Camelia Pasandaran – A controversial nationalist organization got its way on Monday when the Constitutional Court approved part of its judicial review request on the number of legislators allowed in the Papua Legislative Council.
Barisan Merah Putih, or Red and White Civil Militia, which has been accused of human rights abuses in Papua and of violence during East Timor's independence vote, sought a review of the 2001 Law on Special Autonomy for Papua Province, arguing that the law led to poor representation of the province's original residents, the tribal groups.
The court found merit in the request. Court chief Mahfud MD said the current 56 members voted to the Papua Legislative Council (DPRD) for the 2009-14 period were "legitimate based on the law," but that an additional 11 councilors should be elected.
Ramses Ohee, head of Barisan Merah Putih, admitted to paying a Rp 85 million ($9,000) bribe to win the case after a man who identified himself as "Mahfud" phoned him and asked that he transfer the money into a bank account owned by Riska Handayani, whom the caller claimed was his wife. The caller turned out to be a fake.
Asked in court by Mahfud why he trusted the person, Ramses said that he was from Papua and would do anything to win a case for Papuans.
The 2001 Papua Autonomy Law allows for 25 percent more councilors than other provinces to better reflect the cultural diversity of the region. It rules that 45 councilors are directly elected while 11 others are appointed as representatives by local groups.
The ruling is another black eye for the much criticized General Elections Commission (KPU), which last year decided to allocate all the seats on the council through direct elections.
Akil Mochtar, another judge, said the decision by the KPU was "beyond its authority and in breach of the Constitution."
Ramses said he was pleased with the decision and that it would bring peace to Papuans. "We harvest what we've planted," he said. "The ruling is God's voice to save indigenous Papua people. There will be no conflict because those who are loved by our people will be at the legislative council."
But Sebby Sambom, an activist working for Papuans, questioned the court ruling, saying the move was an attempt by the militia, which he alleged was close to the military, to gain more power. He said most of the DRPD members were already of Papuan origin.
Mualimin Abdi, legal head of the Home Affairs Ministry, said the government had to respect the decision of the court. "It is now for the local people and governor to conduct a meeting to draft a special regional regulation," he said. "The ruling is meant for the Papuan people to participate in their region's development."