Three Bills on Papua Redistricting Completed in 9 Days

KOMPAS/HENDRA A SETYAWAN

Home Affairs Minister Tito Karnavian (right) submits the government's view file regarding the New Autonomous Region Bill (RUU DOB) Papua to DPR Speaker Puan Maharani (center) during the DPR plenary meeting at the Parliament Complex, Senayan, Jakarta, Thursday (30/6). /2022).

JAKARTA, KOMPAS — The target of the House of Representatives to complete the discussion of three bills related to the expansion of provinces in Papua within nine days has been accomplished. At a House plenary session on Thursday (30/6/2022), the three bills were ratified to create new provinces in Papua.

The House and the government claimed the expansion would give hope for the equitable distribution of infrastructure development, economic development and resolving conflicts, especially for indigenous Papuans. However, the discussion, which took place for only nine days, may have created the potential for a lawsuit at the Constitutional Court.

The three new administrative units that have been created from Papua province include South Papua province, Central Papua province and the Papua Highlands province. Each province was formed through a separate law consisting of 23 articles and 10 chapters, among others, regulating area coverage, regional boundaries, capital cities and local governments.

We hope that the equitable distribution of infrastructure and economic development can be carried out fairly in conducting all matters related to the welfare of the people in Papua.

South Papua consists of 4 regencies, Central Papua contains 8 regencies, while the Papua Highlands consist of 8 regencies. The inauguration of the three new provinces and the swearing in of the acting governors will take place no later than six months after the bill is enacted.

"We hope that the equitable distribution of infrastructure and economic development can be carried out fairly in conducting all matters related to the welfare of the people in Papua," House Speaker Puan Maharani said after the plenary session in Jakarta.

She said the formation of the three laws on new autonomous regions had been carried out in accordance with existing mechanisms. The House, she said, would continue to oversee the implementation of the three laws in order to fulfill the hopes, desires and ideals.

"This law can guarantee equitable distribution economically, socially with the existing development in Papua and is beneficial for the Papuan people," said Puan.

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Home Affairs Minister Tito Karnavian claimed the proposal for the expansion of Papua had come from the aspirations of the Papuan people, including regional heads, customary leaders, religious leaders, women’s

leaders, youth leaders and bureaucratic leaders in the three new autonomous regions. President Joko “Jokowi” Widodo and Vice President Ma'ruf Amin heard some views directly during their visits to Papua. Aspirations were also conveyed to delegates who came to Papua, such as the Home Affairs Ministry, and the heads of other ministries or institutions, including party leaders, members of the House and leaders of the House.

According to her, the redistricting policy in Papua was a mandate of Law No. 2/2021 on special autonomy for Papua. The three laws are expected to become a concrete legal umbrella in the implementation of governance. The aim was to accelerate development in order to improve the welfare of the Papuan people.

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Papua Province Map.

Quick discussion

The discussion of the three bills on new autonomous regions was conducted very quickly. The discussion of the bills began on Tuesday (21/6) and received first-level approval on Tuesday (28/6).

The chairman of House Commission II, Ahmad Doli Kurnia Tandjung, said the deliberations on the bills had gone through various stages, namely the discussion of the first level of the House with Committee I of the Regional

Representatives Council (DPD) and the government, the discussion of the problem inventory list, working visits to Papua, then a working meeting of level I of Commission II of the House with the government.

The executive director of the Center for Constitutional Studies at Andalas University, Feri Amsari, said the House and the government had not heard the input of the Constitutional Court regarding the formation of laws that must fulfill the principle of meaningful participation.

Moreover, the Legislation Processes Law was revised after the Constitutional Court's decision was promulgated in May.

"How is it possible for meaningful participation to occur if its formation is accelerated in less than 10 days," he said.

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According to him, the three laws for the new autonomous regions in Papua were very vulnerable to being contested at the Constitutional Court, such as the Special Autonomy Law for Papua which has not yet been decided. The discussion process, which was very fast, could be the entry point for a formal lawsuit, while the substance of the laws for the new autonomous regions in Papua could

be contested materially if the articles were considered detrimental to native Papuans.

In a press conference held by the Humanitarian Coalition for Papua on Thursday, the chairman of the Papuan People's Assembly (MRP), Timotius Murib, said the formation of three new provinces in Papua was not in accordance with the wishes of the people. The basis of the new provinces was Law No. 2/2021 on Special Autonomy for Papua, which was also made without involving much community participation.

Usman Hamid of the Papua Humanitarian Coalition said the new autonomous region bills had been made as Indonesia experienced a slump in democracy. He questioned the intention behind the haste in passing the bills. Moreover, there is currently a lawsuit against the 2021 Special Autonomy Law by the MRP and the Papuan House of Representatives. According to him, the expansion of these three provinces did not go through sufficient sociocultural studies.

This article was translated by Hyginus Hardoyo.