Petitioner’s attorney Habel Rumbiak reading out the subject of the petition in the preliminary material review hearing of Law No. 21 of 2001 on Special Autonomy for the Papua Province, Monday (9/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The preliminary judicial review hearing of Law No. 21 of 2001 on the Special Autonomy for Papua Province was held by the Constitutional Court (MK) on Monday afternoon (9/9/2019). The Petitioners are Chairman and Secretary General of the United Papua Party Krisman Dedi Awi Janui Fonataba dan Darius Nawipa. They requested the judicial review of the phrase partai politik (“political parties”) in Article 28 paragraph (1) of the a quo law that reads, “The population of the Papua Province shall be entitled to form Political Parties.”

The Petitioners of case No. 41/PUU-XVII/2019 conveyed that his constitutional loss started from a concrete case when the General Elections Commission (KPU) of Papua Province denied their political party from participating in the 2019 legislative election and the Ministry of Law and Human Rights annulled the Decree of the Ratification of the United Papua Party as a legal entity.

"The reason for the Papua Provincial KPU’s refusal to conduct verification was because there is no legal provision that explicitly regulates local political parties in Papua Province. The establishment of the United Papua Party is a manifestation of citizens’ human rights protected by the Constitution, that is, freedom of assembly, association, and expression. Therefore, it must be given space by the laws and regulations under [the law], including the Papua Special Autonomy Law," said the Petitioners’ attorney Abel Rumbiak. 

The Petitioner explained that initially in the Papua Special Autonomy Bill Article 28 paragraph (1) had been intended to protect the local population in Papua so that they would always be represented in the legislative body in the Papua Province. Because Papua Province of was finally given special autonomy based on the Papua Special Autonomy Law, according to the Petitioners, the political parties concerned were local political parties. Apart from the fact its support is solely in Papua Province, the main reason is that the legal basis is special in accordance with the legal principle lex specialis derogat legi generalis. 

Constitutional Justice I Dewa Gede Palguna suggested that the Petitioners revise their legal standing. "The Petitioners should be clearer about their legal standing. Emphasize that the petition was submitted on behalf of individuals or political parties," he said.

Constitutional Justice Arief Hidayat explained that the judicial review would have implications for the Political Party Law and the Election Law as well. He requested that the Petitioners take this into account. "Try to review it comprehensively, because if we [do this], the consequence is that the Political Party Law [and] the Election Law will also change," he said.

The panel of justices gave the Petitioners 14 working days to revise the petition, which must be submitted by Monday, September 23, 2019 at 13:30 WIB. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti