Papua's division illegitimate: Experts<\/p>\n
Ridwan Max Sijabat
\nand A. Junaidi
\nJakarta<\/p>\n
Experts told the Constitutional Court on Wednesday that Law No.
\n45\/1999 on the formation of West Irian Jaya and Central Irian
\nJaya provinces was no longer valid following the enactment of Law
\nNo. 21\/2001 on special autonomy for Papua.<\/p>\n
\"The division of Papua as stated by Law No. 45\/1999 is no
\nlonger valid with the existence of Law No. 21\/2001, in accordance
\nwith the principle that the new law derogates the old law,\"
\nconstitutional expert Harun Alrasyid of the University of
\nIndonesia said.<\/p>\n
Harun said the division of Papua also failed to follow Law No.
\n22\/1999 on regional autonomy, which says the formation of a new
\nprovince requires the approval of the people of the mother
\nprovince.<\/p>\n
Another constitutional expert, Sri Soemantri, said Law No.
\n45\/1999 ran counter to Article 18(b) of the Constitution, which
\nstipulates that the state should respect special regions
\nregulated by law.<\/p>\n
\"The creation of the West Irian Jaya and Central Irian Jaya
\nprovinces should be declared against the Constitution,\" Soemantri
\nsaid in a written statement to the court.<\/p>\n
The Papua Legislative Council has sought a judicial review of
\nLaw No. 45\/1999 and Presidential Instruction No. 21\/2003 on the
\nenactment of the law, arguing that they are contrary to the
\nConstitution and Law No. 21\/2001.<\/p>\n
The formation the new provinces has sparked fierce criticism
\nfrom numerous parties, who said the move served the interests of
\ncertain groups in Jakarta instead of the Papuan people.<\/p>\n
Separately on Wednesday, a public administration expert and a
\nPapuan youth organization called on the central government to
\nallow the establishment of Central Irian Jaya province and to
\nappoint an acting governor to lead its administration.<\/p>\n
John R.G. Jopari, a lecturer at the Public Administration
\nInstitute (IIP), told a discussion at the institute's campus here
\nthat the imposition of the \"status quo\" arrangement had brought
\nno changes to the people and the political situation in general
\nin the country's easternmost territory.<\/p>\n
\"It is better for Central Irian Jaya to start running its
\nprovincial administration by appointing an acting government to
\nprepare the formation of a permanent administration and to
\nimprove public services for the people in the new province,\" he
\nsaid.<\/p>\n
The government declared that a new local government would not
\nbe set in place in the newly formed province following a bloody
\nclash among the Papuan people and the local political elite in
\nAugust, 2003. Seven people were killed and dozens of others were
\ninjured during the week-long conflict.<\/p>\n
Jopari questioned the move engineered by certain groups in the
\nprovince to oppose the new province's formation, saying the
\nopposing groups did not represent the Papuan people and had
\nlaunched the opposition because they would gained nothing from
\nthe new province's formation.<\/p>\n
Frans Songgonau, chairman of the Communication Forum for the
\nYounger Generation in Central Irian Jaya, claimed that the
\nmajority of the people, including youth organizations, supported
\nthe formation of the new province and have nominated several
\nlocal figures to be appointed as acting governor.<\/p>\n
\"The political uncertainty has continued in Papua because of
\nthe status quo and this has created prolonged confusion among the
\npeople while no sides have benefited,\" he said in the discussion.<\/p>",
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