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Expert Djohermansyah Djohan for the Petitioners in the judicial review hearing of the Special Autonomy for Papua Province, Tuesday (17/12) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Regions given special autonomy by the law may be asymmetrically decentralized, not symmetrically, meaning that the authority given by the state may be extraordinary. This means that those regions may be more special and different from other regions, in terms of political, economical, cultural, fiscal, administrative, and party autonomies.

This was conveyed by local politics and regional autonomy expert Djohermansyah Djohan presented by Chairman and Secretary General of the United Papua Party Krisman Dedi Awi Janui Fonataba and Darius Nawipa in the judicial review hearing of Law No. 21 of 2001 on the Special Autonomy for Papua Province. The hearing of case No. 41/PUU-XVII/2019 was in session in the Plenary Courtroom of the Constitutional Court. In their petition, the Petitioners challenge the phrase “political party” in Article 28 paragraph (1) of the Papua Province Special Autonomy, which they considered unconstitutional.

Djohermansyah further explained that a political party issue pushed by the people is closely related to the granting special autonomy to resolve conflicts peacefully and with dignity. In addition, he added, it is a concession so that turbulent resistance can be stopped by granting authority and fiscal decentralization by the Central Government and local government institutions in accordance with local wisdom, including through a regional head election (Pilkada) system that is different from the regional election in other regions.

"Likewise, the formation of political parties opened space to accommodate local identity, and the transformation of separatist groups from armed physical fighters in the forests to a democratic struggle that glorified humans in regional elections, legislative elections, DPR RI offices, and regional government," said Djohermansyah before a hearing presided over by Chief Justice Anwar Usman accompanied by other eight constitutional justices. 

Based on Local Culture

According to Djohermansyah local political parties not only resolve conflicts with separatist groups, but also help develop local democracy. This also can strengthen national democracy. Politics starts locally because there is no strong national political structure if the local one is weak. In fact, Djohermansyah explained, if the national politics is weak, the state will be left behind on the international politics.

"In the context of developing local democracy, political parties in Papua will be beneficial to develop democratic life based on local culture," Djohermansyah explained. 

In the previous session, the Petitioners 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 Petitioners 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.  (Sri Pujianti/NRA)

Translated by: Yuniar Widiastuti

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