MK Rejects Lawsuit for Judicial Review of Papua Special Autonomy Law Submitted by MRP

The Constitutional Court (MK) did not accept the judicial review of Law No. 2/2021 on Special Autonomy for the Papua Province (Otsus Papua) proposed by the Papuan People's Council (MRP). The Court assessed that the applicant did not have the legal standing to file the judicial review.

"Declaring the request for a review of the Special Autonomy Law is unacceptable," said Chief Justice of the Constitutional Court Anwar Usman in an open hearing broadcast on the Constitutional Court's YouTube channel, Wednesday (31/8/2022).
 
The Assembly considered that the applicant could not explain the perceived loss of his constitutional rights. Whether it is actual, specific, or at least there is a cause-and-effect relationship. One constitutional judge expressed a dissenting opinion in the decision, namely Saldi Isra.
 
"The Petitioner does not meet the requirements to be given a legal position so that the Court is of the opinion that the Petitioner does not have the legal standing to act as an applicant in the review of the a quo article," said the panel.

In its application, the MRP explained that the reason for conducting a judicial review was that the revision of the law was deemed not to involve the Papuan people through the MRP.
 
This revision is without input, proposals, and participation from the Papuan Provincial Government, MRP, and DPRP, which in this case is the cultural representation of indigenous Papuans in the context of protecting the rights of indigenous Papuans.

So, in this case, it shows that there is no good faith and responsibility of the President of the Republic of Indonesia in the implementation of the authority to submit a draft law.

The Petitioner stated that Papua Special Autonomy must further be understood as a process of political consensus/compromise between the Papuan people and the central government on reflection of the historical journey since 1962 in the face of the dynamics of global and regional developments that continue to escalate.

The enactment of Law 21/2001 aims to resolve the protracted multidimensional conflict in Papua.

“After 20 years of the implementation of the Special Autonomy Law for Papua, it is necessary to conduct a thorough discussion and evaluation related to the implementation of the Special Autonomy Law for the Province of Papua. In essence, the legal politics of the Special Autonomy Law aims to improve people's living standards; realizing justice, upholding human rights, the rule of law and democracy; as well as recognition and respect for the basic rights of indigenous people in the perspective of implementing human rights before and after the issuance of the 2001 Special Autonomy Law for Papua,” explained the petitioner.

SOURCE: https://fajarpapua.com/2022/09/01/mk-tolak-juangan-judicial-review-uu-otsus-papua-yang-dajukan-mrp/