Mega's move to split Papua unconstitutional: Expert

Mega's move to split Papua unconstitutional: Expert

Kurniawan Hari, The Jakarta Post, Jakarta

Opposition continues to mount against President Megawati
Soekarnoputri's decision to partition the province of Papua into
three smaller provinces.

Claiming that the decision contradicted Law No. 21/2001 which
grants the province special autonomy, constitutional law expert
Harun Alrasyid emphasized that the decision would only "turn the
clock back" to 1999 when Papuan people took to the streets to
protest any such split.

"We can't split the province just like that because it is
culturally one. I am against it (the split)," Harun said during a
weekly House of Representatives (DPR) open discussion on Friday.

President Megawati Soekarnoputri issued decree No. 1/2003
partitioning the province into three -- Papua, Central Irian Jaya
and West Irian Jaya provinces -- despite public protests against
the move.

The decree, issued on Jan. 27, was supposed to follow up law
No. 45/1999 on the establishment of North Maluku, Central Irian
Jaya, and West Irian Jaya provinces. The law was largely opposed
by Papuans in 1999.

Harun, a lecturer at the University of Indonesia (UI),
suggested that legislators seek clarification on the motives
behind the policy.

Papua-born legislator Simon Patrice Morin, who also spoke at
the seminar, revealed that the House had urged the government to
focus on the implementation of the special autonomy law in the
resource-rich province.

According to Simon, whether or not the legislators would seek
further clarification depended on the response of Megawati to the
House's recommendation.

Papua, currently the country's largest province, is inhabited
by only 2.2 million people including thousands of transmigrants
from other areas of Indonesia.

The decision to split Papua was made in 1999 by then president
B.J. Habibie, but its implementation was delayed by his successor
former president Abdurrahman Wahid.

Article 76 of the special autonomy law for Papua stipulates
that any decision to divide up the province must be approved by
the Papua People's Assembly (MRP) and the Papua Legislative
Council (DPRD).

The MRP has not yet been established.

Harun emphasized that a presidential instruction which
violated an existing law would not have to be implemented by
state officials. "Since it contradicts the law, it can be
ignored," he added.

He emphasized that the split of Papua did not follow normal
procedures. According to him, any formation of a new province
should follow the five steps -- first, there must be a proposal
from the governor and the legislative council; second, the
president should consult the consultative council for regional
autonomy (DPOD); third, the president makes a draft law; fourth,
the House DPR deliberates on the draft law; and fifth, the
president enacts the bill into law.

Simon, meanwhile, said that the issue must be approached from
the legal perspective. He reiterated that the House had sent a
letter to the President, calling for an effective implementation
of the special autonomy law for Papua.

"I don't want to see my brothers in Papua being fooled," Simon
said.