The Revision of the Special Autonomy Law Must Address Basic Problems in Papua

It is hoped that the revision of the Papua Special Autonomy Law is able to answer all problems in the land of Papua. This is so that people in Papua and West Papua can experience equitable development.

The revision of Law Number 21 of 2001 concerning Papua Special Autonomy is expected to be a solution to various basic problems in Papua and West Papua Provinces. This is so that these regulations can become the main pillars for the welfare of the people in the two provinces.

That was the conclusion raised in a webinar organized by the Center for Regional Autonomy Studies, Faculty of Law, Christian University of Indonesia (Puskod UKI) entitled “Special Autonomy for Papua: Evaluation and Breakthrough”, Wednesday (24/2/2021).

Head of Puskod UKI Teras Narang views that there are still some fundamental problems in Papua and West Papua, such as differences in understanding of the history of Papua and West Papua, issues of human rights, development and marginalization, as well as regarding the management of human and natural resources.

In his opinion, according to the views of Roscoe Pound, a legal thinker and academician from the United States, the two-decade revision of the Special Autonomy Law (UU Otsus) is expected to encourage the renewal of life in Papua. “This revised regulation must be able to move people’s lives and national life within the framework of the Unitary State of the Republic of Indonesia,” said Teras.

Teras said, this webinar aims to provide academic discourse as well as formulate views in contributing to the revision of the Papua Special Autonomy Law.

He argues, the theory of the Three Law Values of the philosopher Gustav Radbruch is relevant in the revision of the regulation. Therefore, it must be ensured that the revision of the Papua Special Autonomy Law provides three things for the Papuan people, namely justice, certainty and benefits.

The DPD RI member from Central Kalimantan also added that the subsequent disbursement of special autonomy funds must be ensured to be able to accelerate development so that Papua is equal to other regions in Indonesia. For this reason, continued Teras, increasing the capacity of human resources is also important, especially those in priority sectors, such as education, health, and the people’s economy.

The same thing was conveyed by Vience Tebay, a speaker from Cenderawasih University in Papua. He revealed that there are different perceptions between the central government in Jakarta and the general view in the Papuan community about the special autonomy fund.

“The central government considers that there has been success in special autonomy in Papua. On the other hand, many people think that the special autonomy fund has failed because the basic problems in Papua and West Papua have not been answered for 20 years, ”said Vience.

He acknowledged that there has been an impact on infrastructure development in Papua in recent years. However, this is considered to have not answered basic problems, such as historical straightening, human rights issues, the highest inflation rate, the highest cost of living in Papua and West Papua, poverty, and the prevalence of HIV disease.

Vience also hopes for a breakthrough so that Otsus can answer basic problems in Papua, including by giving authority to local governments. This is because so far it seems that the central government provides the budget through the special autonomy fund, but the regional authority is inadequate.

There is a need for transparent financial management so that the community can be involved in overseeing development.

“In autonomy, it is necessary to understand the principle of autonomy. The principle of autonomy is to give government affairs that were centralized to the regions and given special rights to assign authority according to regional potential and uniqueness, ”said Vience.

Meanwhile, the Head of the Regional Office of the Ministry of Law and Human Rights for Papua, Antonius Ayorbaba, said the challenge that must be answered is how to make Papua feel part of Indonesia, and vice versa, Indonesia can understand Papua.

He considered the need for transparent financial management so that the community could be involved in overseeing development. Antonius also hopes that local governments in Papua and West Papua can make a breakthrough with the special autonomy fund.

On this occasion, legal practitioner and academician, Blucer W Rajagukguk, also considered that the special autonomy fund should be continued. However, the special autonomy funds were also not fully provided in the form of cash or regional transfers.

According to him, the central government can provide the special autonomy budget in the form of physical infrastructure, such as road transportation, which increases accessibility, connectivity, employment opportunities, and accelerates human and economic development. This is expected to improve the welfare and progress of the Papuan people.

Blucer also reminded that the mandate of the Special Autonomy Law to the Provincial Governments (Pemprov) of Papua and West Papua to prepare 12 special perdas (perdasus) and 19 provincial perda (perdasi) has not been completed. In fact, in the derivative regulations that have not been drafted, there are regulations related to the management of the special autonomy fund which include regional authority, the Perdasus on Social Monitoring and the Perdasus on the Ad Hoc Law Commission.

“Based on the results of the 2019 BPK (Supreme Audit Agency), it was revealed that the Papua Provincial Government has not compiled and stipulated three perdasus and three perdasi, while the West Papua Provincial Government has not compiled and determined as many as four perdasus and 12 perdasus,” he said.

Source: Kompas

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