LAKSAMANA.Net, August 1, 2004 11:47 PM
Review - Regions: Papua Split Unlawful?
Laksamana.Net - The formation of West Irian Jaya and Central Irian Jaya provinces
has sparked fierce criticism from numerous parties, who say the move serves the
interests of certain groups in Jakarta instead of the Papuan people.
The government declared that a new local government would not be set in place in the
newly formed province following a bloody clash in August 2003. Seven people were
killed and dozens of others were injured during the weeklong conflict.
Several experts told the Constitutional Court on Wednesday (28/7/04) that Law No.
45/1999 on the formation of the new provinces was no longer valid following the
enactment of Law No. 21/2001 on special autonomy for Papua.
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"The division of Papua as stated by Law No. 45/1999 is no longer valid with the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.
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.
Calls for end to status quo
Elsewhere, 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 that the imposition of the "status quo"
arrangement had brought no changes to the people and the political situation in
general in Papua.
"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.
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,"
Songgonau said in the discussion.
Meanwhile a strong earthquake measuring 6.1 on the Richter scale shook Papua
province on Wednesday (28/7/04), but there were no reports of injuries or damage.
The quake, which occurred at 0356 GMT, was centered just off the northern coast of
Papua under the Pacific Ocean, said the Meteorology and Geophysics Agency. In
February, powerful earthquakes hit the Papuan province, killing at least 28 people.
Police Chief Transferred
The chief of police at Banyumas in Central Java, Sr. Comr. Andi Mapparesa, has been
given a desk job following disclosure of a speech he made in violation of an order by
National Police chief Gen. Dai Bachtiar that police must stay neutral during the
legislative and presidential elections,
The University of Indonesia Alumni Association (Iluni) had released a video of the
meeting, which was held in Banjarnegara regency.
"We have transferred him to headquarters in Jakarta as a human resources officer,"
said national police spokesman Insp. Gen. Paiman on Wednesday (28/7/04)
Paiman said Mapparesa had violated the order in a speech he gave on May 29 during
a meeting with police officers' families and retired officers, in which he asked them to
support Megawati's reelection bid.
The video clearly showed that Andi and his wife were attempting to encourage support
for Megawati by pointing out several disadvantages for the police if anyone other than
Megawati was elected.
Paiman said that a police team was still investigating the case and police had also
reported the case to the Elections Supervisory Committee (Panwaslu) for criminal
investigation.
Banyumas Panwaslu chairman Jauhar Hatta said his office would coordinate with the
national Panwaslu in handling the case, adding that his team had questioned Andi to
clarify what had actually happened during the meeting. "Andi said he could not
remember what he said during the meeting," he added.
New Aceh Clashes
Five suspected separatist Free Aceh Movement (GAM) rebels and two civilians have
been killed in the latest violence in the province, according to the military.
Two of the five rebels were shot dead in separate encounters, Aceh military
spokesman Asep Sapari said Thursday (29/4/07).
Troops seized an automatic rifle and ammunition from the pair, Sapari said, adding
that six other rebels surrendered to the military the same day. He also accused GAM
of shooting dead two civilians in North Aceh district.
Soldiers shot dead three other guerrillas in Aceh Jaya district, said Candra Purnama,
another Aceh military spokesman. He said troops found 30 homemade grenades and
rebel flags during a raid.
Warplanes were also deployed to shell a mountainous area where rebels are believed
to have a major base.
Army spokesman Lieutenant Colonel Joko Warsito said two Bronco fighter planes
launched an air strike on the Siron mountain area in Aceh Besar district. He said one
rebel was also killed during a clash between troops and GAM rebels in another part of
Aceh Besar on Wednesday (28/7/04).
In another development, the military says 11 rebels have surrendered to military
outposts in six districts of Aceh, while two were captured by troops in North Aceh
district. There was no immediate comment from GAM officials.
12 Questioned Over Killing
Police on Thursday (29/7/04) continued the questioning of 12 men over the killing of
the local campaign team chairman for presidential candidate Susilo Bambang
Yudhoyono in Jember regency.
The killing of Sugiyono on Tuesday night (20/7/04) may have been a political message
ahead of the September 20 election runoff between Yudhyono and incumbent
Megawati Sukarnoputri, the victim's family and friends have alleged.
