Law No 21 Of 2001 on Special Autonomy for the Papua Province Should Become the Main Object of the Legal Reform

The Government had launched a series of Legal Action against various illegal activities took place in the society and it was reported the result of this legal action were satisfy with a big number of illegal activities were crushed.

The series of the legal action implemented within the last period of working time had been a part of the Legal Reform Agenda decided by the Government to maximize the support to the National Development Program. Coordinating Minister for Political, Legal and Security Affairs, General Wiranto after attending the special meeting concerning this matter said in the State Palace on January 17, 2017.

General Wiranto said, based on the success of the series of the Legal Action in the last period of working time, the Government decided to launch the Second Series of Legal Action as the further action of the Legal Reform, comprising of : There are about 41 thousand Laws or Regulations that are still existing in the society and manipulated by various individual for various objectives, though in fact most the Law or the Regulation are no more valid, Chief of BIN reported this problems to the meeting.
This information was not completed with action needed to select which parts should be deleted and which parts that should be amended. It is likely expected the Legal Community will give their share of action.

To broaden the benefit of the Law as the important aspect of the people life to give the maximum benefit to the societies. This is important to reject the hoax that said genocide had happened and human rights abuse to have happened in the society. To strengthen the effort to establish the national security, peace and order and the secure feeling among the society. Law has to be used  to protect all the citizen so they will feel safe and secure.
 
The Government decision to implement a series of the Legal Action in the frame work of the Legal Reform Agenda is definitely important policy realizing all the implementation of the People's Daily Life and the National Development to be protected on the basic of interest of the People's Daily Life and the National Development Concern. It is also to show the world that Indonesia has been run democratically and seriously respecting highly the Human Right.

Definitely the Legal Reform is not likely just concerning the problem happens in the security but it is covering the problem of all aspect of the National Development, namely the Political, Economical, Social and Defense and Security matters, comprising of : Law on General Election, Law on Tax, Law on Mass Organization and Law on Training of to Safe the Country.
 
This article is especially made to remind the Coordinating Ministry for Political, Legal and Security Affairs on be half of The Government to the Law No 21 Of 2001 On The Special Autonomy for The Papua Province to be considered as the Law that should be reformed/amended urgently.

This policy is clearly necessary because Law No 21 Of 2001 on the Special Autonomy for the Papua Province is considered necessary to be amended and perfected so that the development of Papua can be done objectively and orderly.

Politically the reform of the Law No 21 of 2001 On The Special Autonomy for  Papua Province is to respond to the Evaluation concluded by the Government that the Law No 21 Of 2001 should be  perfected because the existing of Law No 21 Of 2001 On The Special Autonomy for the Papua Province did not reach the goals as it was intended. The Law No 21 Of 2001 on the Special Autonomy for Papua Province was established when Papua Province was still one Province of the Papua Province, because though The Provinceof West Papua was founded on 2001 but this Province was just active in the year of  2003.

The decision to reform Law No 21 Of 2001 On The Special Autonomy for the Papua Province and West Papua Province politically affected the implementation of the development in the Papua Province and West Papua Province now have run in slow movement,  to wait the new Law on the Especial Autonomy of Papua and The Province of West Papua.

The decision made to amend Law No 21 of 2001 on the Special Autonomy for Papua in the year of 2015 apparently has affected not processed smoothly in the House of Representatives. The bill on the proposal to amend the Law No 21 Of 2001 apparently did not include in the List of the Legislative Program of the House of Representatives in 2016. The idea to amend the Law No 21 of 2001 on the Autonomy for Papua is unlikely considered as urgent amendment.

Law No 21 of The Year of 2001 on the Special Autonomy for the Papua Province was published in 2001 by President Megawati. The amendment of this Law is really urgent because it has been indirectly influence the development of the political and security of this province.

Observation and Evaluation

From it structures and contents it is apparently Law No 21 of 2001 on Special Autonomy for Papua Province various Observer  definitely consider as one of the best Law may be ever made by the Government of Indonesia. The implementation of Law No 21 of 2001 will make the Papuan really feel to manage Papua in line with the Papuan will within the political umbrella of the Republic of Indonesia.

After more ten years since the Enaction of Law No 21 of 2001  precisely since 2001 until 20014 the implementation of Law No 21 of the year of 2001 though it has been running good, but apparently The Government evaluated that the sense of the implementation of Law No 21 of 2001 has not been reached, namely to make the life of Papuan equal to the life of the people of other Provinces in East Indonesia has not reach the goal.

Meanwhile the Central Government in its effort to catch up the lack of Law No 21 of 2001 has been made through various researches and discussions and it were found that several number of element of Law No 21 of 2001 on Special Autonomy for the Papua Province should be perfected. In 2015 the bill of Law on the amendment of Law No 21 of 2001 was made and to be submitted to the House of The Representatives in Jakarta.

