Documentation of relevant legal provisions on Papua’s Special Autonomy
Conference “Autonomy for Papua – Opportunity or Illusion?”, 04-05 June 2003
Selected relevant provisions from the Broad Outlines of State Policy (GBHN) 1999-2004, the Law No. 21/2001 on Special Autonomy for the Province of Papua, the Law No. 45/1999 on the on the Establishment of the Province of Central Irian Jaya, the Province of West Irian Jaya etc. and the Presidential Instruction No. 1/2003 on the Acceleration of the Implementation of Law No. 45/1999
Content
I. Relevant Provisions from the MPR Decree No. IV/1999 on the Broad Outlines of State Policy (GBHN) 1999-2004II. Relevant Provisions from Law No. 21/2001 on Special Autonomy for the Province of Papua
II.1. Provisions concerning the political system
II.2. Provisions concerning finances and economy
II.3. Provisions concerning human rights, social welfare and migration
II.4. Provisions concerning law enforcement and the judicial systemIII. The Question of the Division of Papua
III.1. Relevant Provisions in Law No. 21/2001
III.2. Exerpts from the Presidential Instruction No. 1/2003 on the Acceleration of the Implementation of Law No. 45/1999 (Inpres 1/2003)
III.3. Selected Relevant Provisions from Law No. 45/1999 on the Establishment of the Province of Central Irian Jaya, the Province of West Irian Jaya, the Regency Paniai, the Regency Mimika, the Regency Puncak Jaya, and the City SorongIV. Definition of Terms
I. Relevant Provisions from the MPR Decree No. IV/1999 on the Broad Outlines of State Policy (GBHN) 1999-2004
Chapter IV Policy directions
G. Regional Development
2. In particular– Irian Jaya
a. Maintaining national integration within (di dalam wadah) the Unitary State of the Republic of Indonesia with constantly respecting the equality and diversity of the social cultural life of the people of Irian Jaya through determining a special autonomy region which is regulated with a law.
b. Resolving cases of human rights violations in Irian jaya through the process of trials which are honest and with dignity.II. Relevant Provisions from Law No. 21/2001 on Special Autonomy for the Province of Papua
1. Provisions concerning the political system
Chapter IV: Regional Authority
Article 4
(1) The authority of the Province of Papua shall comprise the authority within all fields of government*, except the authority in the field of foreign policy, defence and security, monetary and fiscal matters, religion and judicature as well as certain authority in other fields determined according to statutory regulations.(6) International Agreements which are made by the [Central] Government which are only related to the interests of the Province of Papua shall be carried out after having obtained the consideration of the Governor and in accordance with statutory regulations.
(7) The Province of Papua may have mutually beneficial co-operation with foreign institutions or bodies, which are stipulated with a joint decision according to the statutory regulations.
(8) The Governor shall co-ordinate with the [Central] Government in matters pertaining to policies concerning the defence layout in the Papua Province.
Elucidation Article 4 (8): The co-ordination which is carried out by the Governor with the [Central] Government is in matters pertaining to the implementation of policies concerning the defence layout in the interest of defending the Unitary State of the Republic of Indonesia and to the implementation of military operations except war in the Province of Papua in accordance with statutory regulations.
Chapter V: Form and stucture of government*
First Part: GeneralArticle 5
(1) Regional government of the Province of Papua shall comprise the DPRP (People’s Representative Council Papua) as legislative body and the Government of the Province as executive body.(2) In the framework of implementing Special Autonomy in the Province of Papua, a Papua People’s Assembly [MRP] shall be formed which constitutes the cultural representation of the indigenous people of Papua, which has certain authority in the framework of protecting the rights of the indigenous people of Papua, based on respect for adat (customary law) and culture, empowerment of women and consolidation of harmony in religious life.
Second Part: Legislative Body
Article 6
(1) The legislative authority of the Province of Papua shall be exercised by the DPRP.(2) The DPRP shall consist of members elected and appointed based on statutory regulations.
