Papua is Legal and Final in International Law as Part of Indonesia

President Joko Widodo (Jokowi) said he was proud that the National Sports Week (PON) was being held for the first time in Papua. This event gives the spirit of nationalism, a sense of nationalism to all Papuans that they are part of the Indonesian people.

Papuan youth leader Gazali Renngiwur said the success of the PON implementation in Papua gave birth to a sense of nationalism among the Papuan people. Moreover, the Lukas Enembe Stadium has become one of the largest stadiums in Asia. Therefore, the sense of nationalism in Papua must always be fostered with a welfare approach and eliminate the sense of racism.

Since rejoining or escaping from the grip of the Dutch government, Papuans historically, culturally and politically have continued to cultivate this sense of Indonesian nationality. This is because the Indonesian government's policy on the status of Papua in terms of international law is final, namely, Papua is part of the territory of the Republic of Indonesia. One of the basic principles contained in international law has been the background long before the 1969 Papera, Papua has become a legal part of the Unitary Republic of Indonesia is,
 
"Uti Posedetis juris principle. This principle is recognized in international law and has been widely practiced in various countries. This principle essentially stipulates that "the boundaries of the former colonies which later became independent follow the boundaries of the territory before the country became independent". The logical consequence of this principle is related to the issue of West Papua, which automatically changes its status to become part of the territory of the Republic of Indonesia since the time of the proclamation of 17 August 1945," he said, Wednesday (1/12/2021).

International legal expert Eddy Pratomo stated that the movement of the Papuan Separatist Terrorist Group (KSTP) to echo the need for a referendum has no basis. The desire of a handful of groups for a referendum for Papua is no longer self-determination but belongs to the category of separatism. "It is not only national law that prohibits a referendum for Papua, but also international law," said the former German ambassador during the History of Papua Integration and Indonesian Nationalism webinar.
 
According to him, a referendum for self-determination can only be carried out in the context of colonialism and this has been carried out by Papua along with all other regions of the Republic of Indonesia together on August 17, 1945. Regarding the context of self-determination in international law, that an entity can separate itself from the state is only limited. for colonial states used for exploitation, and not for sovereign states. Meanwhile, the separation of Papua from Indonesia cannot be done because Indonesia is a sovereign country.

Indonesia has also fulfilled its respect for internal self-determination because it has granted special autonomy in Papua which embodies the rule of law, protection of human rights and the improvement and welfare of the Papuan people. Therefore, if there is an attempt to release Indonesia's sovereignty with a secession campaign, it does not have a legal basis under international law.

"So it should be crushed by law enforcement methods. Whatever happens in Papua, such as shootings and riots, is an internal affair of a country, so the state is obliged to take legal action. Moreover, the issue of Papua has actually been resolved a long time ago but is only used as a tool by elements or elements," he explained.

A former member of the Ombudsman, Ahmad Suaedy highlighted that the most important thing is the guarantee of the substantial rights of the Papuan people, which makes sovereignty a citizen of the Republic of Indonesia. The guarantee covers tribal traditions and the relationship between the people and the land.

“We need to consider institutional and regulatory considerations to ensure this. In its development, since the existence of Law 21/2001 to the amendment of Law 3/2021, the integration of the state and politics has followed these changes by becoming a substantial democratic justice. Their rights of expression and collective identity must not be removed and then assimilated into a national identity itself. Identity and the right to expression must be guaranteed as part of national identity,” said the author of the book Gus Dur, Islam Nusantara, and Citizenship of Bineka: Conflict Resolution in Aceh and Papua 1999-2001 (2018)

Indigenous Papuan leader from Kaimana, Safar M Furuada hopes that special autonomy volume 2 in Papua can play a major role in empowering indigenous Papuans, focusing more on building public service facilities and promoting dialogue as has been done with Aceh. In addition, to erase the burden of past history, reconciliation is also needed within the framework of law enforcement and justice in Papua.
 
According to him, at the Papuan indigenous peoples conference, which was attended by representatives of the regional customary councils from 42 districts from 7 customary territories in October 2021, they urged the central government to conduct a humanitarian pause to facilitate the health and rescue of refugees, prioritize dialogue and draw up regulations involving all institutions. in Papua to solve the problem.

“Papuans will feel part of Indonesia through a social approach. Not only how Papua loves Indonesia, but also how Indonesia loves Papua.” he stressed the Papuan figure who is also the secretary of the MUI in Kaimana.

SOURCE : https://national.sindonews.com/read/615247/14/papua-sah-dan-final-dalam-law-internasional-as-part-dari-indonesia-1638335558/