West Irian Jaya province questioned

Tiarma Siboro, The Jakarta Post/Jakarta

The Constitutional Court's recent ruling on Papua should prompt a revision to Law No. 21/2001 on special autonomy for the province that will justify the establishment of West Irian Jaya as a separate province, an expert says.

Constitutional law professor Sri Soemantri said on Tuesday the existing law recognized Papua as the only province on the natural resource-rich western half of the island of New Guinea.

"Perhaps the Constitutional Court offered a win-win solution for both the government and the Papuan people. But instead of giving a solution, the verdict has caused legal uncertainty, especially over the existence of West Irian Jaya province," Soemantri told The Jakarta Post.

He suggested that the government and the House of Representatives revise Law No. 21/2001 or draw up a bill that would support the legitimacy of the new province.

"The legislation, which justified the new province's existence -- Law No. 45/1999 -- has been annulled by the Court," he asserted, referring to the law on the division of Papua into three provinces which was endorsed during the last days of former president B.J. Habibie's brief tenure.

Papuan expert Ikrar Nusa Bhakti of the Indonesian Institute of Science (LIPI) suggested that the government immediately set up the Papuan People's Council (MRP) before any decision affecting the people at large in the country's easternmost province was made.

"Based on Law No. 21/2001, the MRP is a superbody and none of the policies on Papua can come into effect without its approval," Ikrar said.

The Court ruled last week that Law No. 45/1999 on the partition of Papua violated the Constitution, but at the same time it recognized the existence of West Papua province on the grounds that "the province is factually effective."

The judges took into account the existence of the administration, the legislative council and the election of members of the Regional Representatives Council (DPD) from West Irian Jaya.

But Ikrar questioned the judges' opinion, while adding that currently, the West Irian Jaya governor and the local councilors had yet to decide the province's capital. There has been a plan to name Manokwari the capital of the new province, where the Tangguh natural gas refinery is located.

Law No. 45/1999 had since the very beginning raised controversy among the public.

Some said that the partition of Papua -- previously known as Irian Jaya -- violated the Constitution, but some said the policy would enable local administrations to govern the vast territory effectively.

Habibie's successor Abdurrahman Wahid decided to postpone the implementation of the law and instead granted the province special autonomy to appease demands from separatists there.

Under special autonomy, it clearly states that any decision to divide the province would first have be approved by the MRP.

The administration of former president Megawati Soekarnoputri, however, reinstated Law No. 45/1999 and established West Irian Jaya province. Three people were killed and dozens others injured in clashes between supporters and opponents of the new provinces in 2003.

"With the Court verdict, I guess the government, like its predecessor, is trying to reduce the MRP to an institution that merely deals with social and cultural issues," Ikrar said.