Jayapura – The Constitutional Court on Wednesday, August 31, 2022, read out its decision in the case of reviewing Law No. 2/2021 on the Second Amendment to Law No. 21/2001 on Special Autonomy (Otsus) for Papua filed by the Papuan People's Assembly (MRP). The Constitutional Court rejected the Papuan People's Assembly's please entirely.

The MRP filed a request for a judicial review of Article 6 paragraph (1) letter (b) and paragraphs (2,3,4,5 and 6), Article 28 paragraphs (1,2 and 4), Article 38 paragraph (2), Article 59 paragraph (3), Article 68 a paragraph (1), Article 76 paragraphs (1,2 and 3), and Article 77 of the new Otsus law. The case was registered with case number 47/PUU-XIX/2021.

In its decision, the Constitutional Court held that Article 6 paragraph (1) letter (b), paragraphs (2,3,4,5 and 6), Article 28 paragraphs (1,2 and 4), Article 38 paragraph (2), Article 59 paragraph (3), Article 68 a paragraph (1), Article 76 paragraphs (1,2 and 3), and Article 77 did not cause injustice, legal uncertainty, and discrimination against Indigenous Papuans. Thus, all of the above articles are declared not contrary to the 1945 Constitution.

Therefore, the Constitutional Court declares that the MRP's petition is not legally grounded in its entirety. The Court said the MRP also did not have legal standing to apply for Article 38 paragraph (2), Article 59 paragraph (3), Article 76 paragraphs (1,2 and 3) and Article 77 of the New Papua Special Autonomy Law.

The Court the MRP could not explain the alleged loss of constitutional rights, whether actual, specific or at least potential, as well as the causal relationship between the alleged loss of the applicant's constitutional rights and the enactment of the norms of the articles of the New Papua Special Autonomy Law.

"The other matters and the rest cannot be considered further because they are seen as irrelevant. The [Constitutional] Court hereby rejects the petition of the petitioner," said the Chairman of the Constitutional Court Anwar Usman when reading out the verdict.

Source: https://en.jubi.id/constitutional-court-rejects-all-pleas-in-judicial-review-of-new-otsus-law