Jayapura, Jubi – The recent decision by the Constitutional Court to uphold the Job Creation Law has led the Pusaka Foundation to question the Court’s role as a guardian of the constitution. The foundation holds the view that the Job Creation Law primarily benefits extractive capital, corporations, and oligarchs, while also endorsing discriminatory development policies towards Papua.
Papua, according to them, has been unfairly categorized as ‘unoccupied’ and ‘unproductive’ land, making it a target for corporate exploitation. As an example, they highlight the case of the forestry company PT Hutan Hijau West Papua, which is recently set to exploit 92,148 hectares of forest in the customary territory of the Moi tribe in Sorong.
The ease with which corporations can dominate land in Papua is attributed to the Forestry Cluster Job Creation Law and Government Regulation No.23 of 2021 on Forestry Organizers. This legislation allows for a larger control of land in Papua, up to 100 thousand hectares, compared to areas outside Papua.
“The adoption of the Job Creation Law represents the operation of a legal regime that supports the interests of extractive industries, in collaboration with a historic bias against Papua,” said Frangky Samperante, the Coordinator of the Pusaka Foundation.
The Pusaka Foundation believes that the Court has shifted its allegiance from safeguarding constitutional principles to serving the interests of the ruling regime, which prioritizes capital extraction over the well-being of the Indonesian people.
While four constitutional judges expressed dissenting opinions, the rejection of the formal review lawsuit has fueled public skepticism about the Court’s independence and its susceptibility to external influence. The Pusaka Foundation argues that the Constitutional Court’s argument for rejection lacks critical legal reasoning and ignores the social injustices caused by the Job Creation Law.
The Job Creation Law is seen as a legal framework that prioritizes economic development and investor interests, aiming to remove obstacles for capital flow into the country. This is achieved by weakening environmental and labor regulations, increasing flexibility in forestry and spatial rules, and strengthening investment regulations. (*)
"Human trafficking and sexual violence are crimes that are contrary to human's dignity. Hence, it must be prevented, eradicated, and handled comprehensively," advisor to the West Papua Governor, Eduard Toansiba, remarked here on Thursday.
Toansiba stated that women figures and religious and indigenous leaders need to be involved in helping the government prevent trafficking and sexual violence.
He remarked that cases of human trafficking and sexual violence in West Papua are like the iceberg phenomenon, with fewer cases reported than the actual figure.
In 2023 alone, 122 human trafficking cases were already recorded, with four of them in West Papua, based on the Women and Children Protection Online Information System (Simfoni PPA).
For this year alone, based on accumulated data recorded through the Women and Children Protection Online Information System (Simfoni PPA), there were 122 trafficking cases in Indonesia and four cases in West Papua.
Meanwhile, West Papua recorded eight women and 24 children, who were victims of sexual violence.
"However, this data does not reflect the real numbers. There are still many cases that have not been revealed, and in fact, cases of human trafficking and sexual violence are increasing," he stated.
To this end, Toansiba remarked that local governments and communities must prevent human trafficking and sexual violence together.
With the gathering event, the figures were expected to play an active role in preventing, handling, and suppressing cases of human trafficking and sexual violence in West Papua.
Head of West Papua's Women's Empowerment and Child Protection Office, Elsina Sesa, explained that high rates of poverty, unemployment, school dropouts, and lack of education make women and children vulnerable to becoming victims of human trafficking and sexual violence.
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