2) An issue behind the Special Autonomy dispute
3) A boy killed in Asiki, allegedly persecuted by security forces
—————————
1) Differences in public perceptions on the termination date of Special Autonomy policy in Papua
Admin1 August 2, 2020 8:10 pm
An illustration of demonstration to decline the Special Autonomy policy Phase II. – Jubi courtesy
Makassar, Jubi – Dr Yusak Reba from Cenderawasih University stated that Law No 21 of 2001 on Special Autonomy will not be ended in 2021 as assumed by many parties.
According to Reba who specialised in the state administration law, “Law No. 21 will not be ended until a regulation to revoke the law is stipulated. Such law has binding legal force.” Reba told Jubi by phone on Wednesday (29/7/2020).
He further explained that what will end in 2021 is the two percent of the national allocation budget that was previously allocated to Papua Province as regulated in Article 34 (3e) and Article 6 of the Special Autonomy Law.
“However, other substantial issues covered in other articles will remain to apply and have binding legal force. Therefore, it would be applied as usual by the provincial government,” he said.
In responding to the different perspectives in public around the Special Autonomy funds and policy, Reba said it needs to clarify to avoid misperception as well as misinterpretation.
He further said despite the Special Autonomy policy will not be terminated, it also cannot be applied without financial support. “It is one package in the context of the Special Autonomy. If there is a special authority, it should be special budgeting for that. These two aspects cannot be separated,” he said.
Furthermore, he said the central government might revise Article 34 of the Special Autonomy on financial clause, but it should consider the ineffectiveness of implementation of the law due to financial issues.
“The allocated two percent could be continued. Or it might be more if there is a revision on Article 34 of the Special Autonomy Law,” he said.
In the meantime, Dr Agus Sumule who was involved in the law’s drafting team gave a similar statement about the termination of two percent of allocated national budget for Papua and Papua Barat. According to him, if the two percent of allocated national budget is discontinued, the two provinces will lose around fifty percent of their regional allocated budget. Therefore, the governments of these two provinces must think of other sources to cover the shortfall of the budget.
“However, if the financial support continues, they should improve their financial management because many parties are concerned about this issue,” said Sumule.
Moreover, Sumule who is also the Vice Chancellor of Papua State University said the primary goal of the Special Autonomy is to improve the welfare and human resources of Papuan people, as well as to develop infrastructure development in these two Indonesian eastern provinces.
However, during the time this goal has not been fully achieved, he said. In an interview with Jubi sometime ago, Sumule mentioned the termination deadline of the Special Autonomy Funds, but not the implementation of the law itself. “What has the termination date is related to finance, while the Special Autonomy Law has not been mentioned to expire. It can be changed if it wants to be changed,” Sumule said at that time. (*)
Reporter: Arjuna Pademme
Editor: Pipit Maizier
———————————————
2) An issue behind the Special Autonomy dispute
Admin1 August 2, 2020 8:07 pm
Makassar, Jubi – Dr Yusak Reba from Cenderawasih University declared there was an issue to to constraint the Provincial Government of Papua to optimise the implementation of the Special Autonomy policy in Papua, Reba told Jubi by phone on Wednesday (29/7/2020).
Further, Reba who is a lecturer of state administration law in the Law Faculty of Uncen said “There is a gap between the implementation and legal norms of the policy. Therefore, it needs some revisions.”
According to him, everyone has their perspectives and indicators in assessing the implementation of the Special Autonomy Law in Papua. In this sense, his opinion was based on his expertise as a lecturer. As such, he thought that well-defined legal norms of regulations are an indicator of the effectiveness of a legislation.
For example, in the Special Autonomy Law, the provincial government was not fully able to stipulate local regulations as it overlapped with other regulations of other sectors which later created confusions for local governments in Papua. They also cannot claim this specialty to stipulate special regulations that might be against the Law.
“There is no theory or principle of the Special Autonomy in the field of law. No matter what the reason is, we still cannot implement such special regulations if they were against the law. That’s our issue in terms of the Special Autonomy Law,” he said.
