Special Autonomy as a lex specialis
Jakarta (ANTARA) – The Chairman of the Indonesian People’s Consultative Assembly Bambang Soesatyo said that in revising Law Number 21 of 2001 concerning Special Autonomy for Papua, one of the end results could be to place the law as “lex specialis”.
This, according to him, is so that the various provisions contained in it cannot be defeated by various provisions in other laws.
“Considering that in its implementation practice so far, the Papua Special Autonomy Law often collides with other laws, causing confusion and confusion,” said Bambang Soesatyo (Bamsoet) in Jakarta, Monday.
This was said by Bamsoet after receiving the hearing of the West Papua People’s Assembly (MRPB), at the Parliament Complex, Jakarta, Monday.
According to him, the revision of the Special Autonomy Law that was carried out by the government together with the Indonesian Parliament was carried out to ensure that Papua and West Papua still receive special autonomy funds.
In addition, he assessed that the revision of the Special Autonomy Law must ensure that development continues to increase and how technically, everything will be discussed in the revision of the Papua Special Autonomy Law.
“Therefore, the people of Papua and West Papua through the Papuan People’s Assembly together with the Indonesian People’s Consultative Assembly for Papua will guard it. So that the Papua Special Autonomy Law can lead to improving the welfare of the people of Papua and West Papua,” he said.
He explained that the MPR RI For Papua has become a partner of the Ministry of Home Affairs (Kemendagri) to act as a facilitator as well as a communicator who bridges the various interests of the Papuan and West Papuan people.
As a National House, according to him, the MPR RI has an interest in that various developments carried out by the central government always involve various elements of the Papuan and West Papuan community.
“The existence of Presidential Instruction (Inpres) No. 9/2020 shows the real actions of President Joko Widodo in advancing Papua and West Papua.
This is done by instructing the ministries / state institutions to accelerate the development of the welfare of the Papuan and West Papuan people, by prioritizing Indigenous Papuans (OAP) as the subject of development, “he said.
Bamsoet said one of the concrete manifestations of the Presidential Instruction was the provision of empowerment for OAP entrepreneurs and local Papuan entrepreneurs.
According to him, the development pattern approach is also prioritized by local wisdom, especially for the seven customary areas in West Papua which consist of Lapago, Meepago, Animha, Saireri, Mamta, Domberai, and Bomberai.
“To implement the Presidential Instruction, President Joko Widodo issued Presidential Decree (Kepres) No. 20/2020 to form an Integrated Coordination Team for the Acceleration of Welfare Development in Papua and West Papua,” he said.
He explained that the Coordination Team consisted of the Steering Committee and the Implementing Team, Vice President KH Ma’ruf Amin was appointed Chair of the Steering Committee, the Minister of National Development Planning / Head of Bappenas was appointed Daily Chair, while the Implementing Team was led by Bappenas intermediate level officials.
He emphasized that the existence of the President and the Vice President is an inseparable unit, the existence of the Vice President as Chairman of the Steering Committee shows that President Joko Widodo is not playing games in developing Papua and West Papua.
“The Indonesian People’s Consultative Assembly for Papua will always involve MRPB to be an active part of the development process in Papua and West Papua,” he said.
The focus, according to him, is to ensure the involvement of the people of Papua and West Papua while maximizing the role and function of the MRPB.
Also attending were Deputy Chairman of the Indonesian People’s Consultative Assembly, Arsul Sani and Hidayat Nur Wahid, Chair of the Indonesian MPR for Papua Yorrys Raweyai (Chair of Committee II DPD RI), Secretary of the Indonesian People’s Consultative Assembly for Papua Filep Wamafma (DPD RI member), and member of the Indonesian MPR For Papua Robert Cardinal (member of Commission X DPR RI).
While the MRPB present included the Chairperson of the MRPB Maxsi Nelson Ahoren, the Chairperson of the MRPB Household Affairs Committee Yulianus Thebu, as well as the leader of the MRPB Customary, Religious and Women’s Working Group.
Notes on Special Autonomy as a lex specialis:
The expression lex generalis refers, literally, to the “general law”. All countries have their own definition of what is the “general law”, according to the subjects studied in domestic law. It represents a general rule, a general frame, which applies in each area. International law governs the relations between the subjects of this legal system, which are States and international organizations; so two things appear: the subjects of general law, but also the sources of general law.
The purpose of lex specialis (a Latin phrase which means “law governing a specific subject matter”) is to fill the gaps in general law. The scope of the special right or law is, by definition, narrower than that of general law. Thus, it will concern a very specific area such as the law of the sea, the law of the environment or the law of space. The importance of a special regime often lies in the way in which its norms express a unique object and purpose. Thus, their interpretation and application should, as far as possible, translate this object and purpose.
Source: lex generalis and lex specialis