BILL
OF THE REPUBLIC OF INDONESIA
NUMBER: ............ OF 2001
ON
SPECIAL AUTONOMY FOR PAPUA PROVINCE
IN THE FORM OF
A SELF GOVERNING TERRITORY
INITIATIVE PROPOSAL OF
THE HOUSE OF REPRESENTATIVES OF
THE REPUBLIC OF INDONESIA
BILL
OF THE REPUBLIC OF INDONESIA
NUMBER: OF 2001
ON
SPECIAL AUTONOMY FOR PAPUA PROVINCE
IN THE FORM OF A SELF-GOVERNING TERRITORY
WITH THE BLESSING OF GOD THE SUPREME AND ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering:
a. that the aspirations and objective of the Unitary State of the Republic of Indonesia is to develop Indonesian people justly, prosperously, and securely based on Pancasila and the Constitution of 1945;
b. hat the people of Papua as human beings created by God and as part of civilized mankind, respect Human Rights, religious values, democracy, law, and cultural values existing in a customary law community, and have the right to benefit from the development outcome fairly;
c. hat the government administration system of the Unitary State of the Republic of Indonesia according to the Constitution of 1945 that has been amended by the first and second amendments, recognizes and respects the units of regional government administration which have special and extraordinary characteristics regulated in the law;
d. hat the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: IV/MPR/1999 instructs that "...... the nation's integration hall be maintained under the umbrella of the Unitary State of the Republic of Indonesia by respecting equality and diversity in the social cultural life of rian Jaya people by designating special autonomy regulated by the law.....", and "......to settle cases of Human Rights violations in Irian Jaya through a fair and dignified judicial process....";
e. that the indigenous people in Papua Province, formerly known as Irian aya, are the ethnic group of Papua, a phylum of Melanesia race, who are different from most ethnic groups in Indonesia and who have their own cultural diversity, traditions and languages and have a history different from the histories of other provinces in Indonesia;
f. that the execution of government administration and the implementation of development in Papua Land has, so far, not answered people's aspirations, fulfilled a sense of justice, enabled the achievement of prosperity for all the people, supported law enforcement, or shown respect for the Human Rights of Papuan people;
g. that the outcome of natural wealth management of Papua Land is still not optimally used for improving the living standards of the indigenous community, that it causes a sharp gap between Papua Province and other regions, and violates the fundamental rights of the indigenous people of Papua;
h. that in order to reduce the gap between Papua Province and other regions, improve Papuan people's standard of living, and provide opportunities for the indigenous people in Papua Land to be self-governing, a special policy is required;
i. that the implementation of the special policy is based on the basic values including the protection and appreciation of the fundamental rights of indigenous people, Human Rights, law supremacy, democracy, ethics and morals, pluralism, and equality of the positions, rights and duties as citizens;
j. that violations of Human Rights and basic rights of indigenous people in Papua Land has yielded new awareness to peacefully and constitutionally struggle for the Government's recognition of the above rights;
k. that based on the above considerations and reasons, it is deemed necessary to give Special Autonomy to Papua Province in the Form of a Self-Governing Territory which is determined by the Law. In view of:
1. The Constitution of 1945 article 5 paragraph 1, article 18, article 18a, article 18b, and article 21 paragraph 1;
2. The Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XV/MPR/1998 on the Execution of Regional Autonomy, Fair Arrangement, Distribution, and Utilization of National Resources , and the Financial Balancing of Central and Regional in the Framework of the Unitary State of the Republic of Indonesia;
3. The Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998 on Human Rights;
4. Decree of the People's Consultative Assembly of the Republic of Indonesia Number: IV/MPR/1999 on the Basic Guidelines For State Policy (GBHN);
5. Decree of the People's Consultative Assembly of the Republic of Indonesia Number: IV/MPR/2000 on the Policy Recommendation for the Execution of the Regional Autonomy.
UPON THE APPROVAL OF
THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
HAS DECREED
To stipulate: THE LAW ON SPECIAL AUTONOMY FOR PAPUA
PROVINCE IN THE FORM OF A SELF-GOVERNING TERRITORY.
CHAPTER I
GENERAL PROVISIONS
Article 1 The terminology used in this Act shall have the following meaning:
a. Special autonomy is a political status recognized and granted to Papua Province to arrange and execute a number of authorities, applied only in Papua Province;
b. Central Government, hereinafter referred to as Government, is the apparatus of the Unitary State of the Republic of Indonesia, composed of the President and the Ministers;
c. Self-Governing Territory is the law community which has certain area borders, hereinafter referred to as Papua Province, which has the right to arrange and manage the people's interest on its own initiative, based on the people's aspiration;
d. The Papua Province Government is the Governor and the apparatus of Papua Province Government as an Executive Body;
e. Papua Province Governor, hereinafter referred to as Governor, is the Region Head and the Head of Government Administration who is fully responsible for organizing his/her own government administration in Papua Province and who acts as the Government's representative in Papua Province;
f. Papua Parliament consists of Papua People Assembly (Majelis Rakyat Papua), hereinafter referred to as MRP, which consists of customary law representatives, religious representatives, and female representatives, and the House of Papua Representatives, hereinafter shortened as DPRP, which consists of political party representatives;
g. The Flag, Emblem and Anthem are symbols (signs) of the greatness, grandeur and nobleness of Papuan identity;
h. Basic Guidelines for Development Policy on Papua Province, hereinafter shortened to GBHPPP (Garis-Garis Besar Haluan Pembangunan Propinsi Papua), are the stipulations for the direction, policy and operation of the long term development of Papua Province;
i. Basic Regional Regulations on Papua Province, hereinafter referred to as Basic Regulations, are Regional Regulations containing basic matters on the protection of people's basic rights, the symbols (signs) of Papua Province, the Province's legislative body selection and membership procedure and the procedure for selecting the Governor and Vice Governor, the Basic Guidelines for Development Policy of Papua Province, and the arrangement of Government's authority not regulated in this Law;
j. Provincial Regional Regulations, hereinafter referred to as Provincial Regulation, are the legal product for the implementation of the provisions of this Law;
k. The District, formerly known as Subdistrict (Kecamatan), is the work area of the District Head as the regional apparatus of a Regency (Kabupaten)/ Municipality;
l. The Village, often known by another name, is the smallest autonomy unit area under a Regency/Municipality;
m. The Village Consultative Board is a group of people who form a unit consisting of various village representatives who are selected and admitted by the local population in order to provide suggestions and considerations to the Village Government;
n. Human Rights (Hak-Hak Asasi Manusia), hereinafter referred to as HAM, are a set of rights inherent to the essence and existence of human beings created by the God Almighty and His grace, which have to be respected, revered, and protected by the state, law, government, and every human being for the sake of human dignity and the protection of human values;
o. Customs refer to the common practices recognized, adhered to, institutionalized and maintained for generations;
p. A Customary Community is a group of indigenous people who are living and bound in a specific area and tradition, with a strong sense of solidarity among its members;
q. Customary Law refers to unwritten rules or norms mutually agreed by a customary community that have to be adhered to and have sanctions;
r. The Ulayat Right is an alliance right controlled by a customary community on a specific area, including the right to utilize land, forests and water,and all their contents;
s. Indigenous Papuan's are people who originate from the Melanesian phylum in Papua Land;
t. The population of Papua Province, hereinafter referred to as Population,refers to all the people who are registered and residing in Papua Land.
CHAPTER II
NAME, FLAG, EMBLEM, ANTHEM AND TERRITORY
Article 2
The Province, formerly known as Irian Jaya Province shall, according to this Law, hereinafter be referred to as Papua Province.
