lack of harmonization between formal and customary laws, as well as an ESG literacy gap among local actors. Strengthening heritage governance in West Papua requires cross-sector collaboration, local capacity building, and regulations that recognize local wisdom. Integrating ESG serves not only as a conservation tool but also as a strategy for sustainable, equitable development that provides socio-economic benefits to local communities.