Article 7
(1) The DPRP has the tasks and authorities:
a. to elect the Governor and the Deputy Governor;
b. …
c. to propose the dismissal of the Governor and/or the Deputy Governor to the President of the Republic of Indonesia;
d. to draw up and determine the policy direction with regard to the organisation of regional government and the regional development program and the standards for measuring its performance together with the Governor;
e. to discuss and determine the Regional Budget together with the Governor;
f. …
g. to determine the Perdasus [Special Regional Regulation] and Perdasi [Regional Regulation of the Province];
h. …
i. to give opinion and consideration to the Regional Government of the Papua Province on plans for international agreements which are related to interests of the region;
j. to supervise:
1.) the implementation of the Perdasus, Perdasi, Decisions of the Governor and policies of other Regional Governments;
2.) the management of government affairs which are under the authority of the Province of Papua Region;
3.) the implementation of the Regional Budget;
4.) the implementation of international co-operation in the Province of Papua;
k…
l. to elect all representatives of the Province of Papua as members of the People’s Consultative Assembly of the Republic of Indonesia.
Article 8
(1) The DPRP shall have the right:
a. to ask for accountability from the Governor; …Article 10
(1) The DPRP shall have the obligation:
a) to maintain and protect the integrity of the Unitary State of the Republic of Indonesia;…
Third Part: Executive Body
Article 11
(1) The Government of the Province of Papua shall be led by a Head of the Region as the Executive Head called the Governor.
Article 15
(1) The tasks and authorities of the Governor as a representative of the [Central] Government shall be: … g. to foster harmonious relations between the [Central] Government and the Regional Government and among the Regional Governments in the framework of protecting the integrity of the Unitary State of the Republic of Indonesia; …
Article 18
(1) In performing his obligations as Head of the Region and Head of the Provincial Administration, the
Governor shall be accountable to the DPRP.(3) As representative of the [Central] Government the Governor shall be accountable to the President.
Fourth Part: Papua People’s Assembly
Article 19
(1) The MPR shall have as members indigenous Papuan people, comprising adat representatives, representatives from religions and women representatives, whereby the number of each group shall be one-third of the total members of the MRP.
Article 20
(1) The MRP shall have the tasks and authorities:
a) to give an opinion and approval for the prospective candidates for Governor and Deputy Governor proposed by the DPRP;
b) to give an opinion and approval for the candidates for the Members of the People’s Consultative Assembly of the Republic of Indonesia, [which are] the regional representatives of the Province of Papua, proposed by the DPRP;
c) to give an opinion and approval to the Draft Perdasus submitted by the DPRP together with the Governor;
d) to give suggestions, an opinion and approval to plans for co-operation agreements drawn up by the [Central] Government as well as the Government of the Province with third parties applicable in the Province of Papua, in particular those related to the protection of the rights of the indigenous people of Papua;
e) …
f) to give an opinion to the DPRP, the Governor, the Regency/City DPRP and the Regent/Mayor on matters related to the protection of the rights of the indigenous people of Papua.
Article 24
(1) The members of the MRP shall be elected by members of the adat communities, the religious communities and the women communities.
Article 25
(1) The result of the elections as intended in Article 24 shall be submitted by the Governor to the Minister of Home Affairs in order to obtain legalisation.(2) The installation of the members of the MRP is carried out by the Minister of Home Affairs.
Chapter VII: Political Parties
Article 28
(1) The population of the Province of Papua can form political parties.(2) The procedure for the formation of political parties and the participation in the General Election shall be in accordance with statutory regulations.
(3) The political recruitment by political parties in the Province of Papua shall be carried out by giving priority to the indigenous people of Papua.
(4) Political parties are obliged to ask for an opinion of the MRP in the selection and recruitment of the respective political parties.
