Consitutional Court reaffirms Irian Jaya Barat

Despite opposition from many Papua province interest groups, the Indonesian Constitutional Court has reaffirmed the status of Irian Jaya Barat as a separate province, saying it only lacks a legal operational basis to regulate government activities there. Irian Jaya Barat Legislative Council chief Jimmy Demianus Itjie and Irian Jaya barat caretaker governor Timbul Pudjianto were part of a delegation that met Tuesday with Constitutional Court Chief Justice Jimly Asshiddiqie and justice Achmad Rustandi to ask about the current legal status of their province.

In 2004, the Constitutional Court was asked to rule on the validity of Irian Jaya Barat province, established in 1999, following the enactment of the 2001 Papua Special Autonomy Law. The latter stipulated that any partitioning of Papua province would require the approval of the Papua People's Assembly (MRP). The court ruled the 1999 law was unconstitutional, but said the 2001 law could not be applied retroactively because Irian Jaya Barat was already established as a province.

"Establishment of a gubernatorial government is an act of law which cannot be rescinded," Jimly said. His comment drew cheers from the delegation, The Jakarta Post reported..

He noted that under the Constitutional Court's ruling, the government needed to establish a legal basis regulating operational matters for its activities there, not a legal basis for the province itself. The government missed its deadline of 20 February to reach a solution with groups opposed to the partition of Papua to establish Irian Jaya Barat.

Jimly reiterated that because Irian Jaya Barat was established by the 1999 law and legitimised by the court in 2004, the special autonomy law of 2001 was not pertinent. He added that he believed every party involved in the issue understood the 2004 Constitutional Court's decision. "It is just a matter of determination from the government," he said. "The Constitutional Court cannot dictate to the government what to do."

Jimmy said he was relieved by the explanation, and the province would go ahead with gubernatorial elections on 10 March concurrently with Papua provincial polls.

MRP's opposition to acceptance of Irian Jaya Barat

Uncertainty continues about Irian Jaya Barat province's status with the central government unable to reach a solution with groups opposed to the partition of Papua to create the new province. Although the government previously set 20 February as the deadline to decide on the status of Irian Jaya Barat, no agreement was forthcoming after Vice President Jusuf Kalla met with Coordinating Minister for Political, Legaland Security Affairs Widodo A.S., Home Minister M. Ma'ruf, Papuan People Council (MRP) and the Papuan Legislative Council at his office. No representatives of Irian Jaya Barat province were present, but Kalla reportedly met Papua Council Speaker Jimmy Demianus Itjie at his residence earlier in the morning.

The creation of Irian Jaya Barat, already operating as a de facto province, has pitted the central government against the MRP and Papua administration. The province was established through the 1999 law on autonomy. The MRP, founded last year, is seeking the revocation of the establishment of the province, based on the 2001 Papua Special Autonomy Law. Under the latter's terms, any matters concerning the partitioning of Papua must come before the MRP.

MRP chairman Agus Alue Alua said the council filed a recommendation Monday with Jakarta, which he said came after consulting with various groups in Papua, most of which opposed the partitioning of the province. "The recommendation is a fixed decision by the MRP and Papua Council. We didn't come for more discussion. We'll let the government study it first," he said. Agus said the MRP and the council would agree to negotiations only if the government acknowledged that all issues related to the country's easternmost province must refer to the special autonomy law.

Home Minister M. Ma'ruf said the government would look into the recommendation, but referred to a Constitutional Court verdict that acknowledges the establishment of the new province. The court said the 1999 law was unconstitutional, but then recognized Irian Jaya Barat on the grounds that the division was already made.

Papua churches, DPRD oppose Irian Jaya Barat

Influential Papuan church groups and community organizations are supporting the Papuan provincial Legislative Council's opposition to the creation of Irian Jaya Barat province. "I fully support the council's decision because it is considered the bestto avoid any possible conflicts that may arise in Papua over the establishment of West Irian Jaya province," Rev. Herman Saud, chairman of the Papuan Injili Christian Church Synod, told Nethy Dharma Somba of The Jakarta Post in Jayapura. Support against the partitioning of the province also came from local chapters of the Indonesian Christian Students Movement (GMKI), Association of Catholic Students (PMKRI), Indonesian Christian Women's Association (PWKI) and the Cooperation Forum of Non-governmental Organizations (Foker LSM). Representatives Jems Mayor (GMKI), Jens Cherry Meak (PMKRI), Rev. Wanaha (PWKI) and J. Septer Manufandu (Foker LSM) were signatories.

The statement said the public consultation conducted by the Papuan People's Assembly (MRP), which was used by the legislative council Friday to oppose the Papuan partition, was legitimate and must be presented to the central government for consideration. Rev. Herman Saud warned it would be a bad precedent if the central government did not heed Article 76 of the 2001 Papua Special Autonomy Law and went ahead with the partition of the province. The article states that any partition of the province must first be approved by the MRP.

During a plenary session Friday, the councillors concluded there was no need to divide Papua at present, and any future divisions would have to be done according to Article 76. West Irian Jaya is already operating as a de facto province. "There may emerge similar partitions in other regions throughout the province without necessarily having gone through the process of approval from the MRP. This will not be good for both the people and the law itself," Herman told The Jakarta Post. "The partitioning of Papua province outside the 2001 law is illegal because the province is regulated under the law. Therefore any decision should be taken in line with the law."