Papua's division illegitimate: Experts

Papua's division illegitimate: 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Jaya provinces was no longer valid following the enactment of Law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"The division of Papua as stated by Law No. 45/1999 is no
longer valid with the existence of Law No. 21/2001, in accordance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 the new law derogates the old law,"
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.