Chapter VIII: Special Regional Regulation, Regional Regulation of the Province and Decision of the Governor
Article 29
(1) The Perdasus shall be drawn up and determined by the DPRP together with the Governor with the consideration and approval of the MRP.2 Provisions concerning finances and economy
Chapter IX: FinancesArticle 34
(3) The Balance Fund’s portion for the Province of Papua, Regencies/Cities in the framework of Special Autonomy is broken down as follows:a. Share resulting from tax:
1) Land and Building Tax: 90% (ninety percent);
2) Tax for the Acquisition of Rights on Land and Building: 80% (eighty percent);
and
3) Personal Income Tax: 20% (twenty percent).b. Share resulting from natural resources:
1) Forestry: 80% (eighty percent);
2) Fishery: 80% (eighty percent);
3) General mining: 80% (eighty percent);
4) Petroleum mining: 70% (seventy percent);
5) Natural gas mining: 70% (seventy percent).c. General Allocation Funds determined in accordance to statutory regulations;
1) Special Allocation Funds determined according to statutory regulations, giving priority to the Province of Papua.2) Special revenues in the framework of the implementation of Special Autonomy, the amount of which is equal to 2% (two percent) of the ceiling of the National General Allocation Funds, which is foremost intended to finance education and health; and
3) Additional funds in the framework of the implementation of Special Autonomy, the amount of which shall be determined between [Central] Government and DPR based on the proposal of the Province for each budgetary year, which is foremost intended for the financing of infrastructure development.
4) Revenues in the framework of Special Autonomy as intended in paragraph (3) letter b point 4) and 5), shall be valid for 25 (twenty-five) years.
5) As of the 26th (twenty-sixth) year, the revenues in the framework of Special Autonomy as intended in paragraph (4) shall become 50% (fifty percent) for petroleum mining and 50% (fifty percent) for natural gas mining.
6) The revenues in the framework of Special Autonomy as intended in paragraph (3) letter e shall be valid for 20 (twenty) years.
7) Further divisions of the revenues as intended in paragraph (3) letter b points 4) and 5), and letter e, among the Province of Papua, Regencies and Cities or other names shall be determined fairly and equally in a Perdasus with paying special attention to regions which have been left behind.
Article 35
(1) The Province of Papua may accept foreign assistance after having notified the [Central] Government thereof.(2) The Province of Papua may borrow from domestic and/or foreign sources to finance part of its budget.
(3) Loans from domestic sources for the Province of Papua must have the approval of the DPRP.
(4) Loans from foreign sources for the Province of Papua must obtain the opinion and approval from the DPRP and the [Central] Government guided by statutory regulations.
(5) The total of cumulative loans as intended in paragraphs (3) and (4) may not exceed a certain percentage of the amount of revenues of the Regional Budget in accordance with statutory regulations. …
Article 36
(2) At least 30% (thirty percent) of the revenues as intended in Article 34 paragraph (3) letter b points 4) and 5) shall be allocated to cover expenditures for education, and at least 15% (fifteen percent) for health and improvement of nutrition.
Chapter X: EconomyArticle 38
(1) The economy of the Province of Papua, which is part of the national and global economy, is directed towards and striving for the creation of the greatest possible amount of prosperity and welfare for the entire people of Papua by respecting the principles of justice and even distribution.(2) Economic ventures in the Province of Papua which utilise natural resources shall be carried out by constantly respecting the rights of the adat community, guaranteeing legal certainty to the entrepreneurs as well as principles of environmental conservation and continuous development, the arrangement of which shall be determined with a Perdasus.
Article 40
(1) Permissions and co-operation agreements already carried out by the [Central] Government and/or the Government of the Province with other parties shall remain unchanged and respected.(2) The permissions and agreements as intended in paragraph (1) which according to a final court verdict are declared to violate the law, violate the right to life of the people or contradict provisions of this Law, have to be reviewed, without diminishing the legal obligations imposed on the holder of the permission or the agreement concerned.
Article 41
(1) The Government of the Province of Papua may become shareholder [lit.: conduct financial participation] in any State-owned Enterprises (BUMN) and private companies domiciled and operating n the Province of Papua.
Article 42
(1) Economic development is based on democracy and carried out by giving the adat community and/or the local people the broadest possible opportunity.(2) Investors investing within the territory of the Province of Papua must acknowledge and respect the rights of the local adat community.
(3) Negotiations conducted between the Government of the Province, the Regency/City Governments and investors must involve the local adat community.
(4) Providing the opportunity to do business as intended in paragraph (1), is carried out in the framework of empowering the adat community in order for them to be able to play the broadest possible role in the economy.
