The Petitioner's legal counsel, Dede Gustiawan, in the preliminary hearing of the judicial review of Article 20 paragraph (1) letter a and letter e and Article 11 paragraph (3) of Law No. 2 of 2021 on the Second Amendment to Law No. 21 of 2001 on Special Autonomy for Papua Province, Tuesday (27/8/2024). Photo by MKRI /Bayu

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JAKARTA, HUMAS MKRI - Chairman of the Papuan People's Assembly (MRP) of Central Papua Province Agustinus Anggaibak filed a petition for judicial review of Article 20 paragraph (1) letter a and letter e and Article 11 paragraph (3) of Law No. 2 of 2021 on the Second Amendment to Law No. 21 of 2001 on Special Autonomy for Papua Province (Papua Special Autonomy Law). Agustinus considered the articles to be contrary to the 1945 Constitution of the Republic of Indonesia and requested the Court to provide a new interpretation of the two articles being tested. The petition is registered under case no. 110/PUU-XXII/2024.

“The Constitutional Court needs to provide a new interpretation of these articles as far as the approval of candidates for governor and deputy governor and the determination of candidates for regent/deputy regent and mayor/deputy mayor from the elements of indigenous Papuans proposed by the regional head election organizers with new norms that are different from the previous norms,” said the Petitioner's legal counsel, Dede Gustiawan in the preliminary hearing on Tuesday, August 27, 2024.

The Petitioner explained that with the enactment of the Papua Special Autonomy Law, the provisions of Article 20 paragraph (1) letter a, which regulates the recognition of the duties and authority of the MRP, states that the MRP gives “consideration” and “approval” to the candidates for governor and deputy governor proposed by the regional head election organizer. Whereas the provisions of Article 20 paragraph (1) letter e along with the General Elucidation of the Papua Special Autonomy Law states, “MRP gives consideration to the DPRP, Governor, DPRK, and Regent/Mayor on matters related to the protection of the rights of Indigenous Papuans.”

Furthermore, the General Elucidation of Article 20 paragraph (1) letter e states, “What is meant by consideration includes the MRP's consideration to the DPRK in terms of determining candidates for Regent/Deputy Regent and Mayor/DeputyMayor.”

According to the Petitioner, the provisions of Article 20 paragraph (1) letter e of the General Elucidation of the Papua Special Autonomy Law contain vague norms, and there is a lack of clarity of content with the provisions of Article 20 paragraph (1) letter a which emphasizes the consideration of the MRP in terms of determining the candidates for regent/deputy regent and mayor/deputy mayor proposed by the election organizer.

This, the Petitioner said, would certainly lead to multiple interpretations for both election organizers, in this case, the General Election Commission (KPU) and the MRP, in providing consideration and approval of candidates for regent/deputy regent and mayor/deputy mayor in the implementation of the duties and authority of the MRP.  In addition, the provisions of Article 20 paragraph (1) letter a and letter e are not in line with Article 12 of the Papua Special Autonomy Law, which states, “Those who can be elected as Governor and Deputy Governor are Citizens of the Republic of Indonesia with the requirements of (a) Indigenous Papuans.

According to the Petitioner, it will certainly have the potential to limit and even reduce the duties and authority of the MRP to provide consideration and approval of candidates for regent/deputy regent and mayor/deputy mayor of Indigenous Papuans at the district/city level in Papua Province. The unclear constitutionality of the content of paragraphs, articles, and/or sections in the Papua Special Autonomy Law has limited and reduced the constitutional right of Indigenous Papuans to submit themselves as candidates for regent/deputy regent and mayor/deputy mayor proposed by the election organizers at the district/city level in Papua Province has in fact caused constitutional losses.

In its petitum, the Petitioner requested the Court to declare Article 20 paragraph (1) letter a and letter e of the General Explanation of the Papua Special Autonomy Law conditionally constitutional. This means that it is constitutional insofar as the duties and authority of the MRP to give consideration and approval to the candidates for governor and deputy governor proposed by the regional head election organizers as follows: MRP gives consideration and approval to the candidates for governor and deputy governor, regent/deputy regent and mayor/deputy mayor from the indigenous Papuan element proposed by the organizer of the regional head election.

This also includes Article 11 paragraph (3) of the Papua Special Autonomy Law, which is conditionally constitutional. This means that the constitutional provisions regarding the procedures for the election of governors and deputy governors are regulated in accordance with the provisions of laws and regulations as follows: Provisions regarding the procedures for the election of governors and deputy governors, regents/deputy regents and mayors/deputy mayors are regulated in accordance with the provisions of laws and regulations.

Justices’ advice

Justice Enny Nurbaningsih led the panel hearing, which was accompanied by Justice Arief Hidayat and Justice M. Guntur Hamzah. The Justices emphasized the petitioner’s legal standing as the chairman of MRP. Justice Arief questioned whether the chairman could represent the institution in filing a case to the Court.

“As a chairman, do you have the mandate or not, it must be clear,” Justice Arief said.

According to Justice Arief, before the Petitioner explains the constitutional losses suffered as a result of the articles being tested, the Petitioner should be able to clearly describe its legal standing. If so, the Petitioner can explain the reasons for the petition by detailing the causality (causal verband) between the loss of constitutional rights and/or authorities and the law being petitioned.

Author: Mimi Kartika.

Editor: Nur R.

PR: Raisa Ayuditha Marsaulina.

Translator: Rizky Kurnia Chaesario (NL)

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.

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