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The Legal Standing of the Papuan People's Assembly on Local Government System in the Province of Papua

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The Legal Standing of the Papuan People's Assembly on Local Government System in the Province of Papua Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.48, 2016 The Legal Standing of the Papuan People's Assembly on Local Government System in the Province of Papua Yulianus Payzon Aituru*, Aminuddin Ilmar**, M. Yunus Wahid***, Faisal Abdullah**** * PhD student at Postgraduate Hasanuddin University. ** Professor on Legal Science, Faculty of Law, Hasanuddin University and as a Promotor. *** Professor on Legal Science, Faculty of Law, Hasanuddin University and as a co-Promotor. **** Professor on Legal Science, Faculty of Law, Hasanuddin University and as a co-Promotor. Abstract Legal standing of Papuan People's Assembly (hereinafter referred to MRP) in the local government system in Indonesia is an auxilary state organ, which has the same position with the local government and the Papuan House of Representative (hereinafter referred to DPRP), but differentiate in terms of duties, functions, and authorities. MRP basically is the spirit of the Papua Special Autonomy. In the context of power-sharing system, the Government has authorities to implement the provision of services, community development, and implementation of development. It has also the authority to carry out the functions of coordination, guidance, and supervision of the administration of the local government in the level of regency / minacipality in the area of the province of Papua. DPRP as a legislative body has been authorized to exercise the functions of: ( a) legislation; (b) budgeting; and (c) controlling. MRP furthermore has the authority to carry out the functions of protection of the rights of indigenous people (Papuans), which is based on respect for local customs and culture, empowerment of women, and strengthening religious life in harmony. To find a legal and institutional harmonization of the Local Government, DPRP and MRP, in achieving the law (rechts idea), the Law No. 21 of 2001 on Special Autonomy and the Law No. 64 of 2008 on the Papua People's Assembly have the cornerstone of the Special Autonomy. However, in terms of institutional formation of MRP, there are some articles to be revised due to they are not in accordance with the actualization of the implementation of the special autonomy in Papua. Keywords : Legal Standing, the Papuan People's Assembly, the Local Government, Papua. 1. Introduction The system of Government of the Republic of Indonesia (hereinafter referred to NRI) in accordance with the Constitution of the Year 194 5 (the Indonesian Constitution 1945) recognizes and respects to the local government either the special of the local government or the extraordinary of the local government.1 Momentum of reform in Indonesia gave the opportunity for the emergence of new thinking and awareness to solve various problems in the area of political, economic, socio-cultural, defense and security in Indonesia in order to organize the better national life including how to implement decentralization and local autonomy. In the context of law enforcement, harmonization of institutional and community participation is often a debate in the implementation of Special Autonomy in the province of Papua. First, the enforcement of the Law No. 21 of 2001 on Special Autonomy for Papua Province had only become a draft due to in the level of implementation, it can not be enforced appropriately. Another problem of the Law is the essence or spirit of the Law also does not correspond to the factual conditions of Papua and West Papua today. On the ambiguity of the Law No. 21, 2001, the friction is taking place between the interests of the Local Government, DPRP, and MRP. On the one hand, the local government and DPRP castrate MRP institution as an institution that is only present to spend money of the Local Autonomy, as stated by Yan Mandenas the member of DPRP, from Hanura Party. 2 The Local Government of Papua has authority to running the decentralization of local autonomy, specifically the 1 Chapter IV on title “Regional Authorities”, Article 18 of the Indonesian Constitution 1945 states that (1) the Unitary State of the Republic of Indonesia shall be divided into provisions and those provincies shall be divided into regencies and municipalities, each of which shall have regional authorities which shall be regulated by law; (2) the regional authorities of the provincies, regencies, and municipalities shall administer and manage their own affairs according to the principlesof regional autonomy and the duty of asistance. 2 Yan Mandenas, the member of DPRP from Hanura Party and the chied of the Hanura Party in the Provincial level. 