3. Provisions concerning human rights, social welfare and migration
Article 36
(2) At least 30% (thirty percent) of the revenues as intended in Article 34 par. (3) letter b points 4) and 5) shall be allocated to cover expenditures for education, and at least 15% (fifteen percent) for health and improvement of nutrition.
Chapter XI: Protection of the Rights of the Adat-Community
Article 43
(1) The Government of the Province of Papua is obliged to acknowledge, respect, protect, empower and develop the rights of the adat community guided by provisions of the valid legal regulations.
Article 44
The Government of the Province is obliged to protect the intellectual property rights of the indigenous people of Papua in accordance with statutory regulations.
Chapter XII: Human Rights
Article 45
(1) The [Central] Government, the Government of the Province and the population of the Province of Papua are obliged to uphold, promote, protect and respect Human Rights in the Province of Papua.(2) For the implementation of matters as intended of paragraph (1) the [Central] Government establishes branch offices of the National Human Rights Commission, the Human Rights Court and the Truth and Reconciliation Commission in the Province of Papua, in accordance with statutory regulations.
Article 46
(1) In the framework of stabilising the unity and integrity of the nation in the Province of Papua a Truth and Reconciliation Commission shall be established.(2) The tasks of the Truth and Reconciliation Commission as intended in paragraph (1) shall be:
a) to clarify the history of Papua in order to stabilise the unity and integrity of the nation within
the Unitary State of the Republic of Indonesia; and
b) to formulate and determine steps for reconciliation.
Article 47
In order to uphold women’s Human Rights, the Government of the Province is obliged to develop and protect the rights and empower women in a dignified manner and make every effort to position them as equal partners of men.
Chapter XVI: Education and Culture
Article 56
(1) The Government of the Province is responsible for the organization of education at all levels and of all types of education in the Province of Papua.(2) The [Central] Government shall determine the general policy on the autonomy of tertiary education institutions, the core curriculum and the quality standards at all levels and of all types of education as an implementation guide for the heads of the tertiary education institutions and the Government of the Province.
(3) All inhabitants of the Province of Papua have the right to obtain quality education as intended in paragraph (1) up to High School level at the lowest possible charge to the community.
(4) In expanding and organising education, the Government of the Province and the Regency/City Governments shall give religious institutions, non-governmental organisations and the business world, which fulfil conditions in accordance with statutory regulations, the broadest possible opportunity to expand and organise quality education in the Province of Papua.
(5) The Government of the Province and Regency/City [Governments] may provide assistance and/or
subsidies to the organisers of education which is organised by the community which needs the same.
Article 57
(1) The Government of the Province is obliged to protect, cultivate and develop the culture of the indigenous people of Papua.(2) In complying with its obligations as intended in paragraph (1), the Government of the Province shall give the greatest possible role to society including non-governmental organisations which fulfil the rules and regulations.
Chapter XVII: Health
Article 59
(1) The Government of the Province is obliged to determine quality standards and provide health services to the population.(3) All inhabitants of Papua have the right to obtain health services as intended in paragraph (1) with the lowest possible charge to the community.
Chapter XVIII: Demography and Matters Pertaining to Manpower
Article 61
(1) The Government of the Province is obliged to carry out supervision and control over the growth of the population in the Province of Papua.(2) In order to accelerate empowerment, an increase of quality and participation of the indigenous people of Papua in all sectors of development, the Government of the Province shall carry out population policies.
(3) The placement of population in the Province of Papua in the framework of the national transmigration, which is organised by the [Central] Government, shall be carried out with the approval of the Governor.
Article 62
(1) Everyone has the right to work and proper remuneration and is free to choose and/or change work in accordance with his/her talent and ability.(2) The indigenous people of Papua have the right to obtain the opportunity and shall be given priority to employment in all fields of work within the region of the Province of Papua based on their education and expertise.
(3) In the event of obtaining employment as intended in paragraph (2) in the realm of the judicature, the indigenous people of Papua have the right to have the priority to be appointed as Judge or Prosecutor in the Province of Papua.
