Central gov't flouting law of land

Central gov't flouting law of land

The Jakarta Post, Jakarta/Papua/Denpasar

Experts have finally begun to step up criticism of the government
for violating its own laws on Papua, saying that it would only
spark further legal uncertainty and become a divisive issue for
the people, especially the residents of Papua.

Constitutional law expert Sri Soemantri asserted that the
government could not just arbitrarily enact Law No. 45/1999 on
the division of Papua, then known as Irian Jaya, into three
provinces, without taking into consideration Law No. 21/2001 on
special autonomy for Papua, which is obviously more recent
legislation.

"From a legal point of view, the law on special autonomy for
Papua has stronger grounds than the previous legislation,"
Soemantri stated.

He was responding to the government's decision to inaugurate
Central Irian Jaya province last week. The government has since
decided to delay further division of Papua until security is
ensured.

"I understand that the delay was made after our leaders got
wind of the socio-cultural and political developments there,"
Soemantri said, referring to the ongoing bloodshed in Timika
between several thousand supporters and opponents of the creation
of Central Irian Jaya province. Four people have been killed in
the violence as of Thursday.

"For the sake of legal certainty, however, the government
cannot partially enforce a regulation because it will only create
more confusion," he said, suggesting that the government postpone
or drop the plan to split Papua into smaller provinces all at
once.

President Megawati Soekarnoputri earlier this year issued
Presidential Instruction (Inpres) No. 1/2003 to accelerate the
formation of West and Central Irian Jaya provinces. The
instruction was meant to make inactive Law No. 45/1999 active,
after it was suspended under the administration of former
president Abdurrahman Wahid due to massive popular opposition in
the province.

The President's decision has come under fire for ignoring Law
No. 21/2001 which legally defines the establishment of a Papua
People's Assembly (MRP), an institution which the government must
consult on any important decision regarding the province,
including one such as splitting it up.

"There should have been no decision to divide Papua before the
government had established the MRP," Soemantri stressed.

So far, the government has been reluctant to form the MRP and
repeatedly suggested that the decision-making power of the MRP be
reduced on grounds that it "is not a political institution."

"I suggest the government set up a team to review all
regulations which are inconsistent or contradictory with Law
21/2001 as the latest legislation," Soemantri, a professor from
Bandung's Padjadjaran University, emphasized.

Ryaas Rasyid, who said he does eventually support the split of
the province, was one of the experts who helped write the
autonomy laws. Ryaas concurred with Soemantri, however, and urged
the government to delay its plan until it had evaluated all
contradicting regulations on Papua.

Meanwhile, Marthen Ferry Kareth, a legal expert from the
Papua-based state Cendrawasih University, said the government was
out of line when it alleged that the Papuan people were planning
to manipulate the special autonomy status and the MRP to aid in
the independence struggle.

"We are loyal to the unitary state of Indonesia. If the
government finds a violation in the way we implement the law,
they can take stern measures," Marthen said.

Minister of Home Affairs Hari Sabarno denied accusations that
the partition of Papua was aimed at breaking up and segregating
Papuan people.

The retired Army general claimed that the division of Papua
province was needed to increase the local government's
administrative ability and improve its public services as well as
to empower local human resources in the government sector.

"By dividing Papua, the central government hopes to shorten
the chain of bureaucracy on the vast but lightly populated
island. A shortened chain of control and bureaucracy is in
accordance with the spirit of regional autonomy," Hari opined
after swearing in Dewa Made Beratha as the Bali governor for
another five-year term in Denpasar, Bali on Thursday.