141 Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.48, 2016 policies of the special autonomy that represented the spirit of the emergence of MRP. Article 5 (2) of the Law No. 21 of 2001 on Special Autonomy states that "... In the framework of the implementation of the special autonomy in Papua province, it has been formed MRP who represents the culture of the Papuan people who have certain authorities to protection of the rights of indigenous Papuans based on respect for local customs and culture, empowerment of women, and strengthening religious life in harmony ... ". MRP as the spirit of the local autonomy sometimes is squeezed by policies of the special autonomy on the one hand, but on the other hand the policies of the special autonomy are also squeezed by the general policy of decentralization that it does not only regulate the Papuan people but also the entire people of Indonesia who live in the land of Papua. The autonomy's spirit also feels often as part of a regional hegemonic paradigm that actually reduces the unity of a plural society that looks as Indonesia. The concept of asymmetrical autonomy as part of a policy of positive discrimination can minimize the elements of affirmation of the asymmetrical concept to become an umbrella for the local government to build its territory at the level of the local government in accordance with the prevailing wisdom on the level of the local governance. The spirit of the asymmetrical decentralization offers type of positive discrimination to address how to assist the government in carrying out the function of distribution (delivery of political goods). The positive discrimination is recognizing of the diversity or privileges of each region to develop the rationality between the government and the provincial government including the village in order to create a space for the provinces / regencies / municipalities to establish its authority in accordance with the "local capacity". 1 In connection with it, the People's Consultative Assembly of the Republic of Indonesia (hereinafter referred to MPR) in 1999 and 2000 established the need for granting special autonomy status to the province of Irian Jaya; 2 so in 2001, the Law No. 21 of 2001 on Special Autonomy for Papua Province was enacted (State Gazette 2001 No. 135, Supplement to State Gazette No. 4151) as amended by the regulation in Lieu of Law No. 1 of 2008 (State Gazette 2008 No. 57 and Supplement to State Gazette No. 4843, hereinafter referred to as the Special Autonomy Law). This is a positive first step in order to build public confidence of Papua community to the government. This is also a strategic movement to lay the solid foundation for the efforts that need to be done for the completion of the settlement of the problems in Papua province. 3 It should be noted that the granting of special autonomy to Papua Province is a long historical process, which starts from the history of the formation of the Province of West Irian (Papua now) established under the Presidential Decree No. 1 of 1963. The establishment of the Government in the West Irian was putting tasks to provincial government to implement such activities of governance, growth, and community development in the region. Historical perspective notes that before the implementation of the Law of the Council of the Popular Consultation (hereinafter referred to PEPERA), the Government and Parliament re-established othe Law No. 12 of 1969 on the Establishment of the Province of West Irian and its regencies as autonomous regions. The Presidential Decree and the Law were specific to the province of West Irian while for the implementation of government applying across Indonesia still used the Law No. 18 Year 1965 on the Principles of Local Government. The Law No. 18 Year 1965 had been replaced by the Law No. 5 of 1974 on Principles of Local Government that apply across Indonesia on July 23, 1974; while in West Irian came into force January 2, 1975 by the Instruction of the Minister of Internal Affairs No. 26 of 1974. Along the establishment of the Local Government of Irian Jaya, it also formed the House of Representatives in the Province of West Irian at that time known as the Regional Council of the Mutual Cooperation 1 Anonim, the IMF and Civil Society Engagement at the 2008 Annual Meeting , 23 October 2008, accessed http://www.imf.org/external/np/ext/cs/news/2008/102308.htm , 12 December 2013. 2 The political decision of Unity of Papua “Netherland New Guinea” (prior called West Papua, then replaced to be Irian Jaya) becoming part of the Unitary State of the Republic of Indonesia has an essential as the idea to put forward Papua in National Development Program. 3 The development of the existence of the spesial aotonomy in Papua is not ended by the form of the regulation in Lieu of Law No. 1 of 2008. In the End of May 2013, the Government stated to replace the special autonomy law with the Law on Papua Governance. According to Felix Wanggai, the special staff of the President on the Local Autonomy, the purpose to the Law on the Papua Governance is to strengthen the identity and the dignity of the Papua’s people; to accelarate development in Papua; and to see the social and political problems reconsiliatively.
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