4. Provisions concerning law enforcement and the judicial system
Chapter XIII: Regional Police of the Province of Papua
Article 48
(1) The tasks of the Police in the Province of Papua shall be performed by the Regional Police of the Province of Papua as part of the National Police of the Republic of Indonesia.(2) The policy concerning the security in the Province of Papua shall be co-ordinated by the Head of the Regional Police of the Province of Papua with the Governor.
(3) Matters concerning the tasks of the police as intended in paragraph (1) in the field of order and tranquility among the people, including the expenses arising therefrom, shall be further stipulated in a Perdasi.
(4) The implementation of the tasks of the police as intended in paragraph (3) shall be accounted for by the Head of Regional Police of the Province of Papua to the Governor.
(5) The Head of Regional Police of the Province of Papua shall be appointed by the Head of National Police of the Republic of Indonesia with the approval of the Governor of the Province of Papua.
(6) The dismissal of the Head of the Regional Police of the Province of Papua shall be carried out by the Head of the National Police of the Republic of Indonesia.
(7) The Head of Regional Police of the Province of Papua shall be accountable to the Head of the National Police of the Republic of Indonesia for the supervision of the police in the Province of Papua in performing the tasks of the National Police of the Republic of Indonesia.
Article 49
(1) Selection to become an officer (perwira), a non-commissioned officer (bintara) and a recruit (tamtama) of the National Police of the Republic of Indonesia in the Province of Papua shall be carried out by the Regional Police of the Province of Papua with taking into consideration the legal system, the culture, the customs and traditions and the policies of the Governor of the Province of Papua.(2) The basic education and general training for the non-commissioned officers (bintara) and the recruits (tamtama) of the National Police of the Republic of Indonesia in the Province of Papua shall be given a curriculum of local contents, and the graduates shall be given priority for assignment in the Province of Papua.
(3) The education and guidance of the officers of the National Police of the Republic of Indonesia originating from the Province of Papua shall be conducted in a national manner by the National Police of the Republic of Indonesia.
(4) The placement of perwira, bintara and tamtama of the National Police of the Republic of Indonesia from outside the Province of Papua shall be carried out on the Decision of the Head of the National Police of the Republic of Indonesia with taking into consideration the legal system, culture and customs and traditions in the area of assignment.
(5) In the event of new placement or relocation of the police units in the Province of Papua, the [Central] Government shall co-ordinate with the Governor.
Chapter XIV: Judicial Authority
Article 50
(1) The judicial authority in the Province of Papua shall be exercised by the Bodies of the Judicatures in accordance with statutory regulations.(2) Apart from the judicial authority as intended in paragraph (1), it is acknowledged that an adat judicature is in existence in certain adat law communities.
Article 51
(1) The adat judicature is a judicature of the peace within the circles of the adat law community, which has the authority to investigate and try adat civil law suits and criminal cases among citizens of the adat law community concerned.(4) In the case that one of the parties in a law suit or a criminal case objects to the decision taken by an adat court which investigated the case …, the mentioned objecting party has the right to ask a first instance court of the judicature in charge to investigate and try the respective law suit or case again.
(5) An adat court is not authorized to hand down a sentence of imprisonment or confinement.
Article 52
(1) The tasks of the Prosecution shall be carried out by the Prosecutor’s Office of the Province of Papua as a part of the Prosecutor’s Office of the Republic of Indonesia.(2) Appointment of the Head of the High Prosecutor’s Office in the Province of Papua shall be carried out by the Attorney General of the Republic of Indonesia with the approval of the Governor.
Chapter XXI: Supervision
Article 68
(1) In the framework of organising Regional Administration, the [Central] Government is obliged to facilitate by way of giving guidance, training and supervision.(2) The [Central] Government has the authority to conduct repressive supervision over the Perdasus’, Perdasis and Decisions of the Governor.
Elucidation Paragraph (2)
The Government of the Province of Papua conveys the Perdasus, Perdasi and Decision of the Governor at the latest 1 (one) month after they have been determined.
