The Jakarta Post, March 01, 2003
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 connsultative 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.
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