Manokwari DPRD Leaders Join Petition against Tambrauw Law
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Constitutional Justice Daniel Yusmic P. Foekh opening the panel petition revision hearing of the judicial review of Law No. 14 of 2013 on the Formation of Tambrauw Regency in West Papua Province, Wednesday (12/14/2022). Photo by MKRI/Ifa.


Wednesday, December 14, 2022 | 15:05 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Law No. 14 of 2013 on the Amendment to Law No. 56 of 2008 on the Formation of Tambrauw Regency in West Papua Province on Wednesday, December 14, 2022. The petition was filed by Manokwari regent and vice regent Hermus Indou and Edi Budoyo.

At this second hearing, legal counsel Emilianus Jimmy Ell conveyed that new Petitioners had been added. Initially, they were Manokwari regent and vice regent. In the revised petition, the Petitioners are the chairman and first and second deputy chairmen of Manokwari DPRD (Regional Legislative Council), Yustus Dowansiba, Norman Tambunan, and Bons Sanz Rumbruren. The Petitioners also added an elaboration of their legal standing, the background of the petition, and the touchstones.

“We have revised the touchstones from Article 18B paragraphs (1) and (2), Article 28D paragraph (1), Article 28I paragraph (3), and Article 28I paragraph (4) of the 1945 Constitution to Article 18B paragraphs (1) and (2), Article 28D paragraph (1), and Article 28I paragraph (3) of the 1945 Constitution,” he explained virtually before Constitutional Justices Daniel Yusmic P. Foekh, Saldi Isra, and M. Guntur Hamzah.

Proof of People’s Aspirations

Constitutional Justice M. Guntur Hamzah questioned and asked for the proof of the aspirations of the community in the four districts in question, who were also the object of a similar case No. 127/PUU-XVII/2009. This time, the Petitioners also wis that the four districts in Tambrauw be returned to Manokwari.

“The Court received proof of aspirations of the community in the four districts, as [the transfer of districts] from Manokwari to Tambrauw was based on the people’s aspirations. Now the Petitioners wish [the districts] be returned to Manokwari based on a Law. So, please show this proof, whether the four districts wish for it, since this is one of the [important] points at this hearing,” he explained.

Ell asserted that manipulated witness testimonies used as proof at the hearing in question has been reported to the authorities. The Petitioners also submitted the proof of the report at this hearing.

Also read: Manokwari Regent Requests Four Tambrauw Districts Be Returned

The petition No. 115/PUU-XX/2022 on the judicial review of Law No. 14 of 2013 on the Amendment to Law No. 56 of 2008 on the Formation of Tambrauw Regency in West Papua Province was filed by Manokwari regent Hermus Indou and West Papua DPRD leaders Yustus Dowansiba, Norman Tambunan, and Bons Sanz Rumbruren.

They challenge Article 3 paragraph (1) and Article 5 paragraph (1) of the Tambrauw Law. Article 3 paragraph (1) of the Tambrauw Law reads, “Tambrauw Regency shall originate from parts of Sorong Regency and part of Manokwari Regency, which consist of the following areas: a. Fef District, b. Miyah District, c. Yembun District, d. Kwoor District, e. Sausapor District, f. Abun District, g. Amberbaken District, p. Kebar District, i. Senoi District, j. Mubrani District, and k. Moraid District.”

Article 5 paragraph (1) of the Tambrauw Law reads, “Tambrauw Regency shall have the regional boundaries: a. To the north it is bordered by the Pacific Ocean. b. To the east it is bordered by Wariki Village, Kasi Village, Sidey District, Manokwari Regency, and Meifowoska Village, Testega District, Arfak Mountains District. C. To the south it is bordered by Aifam Village, East Aifat District, Yarata Village, North Aifat District, Seya Village, Mare District, Maybrat Regency, and Inofina Village, North Moskona District, Teluk Bintuni Regency. D. To the west it is bordered by Asbaken Village, Makbon District and Sailala Village, Sayosa District, Sorong Regency.”

The Tambrauw Law transferred Amberbaken, Kebar, Senopi, and Mubrani Districts from Manokwari Regency to Tambrauw Regency, which the Petitioners alleged had restricted the aspirations of Meyah and Mpoor ethnic groups as owners of the customary land who live in those four districts, while they don’t share common ethnicity, language, culture, and customs with people in the other six districts: Fet, Sausafor, Kwoor, Abun, Yembun, and Miyah. Therefore, the Petitioners argued, the articles are in violation of Article 18B paragraphs (1) and (2), Article 28D paragraph (1), Article 28I paragraph (3), and Article 28I paragraph (4) of the 1945 Constitution.

In their provisional petitum, the Petitioners requested that the Court order the president and the House of Representatives (DPR) to delay the discussion and ratification of the bill on the formation of Southwest Papua Province until the Court ruled on this petition.

“The territory shift as a result of the proliferation has also resulted in a shift in the customary rights of indigenous peoples. For this reason, the Petitioners appeal to the Court to return four districts—Amberbaken District, Kebar District, Senopi District, and Mubrani District—to Manokwari Regency.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/16/2022 06:53 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.


Wednesday, December 14, 2022 | 15:05 WIB 201