In the framework of conducting repressive supervision, the [Central] Government can invalidate the Perdasus, Perdasi and Decision of the Governor if they are contradictory to higher ranking legislation or to the general interest of Papuan society. The decision of the mentioned invalidation shall be reported to the Government of the Province of Papua, including the reasons for it.
In the case that the Government of the Province can not accept the mentioned decision of invalidation, the Government of the Province can file an objection to the Supreme Court. If the Supreme Court confirms the mentioned suit, then the Perdasus, Perdasi and Decision of the Governor remains in effect.
As long as there is no Supreme Court decision concerning the mentioned suit, the respective Perdasus, Perdasi and Decision of the Governor is postponed.
If within the period of 3 (three) months as of the date of reception of the mentioned suit by the Supreme Court no decision has been obtained, then the respective Perdasus, Perdasi and Decision of the Governor will be put into effect again.
III. The question of the division of Papua
1. Relevant provisions in Law No. 21/2001
Article 74
All existing statutory regulations are declared effective in the Province of Papua as long as not being regulated in this Law.
Article 76
The division (lit.: the making of more provinces out) of the Province of Papua shall be carried out with the approval of the MRP and the DPRP after having seriously taken into consideration social-cultural unity, the readiness of the human resources and the economic capacity and the development in the future.(Law No. 21/2001 does neither revoke Law No. 45/1999 as a whole nor in parts; there is no reference to Law No. 45/1999 at all in Law 21/2001, neither in the body of the Law nor in the introductory part.)
2. Excerpts from the Presidential Instruction No. 1/2003 on the Acceleration of the Implementation of Law No. 45/1999 (Inpres 1/2003)
(In its introductory part, the Inpres 1/2003 refers amongst others to Law No. 21/2001.)
The President of the Republic of Indonesia …
instructs1. The Minister of Home Affairs;
2. …
3. The Governor of the Province of Papua;
4. …To [the following]:
Firstly:
The Minister of Home Affairs shall accelerate the implementation of Law No. 45/1999 on the Establishment of the Province of Central Irian Jaya, the Province of West Irian Jaya, the Regency Paniai, the Regency Mimika, the Regency Puncak Jaya, and the City Sorong, each with the following tasks:Carry out the supervision of the organisation of regional government in the Province of West Irian Jaya and the Province of Central Irian Jaya;
Prepare the determination and adjustment of the regional borders of the Province of Central Irian Jaya, the Province of West Irian Jaya and the Province of Irian Jaya;
Provide supervision to the Province of West Irian Jaya and the Province of Central Irian Jaya in the framework of establishing of the Organisation of Regional Administrative Bodies (Organisasi Perangkat Daerah);
Provide supervision to the Province of Central Irian Jaya and the Province of West Irian Jaya in the framework of establishing the Regional People’s Representative Council of the Province;
Activate the Governor and all officials, [initiate] the structuring of the Government apparatus of the Province of West Irian Jaya and the Province of Central Irian Jaya and seek support for the necessary facilities.
Co-ordinate with the Ministers/Heads of Non-Departmental Institutions concerned, and conduct meetings with officials of the Regional Governments;
Give instructions related to the implementation of Law No. 45/1999.
…Thirdly:
The Governor shall give support for the implementation of Law No. 45/1999 on the Establishment of the Province of Central Irian Jaya, the Province of West Irian Jaya, the Regency Paniai, the Regency Mimika, the Regency Puncak Jaya, and the City Sorong, each with the following tasks:· Transfer of personnel, financing, assets and documents;
· Supervision of and support for the establishment and structuring of the organisation of new autonomous regional government.
…
3. Selected relevant provisions from Law No. 45/1999 on the Establishment of the the Province of Central Irian Jaya, the Province of West Irian Jaya, the Regency Paniai, the Regency Mimika, the Regency Puncak Jaya, and the City Sorong
Article 9
With the Province of Central Irian Jaya and the Province of West Irian Jaya established, as intended in Article 2, the region of the Province of Irian Jaya is reduced by the region of the Province of Central Irian Jaya and the region of West Irian Jaya, as intended in Article 3 and Article 4.Article 11
With the Province of Central Irian Jaya and the Province of West Irian Jaya established, the Province of Irian Jaya shall change its name to become Province of East Irian Jaya.
