Court ruling perpetuates conflict in Papua<\/p>\n
Ridwan Max Sijabat, The Jakarta Post<\/p>\n
The decision by the Constitutional Court on the judicial
\nreview of Law No. 45\/1999 in Jakarta on Thursday surprised many,
\nincluding those opposed to and those who support the
\ncontroversial formation of West Irian Jaya province.<\/p>\n
Accompanied by Papua governor Jaap Solossa, Papua Legislative
\nCouncil Chairman John Ibo who filed a request for the judicial
\nreview, expressed disappointment with the verdict, saying the
\ndecision with its strong political overtones did not provide a
\nsolution to the core issue in the country's easternmost province.<\/p>\n
Acting governor of West Irian Jaya Octavianus Brahm Atururi
\nand officials from the home and defense ministries and the
\nNational Intelligence Agency (BIN) seemed pleased by the decision
\nthat acknowledges the existence of the new province. However it
\nis unclear whether the new province will enjoy the special
\nautonomy status as Papua does under Law No. 21\/2001.<\/p>\n
The Court buried Law No. 45\/1999 -- on the formation of West
\nand Central Irian Jaya Provinces and that of several new
\nregencies, including Paniai, Puncak Jaya and Mimika -- because
\nits enforcement was not in line with Law No. 21\/2001. The two
\nlaws were not in conflict with the Amended 1945 Constitution but
\ntheir enforcement raised serious implications in the field.<\/p>\n
Eight of nine judges were of the same legal opinion that West
\nIrian Jaya and the new regencies under it remained valid,
\nalthough Law No. 45\/1999 was no longer effective.<\/p>\n
They argue that the special autonomy law took effect after the
\nnew province and regencies were formed, and no state institutions
\nhave annulled the law.<\/p>\n
The judges argue that the new province and regencies should be
\naccepted because they have their own administration and
\nlegislatures and representatives in the House of Representatives
\nwho were elected in the April legislative election.<\/p>\n
The Constitutional Court's ruling, which is final and binding,
\nhas left legal and political uncertainty for both Papua and West
\nIrian Jaya.<\/p>\n
West Irian Jaya and the new regencies were accepted although
\nthey have no legal basis. Like other provinces, regencies and\/or
\nmayoralties, the new province and regencies formed under the
\nalready annulled law, need new laws as the legal basis for their
\nformation and a valid administration in the future.<\/p>\n
In addition, many legal experts are baffled by the court's
\nargument that Law No. 45\/1999 remained effective in spite of Law
\nNo. 21\/2001 as long as no relevant authorities had declared the
\nformer law ineffective.<\/p>\n
Judge Maruarar Siahaan in his dissenting opinion argues that
\nWest Irian Jaya's existence should be declared invalid because
\nLaw No. 45\/1999 is in conflict with the 2001 Papua special
\nautonomy law, and the new province's formation was mandated by a
\ncontroversial presidential instruction in 2003, two years after
\nthe special autonomy law took effect.<\/p>\n
Law No. 45\/1999 automatically became ineffective regardless of
\nwhether or not it was declared ineffective, he argues.<\/p>\n
The court verdict needs a political decision on the new
\nprovince's status. If the new province of West Irian Jaya will
\nalso enjoy special autonomy like Papua, it has to be mandated in
\na special autonomy law. As a consequence it would also have the
\nright to share the special autonomy funds and to establish its
\nown highest law-making body similar to Papua's Peoples Assembly
\n(MRP). The local assembly is assigned to elect a governor and
\ndesign development policy in the province.<\/p>\n
With its decision, which is irreversible, the Constitutional
\nCourt has apparently tried to provide a win-win political
\nsolution for all conflicting sides in Papua and Jakarta, but it
\nhas not only failed to solve the prolonged issue, but will even
\nworsen the situation there.<\/p>\n
John Ibo, in filing the judicial review request, noted
\nJakarta's reluctance to fully implement the special autonomy law,
\nwhich has been given by the People's Consultative Assembly and
\nthrough national consensus as the main framework to seek a
\ncomprehensive solution to the Papua issue.<\/p>\n
The Assembly agreed to give special autonomy to Papua and Aceh
\nin 1999 amid the strong demand for a self-determination ballot in
\nthe two provinces following the stepping-down of former president
\nSoeharto and the beginning of the reform era.<\/p>\n
He said the Papuan people lost confidence again in Jakarta
\nwhen president Megawati Soekarnoputri declined to approve the
\ndraft regulation on the establishment of the MRP and to fully
\ndisburse the special autonomy funds in the first two years of the
\nimplementation of autonomy.<\/p>\n
According to Law No. 21\/2001, the MRP will play an important
\nrole in designing development policy and approving the
\nappointment of high-ranking officials in the province. The
\ncentral government later turned down the draft regulation as it
\nwas feared it would pave the way for the province's separation
\nfrom Indonesia. Papuan people and local government officials have
\nstrongly rejected this concern as invalid, saying the law clearly
\nstipulates that Papua is part of Indonesian territory.<\/p>\n
The presidential instruction issued by Megawati, was issued
\nwith strong support from the Ministry of Home Affairs, the
\nIndonesian Military and the BIN which were believed to have their
\nown interests in the planned formation of the two new provinces.<\/p>\n
Certain high-ranking officials at the home ministry have
\nallegedly gained financial advantage from the establishment of
\nnew administrations in the new province and regencies while the
\nIndonesian Military and BIN have maintained their security
\nbusinesses with the presence of two giant mining companies in
\nManokwari and Timika respectively. The formation of new provinces
\nwas also expected to help security authorities to control
\nseparatist activities in the region.<\/p>\n
The Constitutional Court has planted a time bomb in the region
\nthat could explode if the majority of tribal people opposing the
\nformation of the new province are dissatisfied with the
\nprovincial administration's performance.<\/p>\n
The new province's establishment, however, has won political
\nsupport from migrants from Java, Sulawesi and Maluku.<\/p>\n
Besides, the Court decision also raises new problems for
\nPresident Susilo Bambang Yudhoyono's government which has
\nexpressed its commitment to fully implement special autonomy and
\nreview the controversial presidential instruction as recently
\npromised by the President himself to the Papuans.<\/p>\n
The author is a staff writer at The Jakarta Post. He can be
\nreached at ridwan@thejakartapost.com<\/p>",
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