Akmal Malik: Legal Certainty for Entrepreneurs Benefit Papuan People

Director General of Regional Autonomy at the Ministry of Home Affairs (Dirjen Otda Kemendagri) Akmal Malik said that the guarantee of legal certainty for entrepreneurs in the Papua Special Autonomy Law provides benefits for indigenous Papuans (OAP).

"The phrase guaranteeing legal certainty for entrepreneurs is actually beneficial for local entrepreneurs or native Papuans because their participation in the economic sector in Papua is guaranteed by law," said Akmal Malik when giving a statement on the agenda of Listening to the Statements of the Indonesian Parliament and the President (III), Session Case Number 47/PUU-XIX/2021, as quoted from Antara 17/11.

At the previous trial, the chairman of the Papuan People's Assembly, Timothy Murib, as the applicant, said that the phrase guaranteeing legal certainty for entrepreneurs has the potential to discriminate against protection and treatment between the people and the owners of capital as entrepreneurs in order to obtain fair legal certainty.

The Petitioners argue that the protection of legal certainty must be obtained by everyone in Papua without exception.

Article 38 paragraph (2) of Law Number 2 of 2021 concerning the Second Amendment to Law Number 21 of 2001 concerning Special Autonomy for the Papua Province states that economic efforts in Papua Province that utilize natural resources are carried out while respecting the rights of the Papua Province. the rights of indigenous peoples, providing legal certainty for entrepreneurs, as well as the principles of environmental conservation, and sustainable development whose regulations are stipulated by Perdasus (Special Regional Regulations).

Through this regulation, Akmal explained that local entrepreneurs or Papuan natives can further maximize the processing of Papua's natural resources to realize the welfare of the Papuan people in particular, and help improve the welfare of the Indonesian people.

"The regulation can be maximized by issuing a Perdasi (Provincial Regulation, ed.) or a Perdasus that is adapted to the characteristics of Papua and the culture of the Papuan people," he added.

The Director General of Regional Autonomy explained that the government established Article 38 of Law Number 2 of 2021 with the aim of promoting equality between Papua and other regions in Indonesia, as well as a form of protection for the basic rights of the Papuan people.

"The goal is for the greatest prosperity and welfare for the people of Papua," said Akmal.

Therefore, he emphasized that the phrase guaranteeing legal certainty for entrepreneurs in Article 38 paragraph (2) of Law Number 2 of 2021 cannot be interpreted by the Petitioner as a phrase that is detrimental to all people in Papua.

SOURCE: https://indonesiatimur.id/2021/11/18/akmal-malik-kepastian-law-bagi-pengusaha-untungkan-orang-asli-papua/