Moreover, Reba said there are no other options rather than to reorganise the provincial government’s authority in terms of this issue. In addition, both regional and municipal governments in Papua have no special authority regarding the implementation of the Special Autonomy Law because it has not been included in the policy. In this sense, the regional and municipal governments in Papua have implemented the Local Autonomy, but not the Special Autonomy. Therefore, according to Reba, it becomes another issue in terms of the legal norms. As such, it needs to be reviewed to avoid confusions among local governments regarding the implementation of the Special Autonomy Law.
In an interview with Jubi, Dr Agus Sumule who was involved in the preparation of the Special Autonomy Bill declared that the implementation of the Special Autonomy Law is still not well achieved. According to him, sometimes the central government has thought that the Special Autonomy Law has been well implemented because Papua and Papua Barat provinces have received some amount of funds. However, people in both provinces thought money was not everything. It does not guarantee that people in Papua will have similar claims as Jakarta. Because if leaders in Papua have not optimised the funds, in particular in the level of bureaucracy, therefore the goal of Special Autonomy was not achieved.
“In terms of the central government’s claim that indigenous Papuans have taken a strategic position in the government and legislative, but I think it’s too simplified. Because there is a substantial instrument that has not been implemented by the central government,” said Sumule.
For example, he said that some bills stipulated by the provincial government have not been approved by the central government.
“The local regulations in Papua should be regarded as special regulations. Therefore, the central government should respect this,” he said. (*)
Reporter: Arjuna Pademme
Editor: Pipit Maizier
——————————
3) A boy killed in Asiki, allegedly persecuted by security forces
Admin1 August 2, 2020 8:01 pm
Merauke, Jubi – A sixteen years old Oktovianus Warip Betere was allegedly persecuted by members of the Border Security Task Force 561 – Caraka Yudha, Brawijaya Military Command whose base in Asiki, Boven Digoel Regency, Papua.
Pastor Anselmus Amo, the Director of SKP Merauke Archdiocese (KAME), confirmed Jubi by phone on Sunday (26/7/2020). “I have contacted Pastor Yakob from the Asiki Parish to verify the violence committed by soldiers on duty in Asiki,” he said.
The Asiki Parish Pastor reported that the persecution occurred around midday at the military post on Friday, 25 July 2020. It was believed the boy died at the scene because when taken to the Asiki clinic for medical treatment, he had died.
According to the Asiki Parish Pastor, Pastor Amo said that it assumed a resident told soldiers at the Military Post 561 that the victim was stealing something. Based on that report, soldiers went to the Asiki market to get the victim who was eventually there. “That’s right, the boy (victim) tried to escape, but they could get him. He was then tortured, put on a car and taken to the military post,” he said.
Soldiers allegedly continued to beat the boy until he died. They then brought his body to the Asiki clinic to examine. “It’s true that the post mortem showed some visible marks on his body,” he said.
“I don’t know how they hit him to death. Also, I don’t know how many soldiers were involved in this persecution,” he said.
Furthermore, Pastor Amo who was born in Kedang, Lembata Regency of East Nusa Tenggara Province, asked the authority to further investigate this case because the Asiki community questioned the cause of the victim’s death.
He said this case must be thoroughly investigated and the perpetrators must be taken to the court. “We have a team in Asiki who will be investigating this case,” he said.
Separately, Major Infantry Suko Raharjo, the spokesperson of the Military Regional Command 174/ATW, admitted that the investigation team from the Military Regional Command 174/ATW under the Regional Military Chief had come to Asiki on last Saturday (25/7/2020.
So far, according to him, there has been no report yet because the team is still continuing their further investigation.
When asked whether it is true the victim was persecuted in the Military Post Asiki until he died, he denied it. “It’s not true, the victim died in the Asiki Community Health Center,” he declared. (*)
Reporter: Ans K
Editor: Pipit Maizier
————-
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.