Article 3
As well as the National Red and White Flag, Indonesia Raya as the National Anthem, and the Garuda Bird as the State's Emblem, Papua Province also has a flag, emblem and anthem regulated in the Basic Regulation.
Article 4
The legal territory of Papua Province is the same as the territory of Irian Jaya Province, consisting of land and sea area as far as 12 nautical miles measured from the coastline to the ocean limits and/or islands waters.
CHAPTER III
DIVISION OF TERRITORY
Article 5
(1) Papua Province is divided into Regency and Municipality Areas which are respectively autonomous;
(2) Regency and Municipality Areas consist of a number of districts;
(3) A District Area consists of a number of villages or called by other names;
(4) The establishment, expansion, deletion, and arrangement of government administration of Regencies and Municipalities, including the distribution of authority, are stipulated by the Provincial Regulation;
(5) The establishment, expansion, deletion, and arrangement of Districts and Villages, which are called by other names, are determined by Provincial Regulations;
(6) Within the Papua Province special areas regulated in Provincial Regulations may be established in the Provincial Regulation.
CHAPTER IV
REGIONAL AUTHORITY
Article 6
(1) The authority of Papua Province covers authority in all sectors of government administration, except for authority in international politics, external defence, monetary, and Judicature at Cassation Level;
(2) The Government's authorities other than those specified in paragraph (1) may be put into effect in Papua Province as regulated in the Basic Regulation;
(3) The Provincial Government may organize a co-operation in the sectors of economy, trade, investment, culture and science, technology and arts with international parties, and if deemed necessary it may open contacting offices for the above purposes;
(4) the Government shall arrange the placement of the Indonesian National Armed Forces (TNI) unit in Papua Province after being considered by the Papua Parliament and the Provincial Government;
(5) The Government of Papua Province shall have the right to receive andcontrol all resources required for executing its authority, including financing, personnel, apparatus, and documents in so far as they are still not controlled when this Law goes into effect;
(6) International agreements related to the interest of Papua Province shall be conducted by first consulting the Papua Parliament and the Provincial Government.
CHAPTER V
FORM AND STRUCTURE OF GOVERNMENT ADMINISTRATION
Part One
General
A
rticle 7
(1) In Papua Province, a Papua Parliament as the legislative body and a Provincial Government as the executive body shall be established;
(2) The Papua Parliament is composed of MRP and DPRP domiciled in the capital city of the Province;
(3) The Provincial Government is composed of the Governor and other Provincial Government's apparatus;
(4) In Regencies and Municipalities, Regency DPRs and Municipality's DPRs as legislative bodies and Regency and Municipality Governments as Executive bodies shall be established;
(5) The Regency and Municipality Governments are composed of Regents and Majors and other Regency and Municipality government apparatus;
(6) In Villages, Village Consultative Bodies and Village Governments, which may be called by other names, shall be established.
Part Two
Legislative Body
Article 8
(1) The legislative authority of Papua Province shall be executed by Papua Parliament;
(2) The term of office of members of the MRP and DPRP shall be 5 (five) years;
(3) The MRP and DPRP shall have different functions and duties.
Article 9
(1) The MRP shall be composed of indigenous Papuans, and consist of customary representatives, religious representatives, and female representatives, who will make up one third of the total members of MRP respectively.
(2) The selection and designation procedure of MRP members, as intended in paragraph (1), shall be stipulated in the Basic Regulation.
Article 10
(1) MRP has the duties and authority to:
a. Collectively with the DPRP select, appoint and dismiss the Governor and Vice Governor;
b. collectively with DPRP establish and stipulate the Basic Regulations and GPHPPP;
c. provide considerations to DPRP, Regency DPR, and City DPR and the Governor, Regent, and Mayor on matters related to the protection of the rights of the Papua aborigines;
d. observe and channel aspirations, receive complaints from the customary community, religious community, women and general public, and facilitate follow-ups for settlements; e. give opinions and considerations to the Provincial Government and the Government on international agreement plans which concern the Province's interest;
f. supervise the implementation of international co-operation in the Province;
g. collectively with DPRP select the delegates of Papua Province as members of the People's Consultative Assembly of the Republic of Indonesia. (2) The implementation of the duties and authority as intended in paragraph (1) shall be regulated in the MRP's Order Regulation.
Article 11
(1) MRP has the right to: a. collectively with DPRP ask for the Governor's accountability;
b. request information from the Provincial, Regency and Municipality Governments;
c. submit a statement of opinion;
d. reject Provincial Regulations or other policies considered to be in conflict with the protection of the rights of the Papua aborigines;
e. determine the MRP's Budget;
f. stipulate the MRP's Order Regulation. (2) The implementation of the rights intended in paragraph (1) shall be regulated in the MRP's Order Regulation, except for letter (a) which shall be implemented through consultation with the DPRP, and letter (e) which shall be determined in the Provincial Revenue and Budget. Article 12
(1) Each member of MRP has the right:
a. to ask questions;
b. to submit proposals and opinions;
c. to immunity and impunity;
d. to protocol matters;
e. to financial/administration affairs;
(2) The implementation of the rights intended in paragraph (1) shall be regulated in the MRP's Order Regulation, except for financial aspects stipulated in the Provincial Budget.
Article 13
(1) DPRP is composed of representatives from local political parties and national political parties selected through a general, direct, honest, fair,free and confidential election;
(2) The selection and designation procedure of members of the DPRP shall be stipulated in the Basic Regulation;
(3) The general election procedure in Papua Province and the participation of national political parties and local political parties shall be stipulated in the Provincial Regulations.
Article 14
(1) DPRP has the duties and authority to:
a. collectively with the MRP select, appoint, and dismiss the Governor and Deputy Governor; collectively with MRP establish and stipulate the Basic Regulation and GBHPPP;
b. collectively with the Governor determine the Provincial Budget;
c. supervise the implementation of Basic Regulation, Provincial Regulations, Governor Decisions, and other policies;
d. supervise the utilization of the Provincial Budget and Revenue;
e. give opinions and considerations to the Provincial Government and the Government on planned international agreements concerning the Province's interests;
f. supervise the implementation of international cooperations in the regions;
g. observe and channel aspirations, receive complaints and grievances from the customary community and general public;
h. collectively with the MRP select the delegates of Papua Province as members of the People's Consultative Assembly of the Republic of Indonesia.
(2) The implementation of the duties and authority referred to in paragraph
(1) shall be provided for in DPRP's Order Regulation.
Article 15
(1) DPRP has the right to: a. collectively with MRP ask for the Governor's accountability;
b. ask for information from the Provincial, Regency and City Governments;
c. conduct investigations;
d. make alterations to the Provincial Regulation Draft;
e. submit a statement of opinion;
f. submit a Provincial Regulation Draft;
g. determine the DPRP's Budget;
h. stipulate the DPRP's Order Regulation.
(2) The implementation of the rights intended in paragraph (1) shall be regulated in the DPRP's Order Regulation, except for letter (a) which shall be conducted through consultation with the MRP, and for letter (e) which shall be determined in the Provincial Budget.
Article 16 (1) Each member of DPRP has rights:
a. to ask questions:
b. to submit proposals and opinions;
c. to immunity and impunity;
d. over protocol affairs;
e. over financial/administration affairs.
(2) The implementation of the rights intended in paragraph (1) shall be regulated in the DPRP's Order Regulation, except for financial aspects which are determined in the Provincial Budget.