Article 15
(1) With the Province of Central Irian Jaya and the Province of West Irian Jaya established, the authority of the Regions as Autonomous Regions comprises the areas of government that are cross-Regency/City in character as well as authority in certain other areas of government, in accordance with statutory regulations.(2) Apart from the authority as intended in paragraph (1), the Province of Central Irian Jaya and the Province of West Irian Jaya also hold government authority which can not or not yet be implemented by Regencies and Cities.
(3) The authority of the Province of Central Irian Jaya and the Province of West Irian Jaya as administrative regions include the government authority which is delegated to the Governor of West Irian Jaya and the Governor of Central Irian Jaya as representatives of the [Central] Government.
Article 18
(1) In order to head the running of government in the Province of Central Irian Jaya and the Province of West Irian Jaya, a Governor and a Deputy Governor are elected and confirmed in each Province, in accordance with statutory regulations.
Article 20
(1) With the Province of Central Irian Jaya, the Province of West Irian Jaya […] established, the staffing of the Regional People’s Representative Council of the Province of Central Irian Jaya, of the Regional People’s Representative Council of the Province of West Irian Jaya […] will be carried out through local general elections at the latest one year since the official announcement, in accordance with statutory regulations.(2) The members of the Regional People’s Representative Council of the Province of Central Irian Jaya, the Regional People’s Representative Council of the Province of Central Irian Jaya […] shall consist of:
a. members of the Regional People’s Representative Council which are determined from political parties participating in local general elections which shall be carried out in each Region; and
b. members of ABRI which are appointed.(4) With the Province of Central Irian Jaya and the Province of West Irian Jaya established, the number of members of the Regional People’s Representative Council of the Province of East Irian Jaya shall be adjusted to the number of inhabitants of the Province of East Irian Jaya after having been reduced by the number of inhabitants of the Province of Central Irian Jaya and the Province of West Irian Jaya.
Elucidation of Article 20 (2) Letter a
What is intended with political parties participating in local general elections are political parties having participated in the 1999 general elections.
Article 21
(1) At the time of establishing the Province of Central Irian Jaya and the Province of West Irian Jaya, the Governor of Central Irian Jaya and the Governor of West Irian Jaya shall for the first time be appointed by the President on the proposal of the Minister of Home Affairs.IV. Definition of Terms
From Law 21/2001
Art. 1 (f)
The Papua People’s Representative Council, henceforth DPRP, is the Regional People’s Representative Council of the Province of Papua as a legislative body of the Region of the Province of Papua.Article 1 (g)
The Papua People’s Assembly, henceforth MRP, is the cultural representation of the indigenous people of Papua …Article 1 (i)
A Special Regional Regulation, henceforth Perdasus, is a Regional Regulation of the Province of Papua in the framework of implementation of certain articles of this Law;Article 1 (j)
A Regional Regulation of the Province, henceforth Perdasi, is a Regional Regulation of the Province of Papua in the framework of implementation of the authority as regulated in statutory regulations.
Sources:
The original Indonesian version of Law No. 21/2001 and Inpres 1/2003 can be accessed on the Government homepage at http://www.indonesia.go.id, the MPR Decree No. IV/1999 at the homepage of the official Government agency Lembaga Informasi Nasional at http://www.lin.go.id. Law No. 45/1999 can be found online at http://www.papuaweb.org.
Note on terminology:
Government (pemerintah), government (pemerintahan): Government with a capital G refers to the institution, the Cabinet, the Indonesian pemerintah, government (not capitalised), refers to the Indonesian term pemerintahan, indicating government in the wider sense. Where Pemerintah in the Indonesian document stands for Pemerintah Pusat (Central Government) the addition ‘central’ is given in square brackets.
Note on the translation:
It has been attempted to come with the translation as close as possible to the Indonesian original version, and, by basically using British English, also to avoid transporting notions of the British (or other) political and legal system(s) with the translation.
Responsible for the English translation Petra Stockmann, Watch Indonesia!. Parts of the translation have been taken from the homepage of the GTZ.