Unfortunately this bill was still on the line of waiting list to be put in the National Legislatives Program. Clearly the bill of the Law on Special Autonomy for the Papua Province and West Papua Province are not included in the National Legislative Program of 2016.

This is one of serious issue that could be manipulated by the separatist group in Papua to describe as the zero promise saying that the Government of Indonesia will develop Papua as promised by every leaders coming from Jakarta when they made visit to Papua.
   
Likely all the members of the Cabinet and the members of the House of Representatives are necessary to pay the serious attention to  this issue because the development of Papua based on the new Law on Special Autonomy for the Papua and West Papua Province would  have the serious impact to the political and security of Papua now and even  the political and security in the future time.

As The Republic of Indonesia is considered progressing or not it was always measured from its development and in Papua the development of the infra structure is believed to become the mark of progress of the development in Papua. But unfortunately the amendment of Law No 21 of 2001 on special autonomy of Papua Province became the crucial reason in describing this giant project. The development of infra structure is definitely giant development construction, so it is said to need the clear basic law for this giant construction.

Political Situation of Papua and its Prospect

The problem of Papua for many years are the security disturbances launched by The Freedom-Movement for the West Papua/OPM. This security disturbance had been for many years since 1960 affected  the whole Papua was not safe. But now likely he new cadrea of insurgences are decreasing, so the power of OPM decreasing. OPM now is only active in small units of armed group, though they are professional in guerilla warfare.

The activities of separatist group moves to the City and town done by the KNPWB (National Committee to support the United Liberation for West Papua and by ULMWP in international forum through the political activities such as demonstration, riot and labour strikes.
 
This situation tend to create the situation of Papua are safe and the national development could be done every where it is intended. With one new Military Area Command in West Papua and one old Military Area Command in Papua Province, the security is believed to be maintained in Papua and West Papua Provinces.     
   
It is the time to show the Papuan that the the Republic of Indonesia is not colonial power as many times called by the separatist group in Papua with the implementation of the tremendously national development in Papua and West Papua Province.

For the Government of Indonesia it is the time now to develop Papua and West Papua Province to act and to win the heart of the Papuan. Some indications are indicating the condition of the separatist are weakening.

There have no any strong organization that lead the struggle for their goal. There are various groups with various names but the most popular is the Fredom Movement for the Freedom of West Papua (OPM) under Mathias Wenda (in the Jungle), the National Committee to support the United Liberation Movement for West Papua (Political activity in the City) and United Liberation Movement for West Papua (Internal movement). Their activities are relatively weak.

The Papua called themselves as the Melanesian People but they do not have any language that is considered as the national language. They speak Indonesia. To develop Papua, the Papuan should integrate to Indonesia, because Melanesia countries are generally also economically weak. Until now there is no any figur who considered as the National Leader of the national movement
There is no any strong state supporting country to the freedom movement in Papua. Though there many supporter of Papua in Australia, but officially Papua respects the souverignty of Indonesia over Papua. Australia could never be courage enough openly support the Papuan activist.

The only countries supporting the freedom movement in Papua are the Melanesian countries (PNG, Solomon Vanuatu, and Fidji) and a group of the Island States of the Pacifik. All of this countries are small, poor and weak.

Observers tend to analyze that the chance to win the heart of the people of Papua is till in the arm of the Government of the Republic of Indonesia. The Papuan want to live better they do not know what is the freedom or the independence looked like.
 
Accordingly the total development comprising in both economic development and other aspect of life are the key to win the heart of the Papuan People. This points are indicating the important factor of the Reformation Agenda of the Law of the Special Autonomy of Papua and West Papua Province is important to be finished soon.

The slow response of the Government to the amendment of Law No21 of 2001 on the Special Autonomy for Papua and West Papua Province will be hoaxed as small attention of the Governmentg of The Republic of Indoesia to Papua.

Conclusion

Most of Papuan have understood that the word development has the meaning to improve their welfare and to have better life. That word is not strange for them. And among the Papuan leaders,  activist and educated society they know exactly Law No 21of 2001 On the Special Autonomy for Papua and West Papua means the special support from the Government of The Republic of Indonesia for Papuan to improve their welfare or the better life of Papuan. The Result of the amendment of Law No 21 of 2001 on Special Autonomy of Papua and West Papua Province will influence the future of
Papua and West Papua Province.

The genocide and the abuse of human right happened in Papua is only hoax. The process of amendment of Law No 21 of 2001 on special autonomy for Papua and West Paua is considered urgent. The intensive effort to speed the economic development in Papua is important to stop the hoax against Indonesia and propaganda to influence thed Papuan by the Separatist.

*) Witten by the Political and Security Observer. Lives in Jakarta.