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Constitutional Court (MK) held preliminary trial of judicial review on Act 21/2001 Papua Special Autonomy, Monday (11/17). The Plaintiffs are Lenis Kogoya and Paskalis Netep from Papua Customary Society.

 

Values reviewed is Article 6 verse (2) Act 21.2001 which says Papua Regional Parliament (DPRP) comprises of chosen members and inaugurated based on regulation. Article 6 paragraph (4) Act 21/2001 says, “DPRP members are one quarters from Papua DPRD as determined in regulation.”   

 

“DPRP members may be inaugurated through perdasus, but it does not adjudicate 2004-2009 membership. As result, DPRD inauguration was failed to take place,” Lenis Kogoya said.

 

Besides, provision in Article 6 paragraph (4) Papua Special Autonomy Act should have been adjudicated  DPRP membership for 2009-2014 term.

 

“Otherwise, should the one quarter DPRD membership was inaugurated, it is deemed valid. Thus, every legal action taken for 2009-2014 term, which is conducted on behalf of DPRP as determined in Article 7, is flaw and crippled,” Lenis said.

 

“DPRP inauguration is performed due to the low number of Papuans who occupied DPRD seats. Therefore, in many policy Papuans remain disrespected and unprotected. Even worse Papuans were threatened on their own land,” Lenis retained.   

 

Responding Plaintiff’s argument, Constitutional Justice Aswanto said, “You are not mentioning which Article harmed Constitution 1945 touchstone. Although, you’ve marked Article 24 Constitution 1945, but it is not being elaborated in any page” Aswanto said.

 

Meanwhile, Constitutional Justice Wahiduddin Adams suggested the Plaintiff to flaunt their Petition. He questioned the Plaintiffs’ identities. “You must accentuate that you really represent Papuan Customary Society,” Wahiduddin said.

(Nano Tresna Arfana/kun)

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