Part Three
Executive Institution Article 17 (1) The Government Administration of Papua Province shall be lead by a Regional Head as an Executive Head known as Governor; (2) The Governor shall be assisted by a Regional Vice Head called Vice Governor; (3) The Governor and Vice Governor selection procedure shall be determined by the Basic Regulations.
Article 18
Those who may be selected as the Governor and Vice Governor shall be indigenous Papuans who meet the following requirements: a. have faith in the Almighty God;
b. have received education of at least Sarjana level (Bachelor) or equivalent;
c. be at least 30 years old;
d. physically and mentally healthy;
e. loyal to the country and on side with the People of Papua;
f. never sentenced to imprisonment for a crime, except due to political reasons;
g. voting rights have not being revoked based on a court's decision, except for political reasons;
h. registered as a Papua resident and Indonesian Citizen.
Article 19 The Governor shall be obligated to:
a. firmly observe Pancasila and the 1945 Constitution;
b. respect the people's sovereignty;
c. enforce all laws and regulations governing in Papua Province;
d. improve social welfare;
e. maintain public security and order;
f. submit a Provincial Regulations Draft and stipulate it as the Provincial Regulations together with DPRP;
g. organize a clean, honest and authoritative government administration and which is responsible for executing development and supervision according to GBHPPP.
Article 20 The Vice Governor has the duties of:
a. assisting the Governor in performing his obligations;
b. co-ordinating the activities of government agencies in the Province;
c. performing other duties assigned by the Governor.
Article 21 (1) The term of office of the Governor and Vice Governor is 5 (five) years and they may be re-elected for another term of office;
(2) If the Governor is permanently absent, the Governor's position shall be held by the Vice Governor until the term of office expires;
(3) If the Vice Governor is permanently absent, the Vice Governor's position shall not be filled in;
(4) If the Governor and Vice Governor are permanently absent, the DPRP Leadership shall appoint a Provincial government official who meets the requirements, to perform the duties of the Governor and Vice Governor;
(5) For as long as the appointment specified in paragraph (3) is still not made, the Provincial Secretary or that called by other name shall carry out the duties of the Governor and Vice Governor in the meantime;
(6) In the situation specified in paragraph (3), the Papua Parliament shall select the Governor and Vice Governor within three months;
Article 22 (1) In performing his obligations as the Regional Head and the Head of Provincial Government Administration, the Governor shall be responsible to the Papua Parliament;
(2) The implementation of the responsibilities, as intended in paragraph (1), shall be stipulated by the Order Regulation approved by the Parliament;
(3) As Government Representative, the Governor shall be responsible to the President;
(4) The Governors accountability procedures, as referred to in paragraph (3), shall be stipulated by the President;
(5) The Governor shall co-ordinate and supervise the implementation of central authority in Papua Province as intended in Article 6 paragraph (1);
(6) The Governor, collectively with the Government apparatus placed in the region or the Provincial apparatus, shall perform the authority intended in Article 6 paragraph (2);
(7) The Government shall stipulate the accountability implementation procedure, intended in paragraph (6).
CHAPTER VI
APPARATUS AND PERSONNEL
Article 23 (1) The apparatus of Papua Province is composed of the Provincial Secretariat, Provincial Bureau, and other technical organizations which are established according to the Province's needs;
(2) The arrangement of the provision in paragraph (1) shall be regulated in the Provincial Regulations;
Article 24 (1) The Provincial Government shall specify Provincial personnel policy; (2) The arrangement of the provision of paragraph (1) shall be regulated in the Provincial Regulations.
CHAPTER VII
LOCAL AND NATIONAL POLITICAL PARTIES
Article 25 (1) The people of Papua Province shall have the right to establish Local Political Parties;
(2) Local Political Parties and National Political Parties shall have equal rights and obligations, and receive equal treatment from the Provincial Government;
(3) The procedure for establishing Local Political Parties shall be stipulated in the Basic Regulations.
(4) The participation procedure for Local and National Political Parties in the General Election in Papua Province shall be stipulated in the Basic Regulation.
CHAPTER VIII
BASIC REGULATIONS, PROVINCIAL REGULATIONS,
AND THE GOVERNOR'S DECISION Article 26 (1) The Basic Regulations shall be prepared and stipulated by the Papua Parliament;
(2) The Provincial Regulation shall be prepared and stipulated by the Governor and DPRP;
(3) The Provincial Regulations preparation procedure, as intended in paragraph (2), shall be regulated by the Provincial Regulations.
Article 27 (1) To implement the Provincial Regulations, the Governor shall determine the Governor's Decision;
(2) The Decision, as intended in paragraph (1), shall not be in conflict with general regional interests or the Province and the Provincial Regulation.
Article 28 (1) The Provincial Regulations and/or the Governor's Decision which regulates the Government's authority as intended in Article 6 paragraph (2), if in conflict with higher laws and regulations, may be cancelled by the Government;
(2) The Province shall be notified with supporting reasons of a Decision of cancellation as intended in paragraph (1).
(3) If the Province is unable to accept the decision of cancellation as intended in paragraph (2), the Province may submit an appeal to the Supreme Court.
(4) If the appeal, as intended in paragraph (3) above, is justified by the Supreme Court, the Provincial Regulation and/or the Governor's Decision shall remain valid.
(5) If there is no Supreme Court decision, the implementation of the Regional Regulation and/or the Governor's Decision as intended in paragraph (1) shall be suspended.
(6) If within a period of 6 (six) months after the institution of the appeal to the Supreme Court, no decision is obtained, the Provincial Regulation and/or Governor's Decision intended in paragraph (1) shall be re-enforced.
Article 29 (1) The Provincial Regulation and regulating Governor's Decision shall be promulgated by insertion thereof in Papua Provincial Gazette;
(2) The Provincial Regulation and Governor's Decision shall have legal and binding power after being enacted in Papua Provincial Gazette;
(3) The Provincial Regulation and Governor's Decision as intended in paragraph (2) shall be socialized by the Provincial Government.
Article 30 (1) For the supervision of the Provincial Regulation and the Governor's Decision on the execution of Papua Province government administration, the Supervisory Board For Provincial Legal Products shall be established;
(2) The Supervisory Board as intended in paragraph (1) shall be an Independent Body, which is composed of legal practitioners and experts;
(3) This Board has the duty and authority to conduct repressive supervision of Provincial Regulations, Regency/Municipality Regulations and the regulating Governor and Regent/Mayor Decisions;
(4) The form, structure, membership, duties and authority of the Supervisory Board, as intended in paragraph (1), shall be stipulated by the Provincial Regulation.
CHAPTER IX
FINANCE
Article 31 (1) The implementation of the duties of the Provincial Government and the Papua Parliament shall be financed by the Provincial Budget;
(2) The implementation of the Government's duties in the Province shall be financed by the State Budget.
Article 32 (1) Sources of income of Papua Province consist of:
a. the Province's pure income;
b. the Province's loan
(2) The source of Provincial income as intended in paragraph (1) letter a consists of:
a. tax and non-tax payers in Papua Province;
b. retribution;
c. natural resource products within the Province's area;
d. a portion of earnings from Province-owned Companies;
e. other valid Provincial incomes.
Article 33 (1) All tax and non-tax payers in the Province shall be the Province's revenue source which is paid to the Regional treasury and rights over it shall entirely belong to the Provincial Government;
(2) Of the payment amount, intended in paragraph (1), a maximum of 20% (twenty percent) shall be paid to the Government treasury.
Article 34 (1) Tax payers in Papua Province are composed of residents and non-residents;
(2) The charging and payment of taxes shall be regulated in the Provincial Regulation.
