Rabu , 15 February 2017, 19:15 WIB

Papua Province and the Legal Reform

Red: Agung Vazza
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Peta Papua. Ilustrasi.
Peta Papua. Ilustrasi.

By : Soedibyo *)

REPUBLIKA.CO.ID, The Government had launched a series of Legal Action against various illegal activities took place in the society and it was reported the result of this legal action were satisfy  with  a big number of illegal activities were crushed.

The series of the legal action implemented within the last period of working time had been a part of the Legal Reform Agenda decided by the Government to  maximize the support to the National Development Program. Coordinating Minister for Political, Legal and Security Affairs, General Wiranto after attending the special meeting concerning this matter said in the State Palace on January, 2017.

General Wiranto said, based on the success of the series of the Legal Action in the last period of working time, the Government decided to launch the Second Series of Legal Action as the further action of the Legal Reform, comprising of : There are about 41 thousand Laws or Regulations that are still existing   in the society  and manipulated by various individual for various objectives, though in fact most the Law or the Regulation are no more valid. This information was not  completed with action needed  to select which parts  should be revised and amended. It is likely expected the Legal Community will give their share of action. 

The Government decision to implement a series of the Legal Action in the frame work of the Legal Reform Agenda is definitely important policy realizing all the implementation of the People’s Daily Life and the  National Development  to be protected  on the basic of interest of the People’s Daily Life and the  National Development Concern. It is also to show the world that Indonesia has been run democratically and seriously respecting highly the Human Right.

This article is especially made to remind The Government to the  Law No 21 of  2001  on The Special Autonomy for The  Papua  Province to be considered as the  Law  that should be reformed/amended urgently. This policy is clearly necessary because Law No 21 Of 2001 on the Special Autonomy for the  Papua Province is considered necessary to be amended and perfected so that the development of Papua can be done objectively and orderly.

Politically the reform of the Law No 21 of 2001 on The Special Autonomy for  Papua Province is to respond to  the Evaluation concluded by the Government that  the Law No 21 of 2001 should be  perfected because the existing of Law No 21 of 2001 on The Special Autonomy  for the Papua Province  did not reach the goals as it was intended. The Law No 21 of 2001 on the Special Autonomy  for Papua Province was established when Papua Province was  still one Province of the Papua Province, because though The Province of West Papua was founded on  2001 but this Province was just  active in the year of  2003.

The decision to reform Law No 21 of 2001 On The Special Autonomy for the Papua Province and West Papua Province politically affected  the implementation of the development  in the  Papua Province and West Papua Province now have run  in  slow movement,  to wait the new Law on the Especial Autonomy of Papua and The Province of West Papua. The decision made to amend Law No 21 of 2001 on the Special Autonomy for  Papua in the year of 2015 apparently has affected not  processed smoothly in the House of Representatives.  The bill on the proposal to amend the Law No 21 of 2001 apparently did not include in the List of the Legislative Program of the House of Representatives in 2016. The idea to amend the Law No 21 of 2001 on the Autonomy for Papua   is unlikely considered as urgent amendment.

Law No 21 of The Year of 2001 on the Special Autonomy for the Papua Province was published in 2001 by  President Megawati. The amendment of this Law is really urgent because it has been indirectly influence the development of the political and security of this province.

Observation  and Evaluation.

From it structures and contents it is apparently Law No 21 of 2001 on Special Autonomy for Papua Province various observer  definitely  consider as one of the best  Law may be ever made by the Government of Indonesia. The implementation of Law No 21 of 2001 will make the Papuan really feel to  manage Papua in line with the Papuan will within the political umbrella of the Republic of Indonesia.

After more ten years since the Enaction of Law No 21 of 2001  precisely since 2001 until 20014  the implementation of Law No 21 of the year of 2001 though it  has been running good, but apparently The Government evaluated  that the sense  of the implementation of Law No 21 of 2001 has not been reached, namely to make the life  of  Papuan equal to the life of  the people of other  Provinces in East Indonesia has not reach the goal. Meanwhile the Central Government in its  effort to catch up the lack of Law No 21 of 2001 has been made through various researches and discussions and it were found that several number of element of Law No 21 of 2001 on Special Autonomy for the Papua Province should be perfected. In 2015 the bill of Law on the amendment of Law No 21 of 2001 was made and to be submitted to the House of The Representatives in Jakarta.

Unfortunately this bill was still on the line of waiting list to be put  in the National Legislatives Program. Clearly the bill of the Law on Special Autonomy for the Papua Province and West Papua Province are not included  in the National Legislative Program of 2016. Likely all the members of the Cabinet and the members of the House of Representatives are necessary to pay the serious attention to  this issue because the development of Papua based on the new Law on Special Autonomy for the Papua and West Papua Province  would  have the serious  impact to the political and security of Papua now and even  the political and security in the future time. 

The problem of Papua for many years are the security disturbances launched by The Freedom-Movement for the West Papua /OPM. This security disturbance had been for many years since 1960  affected  the whole Papua was not safe. But now likely he new cadrea of insurgences are decreasing, so the power of OPM decreasing. OPM now is only active in small units of armed group, though they are professional in guerilla warfare.

For the Government of Indonesia it is the time now to develop Papua and West Papua Province to act and to win the heart of the Papuan. Some indications are indicating the condition of the separatist are weakening. Accordingly the total development comprising in both economic development and other aspect of life are the key to win the heart of the Papuan People. This points are indicating the important factor of the Reformation Agenda of the  Law of the  Special Autonomy of Papua and West Papua Province is important to be finished soon. 

Most of Papuan have understood that the word development has the meaning to improve their welfare and to have better life. That word is not strange for them. And among the Papuan leaders,  activist and educated society they know exactly Law No 21of 2001 On the Special Autonomy for  Papua and West Papua means the special support from the Government of The Republic of Indonesia for Papuan to improve their welfare or the better life of Papuan.  The Result of the amendment of Law No 21 of 2001 on Special Autonomy of Pap[ua and West Papua Province will influence the future of Papua and West Papua Province. The intensive effort to speed the economic development in Papua is important to stop the hoax against Indonesia and propaganda to influence Papuan by the Separatist.

*) Writer is the political and security observer. Lives in Jakarta.

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