Abstract
The land of Papua is a gift. However, this gift belongs to the indigenous Papuan, so it is right when special autonomy interpreted the benefits of the original intent of the indigenous Papuan. This research is a doctrinal research with primary and secondary legal materials which are analyzed textually and contextually so that it finds the men behind the rule and the discourse of positive and negative discrimination that occurs. This discourse produces a particular light that special autonomy does not guarantee a solution to the Papuan conflict. Thinking Seriously about Special Autonomy Discrimination in Papuan results in a analysis that legal orientalism is influential in this matter. Referendum is a solution but does not solve the root of the problem. The Noken system will strengthen a patrimonial consolidated democracy. What the central government needs to do is resolve past human rights cases, accommodate people’s aspirations which have been manifested in various demonstrations and open space for dialogue between Papuan nationalists and other Indonesians. Special Autonomy is inherently regional within the federal state which is a middle way to overcome the power struggle over Papua.
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