CHAPTER X
ECONOMY
Article 35 Economic development efforts in Papua Province, including the utilization of natural resources, shall be conducted for the maximum prosperity of all Papua people, by upholding principles of justice and even distribution, protecting the rights of the customary community, giving legal assurance to business sector, and conserving the environment and sustainable development.
Article 36 (1) Continuous management in the framework of the utilization of natural resources, as intended in article 35, shall be performed to its fullest extent in Papua Province;
(2) Further arrangement on paragraph (1) shall be regulated in the Provincial Regulation.
Article 37 (1) Licensing and co-operation agreements already made by the Government and Provincial Government with other parties shall remain valid and respected, in so far as they do not harm the community and are not in conflict with this Law;
(2) Further arrangement on paragraph (1) shall be regulated in the Provincial Regulations.
Article 38 (1) Economic development based on democracy shall be carried out by providing the customary community and/or local community with as much opportunity as possible;
(2) Investors who make investments in the legal territory of Papua Province shall recognize and respect the rights of the customary community/or local community;
(3) Negotiations made between the Provincial/Regency/Municipality Governments and investors shall involve the customary community;
(4) The business opportunities as intended in paragraph (1) shall be given in the framework of empowering the customary community so that they are able to play a role in economy as wide as possible;
(5) Further arrangement on paragraphs (2), (3) and (4) shall be stipulated in the Provincial Regulation.
CHAPTER XI
PROTECTION OF CUSTOMARY RIGHTS
Article 39 (1) The Government of Papua Province shall recognize, respect and protect the customary rights of the indigenous People of Papua;
(2) The customary rights as intended in paragraph (1) covers the ulayat rights to land, water or sea to certain limits, the forests and natural wealth contained in them.
(3) The customary community shall perform the obligations inherent to the customary rights as intended in paragraph (2);
(4) The arrangement on the protection of customary rights and compensation shall be regulated further by the Provincial Regulation.
Article 40 (1) The Provincial Government shall be required to protect and develop the patent rights of the customary community;
(2) The arrangement intended in paragraph (1) shall be stipulated by the Provincial Regulation.
CHAPTER XII
HUMAN RIGHTS
Article 41 (1) The Government, Provincial Government and population of Papua Province shall enforce, advance, protect, and respect Human Rights throughout the Province as articulated in the 1945 Constitution, the Universal Declaration of Human Rights of the United Nations, the Wina Declaration of 1993 on Human Rights, and various International Conventions related to the protection of Human Rights;
(2) For the stated purpose in paragraph (1), a Papua Province Commission for Human Rights shall be established in Papua Province which is an independent body authorized to make a preliminary investigation, to investigate and remand violators of HAM to the Provincial HAM Judicial Board;
(3) The structure, position, duties and responsibilities of Papua Province Commission for Human Rights in Papua Province shall be regulated by the Provincial Regulation.
Article 42 (1) The victims, families or heirs of the victims of Human Rights violations in Papua Province since 1st of May 1963 shall be provided with compensation funds or other forms of compensation by the Government and Provincial Government;
(2) The victims of Human Rights violations shall be entitled to receive rehabilitation according to the prevailing laws and regulations;
(3) The amount of compensation funds or other forms of compensation, as intended in paragraph (1), shall be determined by the Provincial Judicial Board for Human Rights with due observance of customary rules.
Article 43 (1) To thoroughly and comprehensively solve the differences of opinion on the history of Papua integration into the Republic of Indonesia, a Commission for the Straightening of the Papua History shall be established;
(2) The arrangement, task implementation, and financing of the Commission shall be regulated by the Provincial Regulation.
Article 44 To enforce the HAM of women, the Provincial Government shall be required to develop, protect the rights and empower the women with dignity, and to make all attempts to position them as partners equal to men.
CHAPTER XIII
AUTHORITY OF JUDICATURE, PROSECUTION, AND POLICE
Article 45 (1) The judicature in the legal territory of Papua Province shall be executed by the State Judicial Board and Customary Judicature;
(2) The State Judicial Board includes the Boards for General Judicature, Religion Judicature, State Administration Judicature, and Human Rights Judicature domiciled in the Province and Regencies/Municipalities;
(3) The General Judicature, Religion Judicature, and State Administration Judicature shall have the authority to investigate and administer justice on cases as regulated pursuant to the prevailing laws and regulations;
(4) The Judicial Board for Human Rights has the authority to investigate and administer justice on cases of violation of human rights as intended in Chapter XIII of this Law;
(5) The establishment, structure, and position of the State Judicial Board shall be regulated by the Provincial Regulation;
(6) Before the Judicial Board For Human Rights as intended in paragraph (4) is established, cases of Human Rights violations shall be administered by the authorized Court;
(7) Customary Judicature shall have the authority to investigate and administer justice on cases and or disputes according to the customary law of the parties who are victims and/or harmed;
(8) Cases or disputes that have been judged by the Customary Judicature may not be instituted for trial by the State Judicial Board in so far they do not violate Human Rights.
Article 46 (1) The prosecution of crimes in Papua Province shall be performed by the Prosecution Office;
(2) The establishment, structure, position, duties and authority, and other provisions on prosecution shall be regulated by the Provincial Regulation.
Article 47 (1) To create security and order, the Police of Papua Province shall be established;
(2) The Police of Papua Province shall be under the authority of and be responsible to the Governor;
(3) The relationship between Papua Province's Police and the Republic of Indonesia's Police shall be co-ordinated by the Governor who is responsible for Papua Province security;
(4) The establishment, structure, position, duties and authority of the Province's Police shall be regulated by the Provincial Regulation.
CHAPTER XIV
RELIGIOUS AFFAIRS
Article 48 (1) All people shall have the right and freedom to embrace their own religion and faith;
(2) All people shall respect religious values, maintain harmony among religious communities, and prevent attempts to break unity and integrity of the community in Papua Province.
Article 49 The Provincial Government shall be required to: (1) guarantee freedom, develop harmony, and protect all religious communities to perform their religious service based on the religion and faith they profess;
(2) respect the religious values professed by religious communities;
(3) recognize the autonomy of religious institutions;
(4) provide proportional support to religious institutions based on the number of communities and what is not binding.
CHAPTER XV
EDUCATION AND CULTURE
Article 50 (1) The Provincial Government shall be responsible for the co-ordination of education at all levels, lines, and types in Papua Province;
(2) The Government shall determine the general policy on the autonomy of tertiary educational institutions, core curriculum, and quality standards at all levels, lines and types of education as the guidelines for the implementation for the Management of Tertiary Educational Institutions and the Provincial Government;
(3) All people of Papua Province shall have the right to access quality education and teaching, as intended in paragraph (1), up to High School level by imposing the lowest charges possible on people;
(4) The Provincial Government shall allow the qualified religious institutions, non government organizations, and the business community to play as big a role as possible in administering quality education in Papua Land;
(5) The implementation of obligations, as intended in paragraph (4), shall be accompanied with financing;
(6) Further arrangement of the provisions referred to in paragraphs (1) to (5) shall be stipulated by the Provincial Regulation.
Article 51 (1) The Provincial Government is under an obligation to protect, build and develop Papua indigenous culture;
(2) In performing the obligation as intended in paragraph (1), the Provincial Government shall allow qualified non-government organizations to play as big a role as possible, as stipulated in the Provincial Regulations;
(3) The implementation of obligations, as intended in paragraph (2), shall be accompanied by financing;
(4) Further arrangement of the provisions, as intended in paragraphs (2) and (3) above, shall be stipulated by the Provincial Regulation.
