Papua split unlawful, say experts

Ridwan Max Sijabat and A. Junaidi, Jakarta

Experts told the Constitutional Court on Wednesday that Law No. 45/1999 on the formation of West Irian Jaya and Central Irian Jaya provinces was no longer valid following the enactment of Law No. 21/2001 on special autonomy for Papua.

"The division of Papua as stated by Law No. 45/1999 is no longer valid with the existence of Law No. 21/2001, in accordance with the principle that a new statute supersedes an earlier statute," constitutional expert Harun Alrasyid of the University of Indonesia said.

Harun said the division of Papua also failed to follow Law No. 22/1999 on regional autonomy, which says the formation of a new province requires the approval of the people of the mother province.

Another constitutional expert, Sri Soemantri, said Law No. 45/1999 ran counter to Article 18(b) of the Constitution, which stipulates that the state should respect special regions regulated by law.

"The creation of the West Irian Jaya and Central Irian Jaya provinces should be declared against the Constitution," Soemantri said in a written statement to the court.

The Papua Legislative Council has sought a judicial review of Law No. 45/1999 and Presidential Instruction No. 21/2003 on the enactment of the law, arguing that they are contrary to the Constitution and Law No. 21/2001.

The formation the new provinces has sparked fierce criticism from numerous parties, who said the move served the interests of certain groups in Jakarta instead of the Papuan people.

Separately on Wednesday, a public administration expert and a Papuan youth organization called on the central government to allow the establishment of Central Irian Jaya province and to appoint an acting governor to lead its administration.

John R.G. Jopari, a lecturer at the Public Administration Institute (IIP), told a discussion at the institute's campus here that the imposition of the "status quo" arrangement had brought no changes to the people and the political situation in general in the country's easternmost territory.

"It is better for Central Irian Jaya to start running its provincial administration by appointing an acting government to prepare the formation of a permanent administration and to improve public services for the people in the new province," he said.

The government declared that a new local government would not be set in place in the newly formed province following a bloody clash among the Papuan people and the local political elite in August, 2003. Seven people were killed and dozens of others were injured during the week-long conflict.

Jopari questioned the move engineered by certain groups in the province to oppose the new province's formation, saying the opposing groups did not represent the Papuan people and had launched the opposition because they would gained nothing from the new province's formation.

Frans Songgonau, chairman of the Communication Forum for the Younger Generation in Central Irian Jaya, claimed that the majority of the people, including youth organizations, supported the formation of the new province and have nominated several local figures to be appointed as acting governor.

"The political uncertainty has continued in Papua because of the status quo and this has created prolonged confusion among the people while no sides have benefited," he said in the discussion.