Angela Flassy, Jayapura – President Susilo Bambang Yudhoyono has breached a 2001 on special autonomy for Papua by issuing a 2008 government decree to amend the law, Papuan People's Assembly (MRP) chairman Agus Alue Alua said Thursday.
"The decree violates the special autonomy law, especially the omission of contents," he said. "It's not the government's prerogative to revise the law, it's the right of Papuans, according to Article 77 of the special autonomy law."
The decree, Government Regulation No. 1/2008, was issued on April 16, 2008. It amended two items in Law No. 21/2001 on Special Autonomy.
Article 1(a), which stated Irian Jaya province would officially become Papua province, was replaced with Irian Jaya officially becoming Papua and West Papua provinces. Article 7(a) on the duty of the Papuan legislature to elect the governor and vice governor, was dropped.
Vice President Jusuf Kalla proposed a revision to the special autonomy law in February, but was initially turned down by the MRP, the governor and the Papua legislature. However, they later agreed to implement the revisions through a government ordinance.
"Revising the law is the privilege of Papuans. We agreed on the ordinance, but it must not be revised or substituted," Agus said.
"We later agreed on the government ordinance on the legitimacy of West Papua province, but the government instead issued an ordinance for the revision of Law No. 21. It has been breached from that perspective."
Frans Maniagasi, a member of the Papua working group, said the decree was approved without public approval, either through a referendum or the legislature.
"It shows a lack of goodwill from the government in resolving the Papua issue through special autonomy, including the status of Irian Jaya and West Papua provinces," he said.
He said two viable options were available. The first would be for the governor, legislature and MRP to conduct a study on the decree and prepare a bill on autonomy for West Papua in accordance to Article 76 of Law No. 21/2001.
The second option, he said, would be for the legislature and MRP to submit test materials for a review of the government decree to the Constitutional Court to determine whether the decree violated the 1945 State Constitution and special autonomy law.