Article 52 (1) The Provincial Government is under an obligation to build, develop and conserve the variety of regional languages and literature to maintain and solidify the identity of Papua people;
(2) Besides Indonesian as the national language, English shall be the designated second language at all educational levels;
(3) Regional languages may be used as a medium of instruction at the elementary education level according to needs.
CHAPTER XVI
HEALTH AND NUTRITION
Article 53 (1) The Provincial Government is under an obligation to determine quality standards and provide health care to the people;
(2) The Provincial Government shall be required to prevent and control endemic diseases and/or diseases endangering the people's survival;
(3) All Papua people shall be entitled to receive health care, as intended in paragraph (1), by imposing the lowest charges possible on people.
(4) In performing the obligation as intended in paragraphs (1) and (2), the Provincial Government shall allow the qualified religious institutions, non-government organizations and the business community to play role as stipulated in the Provincial Regulation;
(5) Further arrangement on the provision as intended in paragraph (4) above shall be stipulated by the Provincial Regulation.
Article 54 (1) The Provincial Government is under an obligation to design and implement programs for improving and enhancing the nutritional needs of Papuan people;
(2) In performing its obligation, the Provincial Government shall involve qualified non-government organizations in the implementation of the matters referred to in paragraph (1);
(3) The involvement of non-government organizations as intended in paragraph (2) shall be accompanied with financing;
(4) Further arrangement on the provisions as intended in paragraphs (1) to (3) shall be stipulated by the Provincial Regulation.
CHAPTER XVII
POPULATION AND EMPLOYMENT
Article 55 (1) The Provincial Government shall be required to undertake guidance, supervision, and control of population growth in Papua Province;
(2) To accelerate efforts to empower and promote the participation of indigenous Papuans in all development sectors, the Provincial Government shall enforce affirmative policies for a specified period of time;
(3) The population placement in Papua Province in the framework of national transmigration organized by the Government shall be abolished;
(4) Further arrangement on the provisions as intended in paragraphs (1) and (2) shall be stipulated by the Provincial Regulation.
Article 56 (1) Everyone shall have equal rights based on voluntary choice of appropriate employment;
(2) Indigenous Papuans shall have the right to employment opportunities and shall be prioritized for obtaining employment in all work fields based on their education and expertise;
(3) Matters related to employment shall be regulated in the Provincial Regulation.
CHAPTER XVIII
SUSTAINABLE DEVELOPMENT
AND ENVIRONMENT
Article 57 Development in Papua Province shall be guided by principles of sustainable development, environment conservation, benefits, and justice with due consideration of the layout plan.
Article 58 (1) The Provincial Government shall be required to manage and utilize the environment for the maximum welfare of the population, recognize local proprietary and customary rights, and guarantee environment conservation;
(2) To protect biological diversity and the most important ecological processes, the Provincial Government shall be required to manage protected areas;
(3) The Provincial Government shall be required to involve qualified non-government organizations in the management and protection of environment;
(4) The Provincial Government may establish an independent body to settle environment disputes;
(5) Further arrangement on the provisions as referred to in paragraph (1) to paragraph (4) shall be stipulated by the Provincial Regulation.
CHAPTER XIX
SOCIAL
Article 59 (1) The Provincial Government shall maintain and guarantee livelihood to:
a. orphans,
b. old people who need it,
c. physically and mentally disabled people,
d. victims of natural disasters;
(2) In performing the obligations referred to in paragraph (1), the Provincial Government shall allow the non-government organizations to play as big a role as ;
(3) Further arrangement on the provisions as intended in paragraphs (1) and (2), shall be stipulated by the Provincial Regulation.
Article 60 The Provincial Government shall pay special attention to the development of isolated, remote and neglected tribal communities in Papua Province.
CHAPTER XX
SUPERVISION
Article 61 (1) In the framework of undertaking a good, clean, authorized, transparent and responsible government administration, legal supervision, political supervision and social supervision shall be conducted;
(2) Further arrangement of paragraph (1) shall be stipulated in the Basic Regulation.
CHAPTER XXI
COOPERATION AND SETTLEMENT OF DISPUTES
Article 62 Papua Province may organize co-operation agreements in economic, social, and cultural fields with other provinces in Indonesia according to the need. Article 63 (1) Disputes among provinces shall be settled by the Government in deliberation for a consensus;
(2) If in the settlement of disputes among provinces as specified in paragraph (1), one of the parties does not accept the Government's decision, such a party may file for a settlement through the Supreme Court;
(3) Disputes among Regencies/Municipalities shall be settled by the Provincial Government in deliberation for a consensus;
(4) If in the settlement of disputes among Regencies/Cities as intended in paragraph (3), one of the parties does not accept the decision of the Provincial Government, such a party may file for a settlement through the Provincial Judicial Board;
(5) Disputes between Regencies/Municipalities and the Provincial Government, if unable to settle in deliberation for a consensus, may be filed through the Provincial Judicial Board.
CHAPTER XXII
TRANSITIONAL PROVISIONS
Article 64
The Province Governor, Province Vice Governor, Province DPRD, Regent, Deputy Regent, Regency DPRD, Mayor, Deputy Mayor, and Municipality DPRD in the territory of Papua Province appointed before the enactment of this Law, shall continue to perform their duties until their term of office expires.
Article 65
(1) The Province DPRD shall, for the first time, determine the conditions and selection procedure of MRP members;
(2) MRP shall start performing its duties not later than 6 (six) months after the enactment of this Law;
(3) The Papua Parliament shall, not later than 18 (eighteen) months upon effectiveness of this Law, stipulate the Basic Regulation;
Article 66
During the transitional period, the authority performed by the Government shall remain valid until the Basic Regulations which contain the List of Definitive Authorities recognized as the Government authorities pursuant to article 6 paragraph (2), are stipulated.
Article 67
For as long as the Implementation Regulations for this Law are not stipulated, all laws and regulations previously stipulated by the Government and/or Provincial Government, shall remain valid in so far as they are not in conflict with this Law.
Article 68
The Provincial Regulation as the implementing regulation of this Special Autonomy Law shall be stipulated not later than 5 (five) years since its enactment.
Article 69
If the result of history revisions, as intended in article 43 of this Law, indicate that the process of Papua integration into the Unitary State of the Republic of Indonesia in the past, was not based on the international law on a nation's right to self-determination, the Government and Papuan people, through the Papua Parliament, shall take settlement measures.
CHAPTER XXIII
CONCLUDING PROVISIONS
Article 70
Papua Province is a united territory that cannot be expanded into new provinces.
Article 71
The Government Regulation on the implementation of this law shall only regulate matters which are within the Government's authority and there will be consultation with the Provincial Government over its arrangement.
Article 72
In so far it is not stipulated otherwise in this Law, further
provisions for its implementation shall be stipulated by the Provincial Regulation.
Article 73
The provisions of the law which do not comply or are in conflict with this Law shall be declared ineffective in Papua Province.
Article 74
(1) Alterations to this Law may only be made at the approval of Papua people by a referendum. The outcome shall be ratified by the Papua Parliament.
(2) In the case of any alterations to the 1945 Constitution that have a basic impact on the enforcement of this Law, at the Papua Parliament's discretion, a referendum may be organized in Papua Province to determine the political standing of Papua people.
(3) The arrangement procedure for implementing the referendum shall be regulated in the Basic Regulation.
Article 75
If after 5 years of the enactment of these Laws it is apparent that they cannot be implemented effectively, Papuan people, through the Papua Parliament, shall ask the MPR of RI to hold a session on organizing a referendum for determining the political standing of Papua people;
Article 76
This Law shall be effective from the date of its enactment.
