Jayapura, Jubi – Special Autonomy (Otsus) Papua will be ended in 2021, but one of the mandates of Special Autonomy Law, namely the formation of local parties, has not been implemented.
Several years ago, indigenous Papuans formed local political parties. Papua Legislative Assembly (DPR) then issued a special regional regulation (Perdasus) of local political parties. However, the effort was foundered in the hands of central government in Jakarta.
The Minister of Law and Human Rights annulled the decree of local political party, Partai Papua Bersatu. The Minister of Home Affairs also rejected the Perdasus of local political parties, for no apparent reason.
“If there is anything that needs to be fixed in the Perdasus, it should be submitted to us. Sitting with us to discuss that,” said Papua legislator in charge on legislation body, Natan Pahabol to Jubi.
The Papuan House of Representatives will invite Papuan People’s Assembly (MRP), as a cultural institution, to jointly promote the recognition of Perdasus and the presence of local political parties in Papua, before the end of Otsus.
“At that time we went alone because MRP members have not been inaugurated. In the future, we will invite them to coordinate with Domestic Affairs Ministry (Kemendagri), to discuss which articles or paragraphs in the Perdasus need to be revised,” said Natan.
If necessary, the Papuan Legislative Assembly will present to the ministry the intention and purpose of forming a local political party in Papua, as it is permitted under the Special Autonomy Law.
“Local political parties need to be formed immediately to accommodate the rights of indigenous Papuans. There is no reason for the central government against it, because it is mandated by the Special Autonomy Law, we do not ask for anything else,” he said.
Political ‘dowries’ to political parties
In the midst of the chaotic nomination of regional heads in Papua, when ‘political dowries’ favored wealthy candidates cannot be avoided, the existence of local political parties is considered necessary.
The so-called local political parties can be the solution to break political transaction links, which are carried out by members of national party at the central board level.
“If we only hope that national political party, whose decision is on the party’s in Jakarta, it is difficult to bring out a figure that is really supported by public, since the recommendation of political party support will lead to ‘political dowry’,” he said.
“That is bad for democracy and deadly for its potential for the region. There are candidates who really supported by the community, but because of dowry, he did not pass it,” he continued.
The existence of local political parties and its Perdasus, are not only rejected by the central government, but also still debated in Papua itself. There are parties who approve the formation of local political parties. However, some are judged to have no permanent legal force.
The mandate of Chapter VII article 28 paragraph 1 in the Special Autonomy Law of Papua said, indigenous Papuans are entitled to establish a political party, not a local political party, so it is not strong enough to be used as a legal reference for the establishment of local political parties.
It need further legal guidance or judicial review to the Constitutional Court (MK), to get a legal certainty of article 28 paragraph 1 in Papua Special Autonomy Law, to avoid multi-interpretation.
From the institutional side, the Papua Election Commission supports the existence of local political parties, even this institution will fight for special KPU Regulation (PKPU), if local political party in Papua have got legal recognition.
“We often discuss the issue of these local political parties at the national level. We have even visited Aceh to see how the local political parties in the province,” said Chairman of KPU Papua, Adam Arisoi.
Adam agrees the need for further legal advice on the establishment of political parties in Special Autonomy Law, as it is not specified.
“This is a broad explanation, so it needs further legal guidance, because it could be a national political party but domiciled in Papua,” he said.
Papua United Party
That is why the efforts of local political parties, Partai Papua Bersatu (Papua United Party) to register as one of the election participants to the Election Commission of Papua, in October 2017 ran aground. KPU does not want to take risks because there is no clear legal umbrella.
“In principle we accept that. But please respect the institution, because we have rules. If it is said that the local political party is legal, we will not refuse,” he said.
The reason KPU Papua could not accommodate local political parties is understandable. In order to perform its duties and functions, KPU refers to the mechanisms in its law and PKPU. A political party is in the Law Number 7 Year 2017 on General Election.
The existence of local Papuan political parties is different from Aceh. Local political parties in ‘Serambi Mecca’ Aceh were recognized by the state because one part of the Helsinki agreement, 2005, said so. They even have three legal forces, which are accommodated by laws, government regulations, and provincial regulations.
Chairman of the Partai Papua Bersatu, Kris Fonataba said that his party established local political parties several years ago, to implement the amendment of the 1945 Constitution and Chapter VII article 28 paragraph 1 of the Special Autonomy Law of Papua, which calls indigenous Papuans entitled to establish a political party.
“We already have 29 regional chapters in 29 districts and cities in Papua. The existence of this local party is an implementation of the Special Autonomy Law,” said Fonataba.(tabloidjubi.com/Zely)