The Indonesian Democratic Party of Struggle (PDI-P) won the April 5 legislative
election in Jember, with Yudhoyono's Democrat Party finishing second. During the
July 5 presidential election in Jember, Yudhoyono received 431,500 votes while
Megawati won 304,370.
Sugiyono led Yudhoyono's campaign team for Silo district in Jember, He was stabbed
to death by a group of people while he and another man, Mulyono, were riding on a
motorcycle to a wedding party, according to the victim's uncle, Waras Budianto.
His death came only two weeks after the murder of Suwardjo, the local chairman of
PDI-P in the neighboring regency of Bondowoso. No suspects have been identified in
that murder.
However, Jember Police chief Adj. Sr. Comr. Setyo Prihadi said Thursday (29/7/04)
the killing was simply a criminal act. "Right now we are still conducting the
investigation, and so far there are no hints of a political motive."
Prihadi said 12 suspects were arrested on Wednesday in connection with the killing.
Police identified 10 of the suspects as Ismail, Farid, Nurul, Eddy, Ali, Bambang, Eko,
Dedi, Junaidi and Deni, all from Sumberjati village in Silo district, Jember.
Prihadi brushed aside speculation that the killing of Sugiyono was somehow
connected with Suwardjo's murder.
Maluku Separatists on Trial
Seventeen more activists of the Maluku Sovereignty Front (FKM) went on trial in the
Ambon District Court on Tuesday (27/7/04) on treason charges over a separatist rally
in April that sparked renewed violence.
Prosecutors said the defendants had participated in the ceremony involving the
hoisting of the RMS flag at the house of FKM leader Alex Manuputty in Kudamati
district, Ambon, on April 25, 2004, to commemorate the RMS's 54th anniversary.
The event triggered three days of riots in Ambon that lasted until April 28, killing at
least 41 people, mostly shot by snipers.
All the defendants were rounded up after the commemoration ceremony or after the
violence had subsided.
Prosecutors said the defendants were charged with being actively involved in
separatist activities since 2001.
The 17 defendants included two civil servants -- Frans Simiasa from the Maluku
governor's office, and Yakobus P. Siwarissa, from the province's education office.
Also on trial were Elisa Wattimena, a retired official from the Maluku agrarian affairs
office, and senior FKM activist Matheus Talakua.
They were guilty of promoting the cause of an independent South Maluku Republic
(RMS), which they claimed had been in existence since April 25, 1950, the
prosecutors said.
The hearing was held in public and proceeded smoothly under tight guard from dozens
of police officers.
In response to the charges under Article 106 of the Criminal Code, Filio Noija, a
defense lawyer from the Ambon Legal Aid Institute, said the 17 defendants would
accept the charges and would not be presenting defense pleas. The judges adjourned
the trial until next week to hear witness testimony.
The Ambon court started the trials earlier this month of FKM secretary-general Moses
Tuwanakotta and the wife of Alex Manuputty, Oly Manuputty. They are facing the
same charges. Their trials resumed on Monday with the hearing of defense pleas.
Wrongful Arrest Claim
Police have been accused of arresting the wrong suspects in the recent attack on a
church in the provincial capital, Palu, which killed a clergywoman.
Police reportedly shot a suspect, Bambang, 27, in the leg and arrested him during a
raid on a house in Moko village, North Lore district, on Thursday (29/7/04). Bambang's
boss, Kamal, 35, was also questioned as a suspect but later released.
According to Kamal, police searched his house in South Palu, on Thursday but found
no firearms or explosives as evidence.
Kamal, accompanied by his wife, Cahyati, and five witnesses, on Friday (30/7/04)
sought legal assistance from the Central Sulawesi office of the Legal Development
and Human Rights Institute (LPSHAM).
LPSHAM director Syamsu Alam Agus said his organization would lodge a protest
with the provincial police for what he said was an "emotional" approach in the hunt for
suspects in the death of Susianty.
The police were "inaccurate" in making a decision, when they declared Bambang and
Kamal suspects in the attack, he said.
"Because the police were emotional in using their firearms too readily, it's hardly
surprising if local people are rather reluctant to give information on renewed attacks,"
Agus added.
The July 18 killing of Rev. Susianti Tinulele, 29, by masked gunmen who stormed the
Effata Presbyterian church in Palu, was the latest in a string of attacks by unidentified
people on Christian targets in Central Sulawesi.
Central Sulawesi Police chief Brig. Gen. Taufik Ridha declined to comment on Friday
on the wrongful arrest accusation.
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