In order that all may take cognizance hereof, everyone is instructed to promulgate this Law through its insertion in the Statute Book of the Republic of Indonesia.
Ratified in Jakarta
on 2001
PRESIDENT OF
THE REPUBLIC OF INDONESIA
ABDURRAHMAN WAHID
Enacted in Jakarta
on 2001
STATE SECRETARY
OF THE REPUBLIC OF INDONESIA
DJOHAN EFFENDI
ELUCIDATION OF
THE LAW OF THE REPUBLIC OF INDONESIA
ON
SPECIAL AUTONOMY FOR PAPUA PROVINCE IN THE FORM OF
SELF GOVERNING TERRITORY
I. GENERAL
1. The political decision for uniting the Papua Land into a part of the Unitary State of the Republic of Indonesia since 1963 has obviously not produced the welfare, prosperity and recognition of the fundamental rights of Papua people. The social condition of Papuan people in the education, economic, cultural and social-political sectors is still very poor if compared with the welfare of most of their brothers and sisters in other provinces in Indonesia. In addition, fundamental problems such as human rights (HAM) violations and indications of the denial of Papuan people's historical rights are yet to be settled fairly and with dignity. The above conditions are ironical, as the 4th paragraph of the Preamble of the Constitution of 1945 of the Republic of Indonesia expressly states the objectives of the Indonesian nation, namely: "... to protect all members of the Indonesian nation and the whole motherland, improve social welfare, develop the people's intellectual life, and to participate in maintaining world order, lasting peace and social justice ...".. This should also include the welfare of people in Papua Land. These conditions have caused widespread dissatisfaction throughout Papua, which has been expressed in many forms. Most expressions of dissatisfaction have been dealt with through the use of excessive military force. Violations of HAM have frequently coloured development in Papua. The peak of it is that a large proportion of Papuan people holds the opinion that separation from the Unitary State of the Republic of Indonesia is an alternative for improving their own prosperity.
2. The reform taking place in Indonesia has opened the door to the emergence of various new thoughts on how to overcome Indonesia's significant problems. In the case of Papua, the people's representatives in the MPR-RI have stipulated the need to give Papua Special Autonomy status, as mandated in GBHN (Broad Outlines for State Policy) of 1999 Chapter IV letter (g) point 2. If all parties support the implementation of this Special Autonomy by giving Papuan people as wide a freedom as possible to design its contents, then many problems could actually be resolved. Trust, as intended above, is a positive and significant initial step towards building people's confidence in the Government. At the same time it is a strategic step towards building a strong basic framework for future dialogues on thoroughly overcoming Papua's problems.
3. Special Autonomy for Papua has to be defined clearly and firmly from the start, since Papuan people have formed various negative interpretations of Autonomy. Papuan people's negative experience during the Old Order and New Order government administrations, which also treated Papua as an autonomous area based on Law Number 12 of 1969, is one of the main reasons Papuan's hold this negative attitude. The term Special Autonomy should be defined as freedom for Papua people to arrange and manage themselves. This freedom to arrange and manage themselves shall at the same time mean freedom to have their own government administration and to arrange the utilization of Papua natural wealth for the maximum benefit of Papuan people.. Another aspect, no less significant, is the freedom to design a development strategy, which is in accordance with the characteristics and features of human resources and culture as well as the natural conditions of Papua. Considering part of the development of the identity of Papuan people as a whole is banners symbolic of greatness such as the flag, emblem and anthem, this is essential. The term "special" should be interpreted as the different treatment given to Papua for the specialty it possesses. A practical interpretation of special autonomy in Papua is that there are basic cultural aspects, which are only relevant in Papua and unlikely to prevail in other areas of Indonesia. While at the same time there are cultural aspects prevalent in other areas, which are not found in Papua.
4. There are three basic aspects featured in this Law. Firstly, the clear separation of authority between the Government and the Provincial Government of Papua, by which the Provincial Government has all authority to manage and arrange itself and to have its own government administration, except in matters concerning external defense, foreign politics, monetary and other matters which due to their nature still need co-operation with the central government. For example, if they concern certain international agreements. Secondly, strategic and basic empowerment of indigenous Papuan people - including protecting their rights as indigenous people. Thirdly, the implementation of a government administration which is clean, effective and professional, featuring: (1) firm and clear separation between the authority, duties and responsibilities of legislative, executive and judicatory bodies; (2) the people' participation as much as possible in development planning, implementation and supervision of and co-ordination of government administration in general; and (3) the implementation of development which is directed towards optimally fulfilling the basic needs of the indigenous people and the people of Papua Province in general by firmly holding onto environment conservation and justice principles, directly beneficial to the community and featuring sustainable development.
5. This law places the indigenous people of Papua and Papuan people in general as the central focus of attention. The existence of the Government and the Provincial Government and the government apparatus under them is entirely aimed at providing the best service and empowerment to the people.
II. ARTICLE BY ARTICLE
Article 1
Letter (s)
An indigenous Papuan person refers to a person whose parents are either both of Papua descent or a person who has one parent of Papuan descent.
Article 2
This change of name is the manifestation of the people's desire to express their identity as a Papua ethnic group.
Article 3
The Flag, emblem and anthem, which form the identity of the Papua Province, are believed to be a uniting symbol of efforts to achieve social prosperity within the Unitary State of the Republic of Indonesia.
Article 4
The 12 nautical mile borderline referred to in this article is measured from the coastline at ebb tide.
Article 5
Paragraph (1)
What is meant by Autonomous is that the Province and Regencies or Municipalities have the authority to arrange and manage the interests of local people on their own initiative based on the people's aspiration.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
The arrangement of government Regency and Municipality administration covers the distribution of authority between the Province and Regencies/Municipalities, the structure of government administration of Regencies/Municipalities, the position, duties, authority, rights and obligation of members of DPRD Regencies/Municipalities, norms, standards and procedures concerning the appointment, transfer, dismissal, designation of position, determination of salary, allowance, welfare, pension, rights and obligations, and legal position of Provincial civil servants;
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Article 6
Paragraph (1)
In terms of the monetary sector, Papua's own currency called Papua Rupiah, which would be further regulated by Bank Indonesia and the Provincial Government of Papua, could be put into effect.
Paragraph (2)
Government's authority other than that intended in paragraph (1) shall include among other things, authority which is inter-Province, telecommunication standardization, profession and expertise standardization, quarantine, handling of infectious diseases, and the like.
Paragraph (3)
In the framework of undertaking an economic and trade co-operation, the Provincial Government may establish an international relations board, whose functions would be to conduct research, negotiations and international arbitration in economy, trade, finance, investment and environment affairs.
Paragraph (4)
The placement arrangement for the Indonesian National Armed Forces intended in this paragraph, includes the number and locations of the posts;
Paragraph (5)
Self-explanatory
Paragraph (6)
Agreements approved before the enactment of this law, including Work Contracts between the Government and corporations, shall continue to be upheld in so far as they do not harm Papuan people and are not in conflict with this Law;
Article 7
Paragraph (1)
The Papuan Parliament, which is a vehicle for carrying out democracy, consists of two chambers, namely the Papuan People Assembly as the representatives of indigenous Papuan people and the House of Papuan Representatives as representatives of Local and National Political Parties participating in general elections;
Paragraph (2)
Self-explanatory
Paragraph (3)
The Provincial Government apparatus as intended in this paragraph are the Governor assistance elements, consisting of the Secretariat, Regional Bureaus, and other technical institutions which are established according to the needs and available potentials.
Paragraph (4)
Self-explanatory
Paragraph (5)
The Regency and/or Municipality Government apparatus, intended in this paragraph, are the assistance elements of the Regents and/or Mayors, consisting of the Secretariat, Regional Bureau, and other technical institutions which are established according to the needs and available potentials.
Paragraph (6)
Self-explanatory
Article 8
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Besides performing a legislative function, the MRP also has a
consultative
function and represents the customary community, religious communities and women.
Article 9
Paragraph (1)
Indigenous Papuan women shall be given a place in the MRP. Within the traditions of most ethnic groups in Papua women's rights are not recognized as equal to men, despite the fact they make up at least half the total indigenous population. Besides that the 1/3 quota of the MRP allocated to women, aims to bring justice and give reference to the international agreement on gender.
Paragraph (2)
Self-explanatory
Article 10
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 11
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 12
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 13
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Article 14
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 15
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 16
Paragraph (1)
All members of the DPRP have legal immunity rights in terms of the implementation of duties and authority according to the prevailing laws and regulations. Impunity rights are the rights to independently put forward and an opinion on something without any pressure, in the framework of implementing duties and authority.
Paragraph (2)
Self-explanatory
Article 17
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Article 18
Self-explanatory
Article 19
Self-explanatory
Article 20
Self-explanatory
Article 21
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Article 22
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Article 23
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 24
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 25
Paragraph (1)
The establishment of Local Political Parties does not intend to replace National Political Parties. It does however endeavor to encourage social participation in politics and strengthen representative institutions as institutions for channeling aspirations.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 26
Paragraph (1)
Basic Regulations are the regulations produced and stipulated by the Parliament. The Basic Regulations are the operational basis for implementing Laws on Special Autonomy for Papua Province in the form of a Self-Governing Territory. The Basic Guidelines For Development Policy of Papua Province serve as the basic vision for directing government policy administration and the development of Papua Province within a period of 5 (five) years and in the long term are also stipulated in the Basic Regulation.
Paragraph (2)
To implement this Law and matters regulated in the Basic Regulation, including GBHPPP, the Governor together with the DPRP stipulate the Provincial Regulation as the missional basis.
Paragraph (3)
Self-explanatory
Article 27
Paragraph (1)
Based on the Provincial Regulation, the Governor shall prepare and stipulate the Governor's Decision as the implementation basis.
Paragraph (2)
Self-explanatory
Article 28
Paragraph (1)
Higher laws and regulations in this paragraph shall refer to laws and regulations at the central level, namely the Law and Government Regulations related to specific fields which are within the central authority as intended in article 6 paragraph (2).
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Article 29
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
The term "socialized" here refers to efforts made by the Provincial Government to disseminate and socialize the regulating Provincial Regulations or Governor's Decisions to the general public so that they are understood and implemented properly.
Article 30
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 31
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 32
Paragraph (1)
By validating this Law, the term Regional Pure Income (PAD), as it was known in the past, shall no longer be used in Papua Province. All obligations, which must be paid for by the people and Corporations in Papua Province, shall be the Provincial Pure Income.
Paragraph (2)
Self-explanatory
Article 33
Paragraph (1)
This Law regulates that all forms of tax and non-tax object payments available in Papua Province shall be paid to the treasury of the Provincial Government of Papua. This is the result of the validation of Special Autonomy in this province, because once these laws are put into effect, the people of Papua have to assume all financial burdens for development in the province, on their own. The falling behind of Papua people in many development sectors - a condition admitted by many parties domestically and internationally - may only be settled by mobilizing all capabilities available in Papua, including the financial capacity originated from Papua Land itself.
Paragraph (2)
Considering there are a number of authorities which due to their nature are within the Government's responsibility, which are also related to the implementation of government administration and development in Papua Province, Papua Province shall also assume certain proportional financial burdens in accordance with the extent of this authority. Therefore, the appropriate ratio of financial allocation between Papua Province and the Government shall be 80:20.
Article 34
Paragraph (1)
The population consists of individuals, government institutions and companies whose main activities are in consumption, production and other economic transactions as well as people who have been domiciled in Papua for more than one year. In this interpretation, non-resident shall include among others, people working in another country (for Indonesia this is Indonesian manpower), diplomats, and foreign consuls and foreign employees representatives of foreign companies and international institutions.
Paragraph (2)
Taxes shall be imposed in accordance with payment capacity. The imposition of taxes is not intended to burden the people, but aims to create a vehicle for social participation in development, and at the same time become a tool for enabling people to have more control over government development activities.
Article 35
Paragraph (1)
The backbone of Papua Province's economy refers to profits obtained from natural resource exploitation. A large proportion of these resources is non-renewable. Therefore, a strong economic foundation needs to be laid so that in the long-term, Papua's economy does not merely depend on extractive products.
Article 36
Paragraph (1)
Profits from natural resource processing shall as much as possible not only be obtained from selling raw materials, but shall be increased through the continual processing of raw materials in Papua Province, so that the province will gradually be able to sell processed goods at a higher value.
Paragraph (2)
Self-explanatory
Article 37
Paragraph (1)
To guarantee legal assurance and protection for the business community in improving its role, licenses and co-operation agreements, especially international and/or multinational ones made before the enactment of this law, shall remain valid until the expiration of all licenses and co-operation agreements. Should the licenses and agreements harm the people or be in conflict with the spirit of this Law, they may be reviewed.
Paragraph (2)
Self-explanatory
Article 38
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Self-explanatory
Article 39
Paragraph (1)
Customary rights intended here shall include individual proprietary rights and collective proprietary rights (ulayat rights) on land, water, forest and their contents. Recognition, respect and protection of customary rights in this paragraph including customary rights (ulayat rights) which were once legally transferred to other parties according to legislation regulation procedures and provisions shall not be claimable or claimed back by heirs in the interest of the law.
Paragraph (2)
The utilization of customary rights for government and or private party interest shall be conducted in deliberation for a consensus between the customary community and the parties who need them, and should be accompanied with compensation in the form of cash, land substitution, resettlement, or as shares.
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 40
Paragraph (1)
Customary rights over patent rights covers rights in the arts, including music, dance, carving, painting, plaiting, dressmaking and traditional architecture and other branches of the arts. This also covers rights related to the systems of knowledge and technology developed by Papua customary/indigenous communities, for example traditional medicines and the like.
Paragraph (2)
Self-explanatory
Article 41
Paragraph (1)
Obligations here are not merely government obligations, but also the obligations of members of the society to respect and protect the fundamental rights of other human beings.
Paragraph (2)
The Provincial Human Rights Commission shall carry out its duties through functional co-ordination with the National Committee For Human Rights in order to protect, respect and maintain HAM in order to prevent ignorance, elimination or expropriation of HAM by anyone, except through the Law or the Court's Decision.
Paragraph (3)
Self-explanatory
Article 42
Paragraph (1)
Self-explanatory
Paragraph (2)
Violations of Human rights refers to any individuals or group acts, including the state apparatus (civil, TNI/Indonesian Armed Forces, and POLRI/Indonesian Police), both intentional or unintentional, or any dereliction which legally decreases, hinders, limits and revokes the human rights of someone or a group of people.
Paragraph (3)
The provision of compensation or other forms by the government to the victims or heirs charged on APBN since May 1, 1963 shall be adjusted with the integration of Papua Province into NKRI (the Unitary State of RI). Meanwhile, compensation claims from the victims of HAM violations or their families before the above date and year, shall be submitted to the HAM Judicial Board.
