Jakarta/Papua/Denpasar – Experts have finally begun to step up criticism of the government for violating its own laws on Papua, saying that it would only spark further legal uncertainty and become a divisive issue for the people, especially the residents of Papua.
Constitutional law expert Sri Soemantri asserted that the government could not just arbitrarily enact Law No. 45/1999 on the division of Papua, then known as Irian Jaya, into three provinces, without taking into consideration Law No. 21/2001 on special autonomy for Papua, which is obviously more recent legislation.
"From a legal point of view, the law on special autonomy for Papua has stronger grounds than the previous legislation," Soemantri stated.
He was responding to the government's decision to inaugurate Central Irian Jaya province last week. The government has since decided to delay further division of Papua until security is ensured.
"I understand that the delay was made after our leaders got wind of the socio-cultural and political developments there," Soemantri said, referring to the ongoing bloodshed in Timika between several thousand supporters and opponents of the creation of Central Irian Jaya province. Four people have been killed in the violence as of Thursday.
"For the sake of legal certainty, however, the government cannot partially enforce a regulation because it will only create more confusion," he said, suggesting that the government postpone or drop the plan to split Papua into smaller provinces all at once.
President Megawati Soekarnoputri earlier this year issued Presidential Instruction (Inpres) No. 1/2003 to accelerate the formation of West and Central Irian Jaya provinces. The instruction was meant to make inactive Law No. 45/1999 active, after it was suspended under the administration of former president Abdurrahman Wahid due to massive popular opposition in the province.
The President's decision has come under fire for ignoring Law No. 21/2001 which legally defines the establishment of a Papua People's Assembly (MRP), an institution which the government must consult on any important decision regarding the province, including one such as splitting it up.
"There should have been no decision to divide Papua before the government had established the MRP," Soemantri stressed.
So far, the government has been reluctant to form the MRP and repeatedly suggested that the decision-making power of the MRP be reduced on grounds that it "is not a political institution." "I suggest the government set up a team to review all regulations which are inconsistent or contradictory with Law 21/2001 as the latest legislation," Soemantri, a professor from Bandung's Padjadjaran University, emphasized.
Ryaas Rasyid, who said he does eventually support the split of the province, was one of the experts who helped write the autonomy laws. Ryaas concurred with Soemantri, however, and urged the government to delay its plan until it had evaluated all contradicting regulations on Papua.
Meanwhile, Marthen Ferry Kareth, a legal expert from the Papua-based state Cendrawasih University, said the government was out of line when it alleged that the Papuan people were planning to manipulate the special autonomy status and the MRP to aid in the independence struggle.
"We are loyal to the unitary state of Indonesia. If the government finds a violation in the way we implement the law, they can take stern measures," Marthen said.
Minister of Home Affairs Hari Sabarno denied accusations that the partition of Papua was aimed at breaking up and segregating Papuan people.
The retired Army general claimed that the division of Papua province was needed to increase the local government's administrative ability and improve its public services as well as to empower local human resources in the government sector.
"By dividing Papua, the central government hopes to shorten the chain of bureaucracy on the vast but lightly populated island. A shortened chain of control and bureaucracy is in accordance with the spirit of regional autonomy," Hari opined after swearing in Dewa Made Beratha as the Bali governor for another five-year term in Denpasar, Bali on Thursday.