Reflecting the Special Autonomy of Papua Province in the Perspective of Law and Human Rights
Abstrak
The practice of administering the particular autonomy government of the Papua Province seems to be centralized even though the state's policy has given the Special Autonomy status to the Papua Province. It can be proven that the authority regulated in the Special Autonomy Law cannot be adequately implemented because central government intervention is very dominant in carrying out certain authorities. Even though the changes in the legislation from Law No. 21 of 2001 to Law No. 2 of 2021 regarding special autonomy for Papua Province also cannot provide many changes regarding the achievement of special autonomy. The birth of Law No. 2 of 2021 concerning the second amendment to Law No. 21 of 2001 concerning special autonomy for the province of Papua. Provide at least 20 amendments to articles regarding the authority of local government, MRP, DPRK, increase in Papua special autonomy funds, expansion of Papua provinces and districts, and establishment of implementing regional regulations of the Special Autonomy Law. The formation of this regulatory change has not provided a concept for protecting indigenous Papuans, considering the potential for centralization of authority to occur still. In addition, this regulatory change also does not provide an overview of the cultural aspects of the indigenous Papuans themselves, and this can be seen by not involving the MRP, which is a representation of the Papuan people. For example, in article 76, paragraphs 1 and 2 regarding the division of the province and district without involving the MRP as a representative of the indigenous Papuans.
Referensi
a. Book
Dewi Fortuna Anwar, Human Security, An Intractable Problem In Asia, 2001, Quoted Again by Tri Ratnawati, The Expansion of Local Political Regions and Some Selected Issues, Yogyakarta, Student Library, 2009.
Edie Hedratno, Unitary State, Decentralization and Federalism, Jakarta, Graha Ilmu and University of Pancasila Press, 2009.
Philipus M Hadjo, The Position of the Law on Regional Government in the Government System, Surabaya, Legal Paper on the Indonesian Government System Before the Amendment of the 1945 Constitution, 2014.
Papuan People's Assembly, Papua's Golden Gate, Jayapura, MRP Directory, 2016.
Jacobus Pervidya Solossa, Special Autonomy for Papua Elevates the Dignity of the Papuan People Within the Unitary State of the Republic of Indonesia, Sinar Harapan Library, Jakarta, 2006.
Jacques Bertrand, Nationalism And Ethnic Conflict In Indonesia, University Of Toronto Canada, Cambridge University Pers, 2014, Pg 185. Quoted Again By Tri Ratnawati, The Expansion of Local Political Regions And Some Selected Issues, Yogyakarta, Pustaka Pelajar, 2009.
Jakobus Perviddya Solosa, Special Autonomy for Papua Promotes the Dignity of Papuans Within the Unitary State of the Republic of Indonesia, Jakarta, Sinar Harapan, 2005.
Philipus M Hadjon and Tatiek Sri Djatmiati, Legal Arguments, Surabaya, Gadjah Mada University Press, 7th Edition, 2016.
Johnny Ibrahim, Theory and Research Methodology of Normative Law, Malang, Banyumedia, 2010.
Peter Mahmud Marzuki, Introduction to Legal Studies, Kencana, Jakarta, 2016.
GW Paton, Textbook of Jurisprudence, English language book Society, Oxford University Press, London, 1972.
Jimly Asshiddiqie, Indonesian Constitution & Constitutionalism, Revised Edition, Constitution Press, Jakarta, 2005.
Masyhur Effendi, Human Rights in National and International Law, Jakarta, Ghali Indonesia, 1994.
Soedjono Dirdjosisworo, Indonesian Court of Human Rights, Bandung, Citra Aditya Bakti, 2002.
John P Humphrey, Magna Charta Humanity, Peter Davies, Human Rights, Translation, Jakarta, Indonesian Oboe Foundation, 1994.
Sir William O Hart And JF Garner, Introduction To The Law Of The Local Giving And Administration, London, Butterworths, 1973.
Moh.Kusnadi and Bintan R Saragih, State Science, Jakarta, Gaya Media Pratama, 1995.
Ramlan Surbakti, Understanding Political Science, 7th Edition, Jakarta, 2010.
Soehino, Law Studies, Yogyakarta, Liberty Publishers, 3rd Edition, 2000
Winarno Yudho et al, Socio Juridical and Political Aspects of the Implementation of Special Autonomy for Papua after the Constitutional Court Decision, published in collaboration with Konrad Adenauuer Stiftung with the Secretary General and the Registrar of the Republic of Indonesia, Jakarta, 2006
b. Journal/ dissertation
Azmi Muttaqin, Special Autonomy for Papua An Effort to Respond to Conflicts and Aspirations for Independence, Legal Journal, 2015.
Ahmad Murodi, Special Autonomy for Local Political Parties; Policy Analysis of Aceh Government Law Number 11 of 2006 concerning Local Political Parties, PELITA; Journal of Scientific Research, Vol. 19, No. 1, January-June 2019.
Mohammad A. Musa'ad, “Contextualization of the Implementation of Special Autonomy in Papua Province: Perspectives on Government Structure and Authority”, Journal of Studies, Vol. 16, No.2, June 2011, (Jakarta: Secretariat General of DPR RI, 2011).
Mutiara Fahmi, et al, Chaotic Patterns of Relations between Election Organizing Institutions in Special Autonomous Regions, Al-Daulah Journal, Vol. 10, No. 1, April 2020.
Saldi Isra, Amendments to the 1945 Constitution and Its Implications for the Indonesian Constitutional System, in the Journal of HukumRespublikcaFaculty of Law, Lancang Kuning University No.3 Vol.2, (Pekanbaru: October 2002).
Rohim, Nur. 2015. "Optimizing Papua's Special Autonomy in Raising Community Legal Awareness to Defuse Conflict and Violence". Fiat Justisia: Journal of Legal Studies 8 (1).
Raska, Ripta Rarung. 2014. “Special Autonomy for the Special Region of Yogyakarta” Journal of Umy. Accessed From Www.Academia.Edu/8193771/Otonomi_Khusus_Yogyakarta
Rindang Mustikawati, Papua Province Before and After 18 Years of Granting Special Autonomy Funds, Journal of Public Policy, Journal of Public Policy - Vol. 6 No. 2 (2020).
Roy Marthen Moonti, The Nature of Regional Autonomy in the State Administration System in Indonesia, Al-Ishlah Journal: Legal Scientific Journal, Vol. 19 No. 2 November, 2017.
Rusdianto., Principles of National Legal Unity in Formation of Legal Products for Special Autonomous Regional Governments, Surabaya, Law Dissertation at the Faculty of Law, Airlangga University, 2016.
Roni Sulistyanto Luhukay, Rachma Dewi, Centralization of the Central Government Business Licensing Authority in the Mineral and Coal Bill, Al Adl Kendari Journal, Faculty of Sharia IAIN, Volume 13 No 2 July 2020.
--------------------------------, . (2021). Reflection on the Protection of Human Rights in Papua Province. Pro Patria: Journal of Education, Citizenship, Law, Social, and Politics, 4 (2).
------------------------------ Meaning of Forest Utilization in Ensuring Environmental Sustainability in Papua Province, SELISIK Journal - Volume 7, Number 1, June 2021 ISSN:2460-4798 (PRINT) & 2685-6816 (ONLINE).
c. Legislation
1945 Constitution of the Republic of Indonesia
Law No. 23 of 2014 concerning Regional Government
Law No. 21 of 2001 concerning Special Autonomy for Papua Province
Academic Paper of the Special Autonomy Law for Papua Province
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