Article 43
Paragraph (1)
This Committee is a Commission of Historical Clarification which undertakes various efforts to hold dialogues between the government and Papuan people concerning the integration history and violation of HAM in Papua since 1963.
Paragraph (2)
Self-explanatory
Article 44
If violations of Women's Rights are suspected to have occurred, the settlement shall be conducted through legal channels, as regulated in articles 45, 46 and or 49 of this Law.
Article 45
Paragraph (1)
Self-explanatory
Paragraph (2)
The Religious Judicature intended in this paragraph and paragraph (3) is the Religious Judicature, particularly for Islam, is concerned with cases of divorce, donation and inheritance.
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Paragraph (7)
Self-explanatory
Paragraph (8)
Customary judicature judgements as intended here are decisions approved by both disputing parties which cannot be passed on to the General Judicial Board.
Article 46
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 47
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 48
Paragraph (1)
Religion here refers to Religions officially recognized by the state, namely: Christianity, Catholicism, Islam, Hinduism, and Buddhism. Faith refers to the value concepts embraced by religious followers, which are recognized and registered at the Department of Religion and Department of National Education.
Paragraph (2)
Obligation here is intended to create a harmonious environment between and within religious communities in the framework of maintaining public security and order.
Article 49
Paragraph (1)
"To develop harmony and protect all religious communities" refers to Provincial Government efforts to create a harmonious environment between and within religious communities.
Paragraph (2)
Religious values refer to the values found in the holy books of the respective religions.
Paragraph (3)
The autonomy of religious institutions refers to the authority of each religion to manage its own religious household without interference from outsiders.
Paragraph (4)
Proportional shall refer to the balanced support provided by the Provincial Government through consideration of the objective conditions of the indigenous religious communities in each area.
Article 50
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Quality education and teaching is the implementation of education and teaching activities at both the school education level, namely elementary, intermediate, and tertiary education, as well as extra-curricular education, which prioritizes improving the educational quality, dignity and intellectual capacity of Papua people as a whole. This is, namely human beings who have faith in and observe God Almighty and who have lofty characters, knowledge and skill, who are physically and mentally healthy, who have stable and independent personalities and who live responsible within the community and nation. Indigenous Papuan's who undertake education at elementary to intermediate education levels will be exempt from educational fees.
Paragraph (4)
For a long period of time education in Papua Land has been implemented by Religious Institutions, among others the Christian Educational Institution (YPK), Catholic Educational and School Institution (YPPK), Education and School Institution of Gospel Churches (YPPGI), Advent Educational Institution (YPA), Islam Educational Institution (YAPIS), and other community lead institutions.
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Article 51
Paragraph (1)
Indigenous Papuan culture here refers to any Papuan culture with ethnic Melanesian characteristics, existing and evolving and passed on through generations in Papua Land. Other ethnic cultures refer to all cultures without ethnic Melanesian characteristics, existing and evolving in Papua Land.
Paragraph (2)
Institutions established by the community shall also be given
opportunities to
participate in the empowerment of indigenous Papuan culture.
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 52
Paragraph (1)
Papua Province has a diversity of indigenous languages and literature in need of attention for their development and conservation.
Paragraph (2)
Self-explanatory
Paragraph (3)
Regional languages here refer to all regional languages existing and evolving in Papua Land which are used as a mother tongue among families and as a medium of instruction at elementary educational level.
Article 53
Paragraph (1)
The quality standards and implementation of quality health service shall be carried out evenly and shall cover all community strata throughout Papua Land.
Paragraph (2)
Endemic diseases are diseases such as: malaria, TBC, etc.; diseases endangering the populations survival are diseases caused by genetic defects.
Paragraph (3)
Imposing the lowest charges possible on people refers to the adjustment of health care fees to the economic capacity of the people, including service fee exemption for poor people, to enable them to receive services free of charge.
Paragraph (4)
For a significant period of time, various foundations, in partnership with the government, have been providing health care in Papua.
Paragraph (5)
Self-explanatory
Paragraph (6)
Self-explanatory
Article 54
Paragraph (1)
In an effort to meet nutritional standards, the nutritional improvement of pregnant mothers and children-under-five, especially those who are poor, and supplementary food for children who enroll in elementary education, has been prioritized.
Paragraph (2)
Concerned Non government organizations working in the nutritional service field, in partnership with the Government's, shall receive support from the Provincial Government.
Paragraph (3)
The Provincial Government shall draft a special and appropriate budget for nutritional improvement, in the form of subsidies for social institutions working in the nutritional service sector.
Paragraph (4)
Self-explanatory
Article 55
Paragraph (1)
Population growth here covers: birth rate, mortality rate and
migration.
Paragraph (2)
Affirmative policy is an approach, which gives special treatment to indigenous Papuans, to enable them to optimally develop self-sufficiency in the shortest period of time, so that they are able to compete with other groups of people. This policy may be followed by other policies for controlling migration to Papua Province with due observance of the following principles: (1) giving priority to investors who intend to make real investments in Papua Land; (2) those who have special expertise/skills required in Papua Province; (3) professional volunteers who support development activities; and (4) those who migrate for obvious humanitarian reasons.
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 56
Paragraph (1)
Individual employment choices shall be in line with an individual's expertise and skill without discrimination.
Paragraph (2)
To give protection to indigenous Papuans in the framework of empowerment in the employment sector.
Paragraph (3) Self-explanatory
Article 57
Sustainable development means that current development efforts in Papua Land shall not sacrifice the quality of life of future generations. Environmental protection refers to development efforts that do not cause environmental destruction, resulting in permanent environmental degradation, and which does not sacrifice people's quality of life or destroy the biological diversity. Profitable means that anything produced from each development activity must be directly beneficial to indigenous Papuans. Justice means that development is for the benefit of all Papuans in all locations and all social levels.
Article 58
Paragraph (1)
Proprietary right are individual rights inherited through generations; Customary rights are rights possessed collectively in the form of ulayat rights; The two rights are respected and recognized through the provision of fair and just compensation to the local customary community.
Paragraph (2)
Self-explanatory
Paragraph (3)
By involving non-government organizations in the management of environment conservation, the Provincial Government may provide financial assistance to non-government organizations as regulated in the Provincial regulations.
Paragraph (4)
Members of the Independent Board for Settlement of Environment Disputes shall be appointed from various independent social groups who have background knowledge on environmental and customary law, and shall be financed by the government. The Independent Board shall aim to settle environment cases disputed between the community and corporations and the Government.
Paragraph (5)
Self-explanatory
Article 59
Paragraph (1)
a. orphans are children living without father and mother, who are poor. b. old people in need are old people who live merely depending on the support of others. c. physically and mentally disabled people are people who are unable to help and support themselves, due to congenital defects and/or calamity. d. victims of natural disasters are among others: victims from floods, landslides, and earthquakes.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Article 60
Neglected tribal groups are groups of people living in certain areas, which remain isolated and unaffected by various influences of modern life.
Article 61
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 62
Self-explanatory
Article 63
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Self-explanatory
Article 64
Self-explanatory
Article 65
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Article 66
Self-explanatory
Article 67
Self-explanatory
Article 68
Self-explanatory
Article 69
Self-explanatory
Article 70
Self-explanatory
Article 71
Self-explanatory
Article 72
Self-explanatory
Article 73
Self-explanatory
Article 74
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Article 75
"Cannot be executed effectively" refers to excessive government intervention, resulting in an inability to effectively implement laws. The referendum for determining the political standing of Papuan people is based on the principle of one person one vote, regarding whether to remain united within the Unitary State of the Republic of Indonesia or to be independent.
Article 76
Self-explanatory