Petitioners’ attorney Habel Rumbiak in the petition revision hearing of the judicial review of Law No. 21 of 2001 on the Special Autonomy for the Papua Province, Monday (23/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 21 of 2001 on the Special Autonomy for Papua Province was held by the Constitutional Court (MK) on Monday afternoon (23/9/2019). On the occasion, we will conduct a review related to the profession of the Petitioners. In a written request the capacity of the Petitioners as leaders of political parties, we renvoi as private employees, "said Abel Rumbiak as the applicant\'s legal counsel.

The Petitioners revised their legal standing. They felt disadvantaged by the uncertainty of amended Article 28 paragraphs (1) and (2). The amendment was for the implementation of special autonomy, previously only for the Papua Province, then also applied in the West Papua Province. The Petitioners also revised their power of attorney, in relation to their positions.

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 their 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 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. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti