LAW OF THE REPUBLIC OF INDONESIA
NUMBER 2 YEAR 2021
ON
SECOND AMENDMENT TO LAW NUMBER 21 YEAR 2001
ON SPECIAL AUTONOMY FOR PAPUA PROVINCE
BY THE GRACE OF GOD ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering:
a. in order to protect and uphold the dignity, provide affirmation, and protecting the basic rights of Papuan indigenous, in terms of economy, politic, and social-cultural, legal certainty is a necessity;
b. in the context of accelerating welfare development and improving the quality of public services as well as the continuity and sustainability of development in the Papua region, it is necessary to make efforts to continue and optimize revenue management in the context of implementing Special Autonomy for the Papua Province in an accountable, efficient, effective, transparent and targeted manner, as well as to strengthen the regional arrangement of the province in the Papua region in accordance with the needs, developments, and aspirations of the Papuan people;
c. Law Number 21 of 2001 on Special Autonomy for the Papua Province as amended by Law Number 35 of 2008 on Stipulation of Government Regulations in lieu of Law Number 1 of 2008 concerning Amendments to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua Becomes Law established based on the provisions of Article 18B paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that the state recognizes and respects special or special regional government units which are regulated by law;
d. Based on aforementioned considerations as pointed in a, b, c, it is necessary to develop Law on Second Amendment to Law Number 21 Year 2001 on Special Autonomy for Papua Province;
In view of:
1. Article 5 para (1), Article 18, Article 18A, Article 18B, Article 20, and Article 22D para (2) of the 1945 Constitution of the Republic of Indonesia;
2. Law Number 21 Year 2001 on Special Autonomy for Papua Province (State Gazette of the Republic of Indonesia Year 2001 Number 135, Supplement to the State Gazette of the Republic of Indonesia Number 4151) as amended by Law Number 35 Year 2008 on Stipulation of Government Regulations in lieu of Law Number 1 of 2008 concerning Amendments to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua Becomes Law (State Gazette of the Republic of Indonesia Year 2008 Number 112, Supplement to the State Gazette of the Republic of Indonesia Number 4884);
3. Law Number 23 Year 2014 on Local Government (State Gazette of Republic of Indonesia Year 2014 Number 244, Supplement to the State Gazette of the Republic of Indonesia Number 5587) as has been amended a few times through Law Number 11 Year 2020 on Job Creation (State Gazette of Republic of Indonesia Year 2020 Number 245, Supplement to the State Gazette of the Republic of Indonesia Number 6573);
By joint approval between
THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
AND
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDE:
To stipulate: LAW ON SECOND AMENDMENT TO LAW NUMBER 21 YEAR 2001
ON SPECIAL AUTONOMY FOR PAPUA PROVINCE
Article I
Several provisions in Law Number 21 Year 2001 on Special Autonomy for Papua Province (State Gazette of the Republic of Indonesia Year 2001 Number 135, Supplement to the State Gazette of the Republic of Indonesia Number 4151) as amended by Law Number 35 Year 2008 on Stipulation of Government Regulations in lieu of Law Number 1 of 2008 concerning Amendments to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua Becomes Law (State Gazette of the Republic of Indonesia Year 2008 Number 112, Supplement to the State Gazette of the Republic of Indonesia Number 4884) amended as follows:
1. The provisions of Article 1 are amended so that Article 1 reads as follows:
Article 1
Under this act, the following definitions shall apply:
1. Papua Province is the provinces in the Papua region which are given Special Autonomy within the framework of the Unitary State of the Republic of Indonesia.
2. Special Autonomy is a special authority recognized and granted to the Papua Province to regulate and manage the interests of the local community according to its own initiative based on the aspirations and basic rights of the Papuan people.
3. Central Government is the President of the Republic of Indonesia who holds the power of government of the Republic of Indonesia assisted by the Vice President and ministers as referred to in the 1945 Constitution of the Republic of Indonesia.
4. Papua Provincial Government is the Governor as an administration element of regional government who leads government affairs which are the regional authority of the Papua Province.
5. Regency/City Regional Government is the Regent/Mayor as an element of regional government organizer who leads government affairs that are under the authority of the Regency/City area.
6. The Governor of Papua Province, hereinafter referred to as the Governor, is the Regional Head and Head of Government who are fully responsible for administering the government in the Papua Province and as the representative of the Government in the Papua Province.
7. The Papuan People’s Representative Council, hereinafter abbreviated as DPRP, is a provincial regional representative institution that is domiciled as one of the elements of the regional administration of the Papua Province.
8. The Papuan People’s Council, hereinafter abbreviated as MRP (Majelis Rakyat Papua), is the cultural representation of the Indigenous Papuans, who have certain powers in the context of protecting the rights of the Indigenous Papuans based on respect for customs and culture, empowering women, and strengthening religious harmony as regulated in this Law.
9. The Regional Emblem is a banner of greatness and a cultural symbol for the splendour of Papuan identity in the form of regional flags and anthems that are not positioned as symbols of sovereignty.
10. Special Bylaw, hereinafter referred to as Perdasus, is the Regional Regulations of the Papua Province in the context of implementing certain articles in this Law.
11. Provincial Regulations, hereinafter referred to as Perdasi, are Regional Regulations of the Papua Province in the context of implementing the authority as regulated in laws and regulations.
12. The Regency/City People’s Representative Council, hereinafter abbreviated as DPRK, is a district/city regional representative institution that positioned as one of the elements of district/city regional government administrators.
13. Districts, formerly known as kecamatan, are the working area of the district head as a district/city regional apparatus.
14. Kampung[1] or what is called by other names is a legal community unit that has the authority to regulate and manage the interests of the local community based on local origins and customs that are recognized in the national government system and are located within the district/city area.
15. The Village Consultative Body or what is called by another name is a group of people who form a unit consisting of various elements within the village and are selected and recognized by local residents to provide advice and considerations to the village government.
16. Human Rights, hereinafter abbreviated as HAM, are a set of rights that are inherent in the nature and existence of humans as creatures created by God Almighty and are His gifts that must be respected, upheld, and protected by the state, law, government, and everyone for the sake of honor and protection of human dignity.
17. Adat is a habit that is recognized, obeyed, institutionalized, and maintained by local indigenous peoples for generations.
18. Adat people are indigenous Papuan people who live in the territory and are bound and subject to certain customs with a high sense of solidarity among their members.
19. Adat law[2] is an unwritten rule or norm that lives in an adat legal community that regulates, binds and is maintained, and has sanctions.
20. Adat Legal Community are indigenous Papuan people who since their birth have lived in certain areas and are bound and subject to certain customary laws with a strong sense of solidarity high among its members.
21. Ulayat rights are the right of alliance owned by certain adat legal communities over a certain area which is the living environment of its citizens, which includes the right to use land, forest, and water and their contents in accordance with laws and regulations.
22. Indigenous Papuans are people who come from the Melanesian racial group consisting of indigenous tribes in the Papua Province and/or people who are accepted and recognized as Papuan Indigenous People by the Papuan Adat Community.
23. Residents of the Papua Province, hereinafter referred to as Residents, are all people who, according to the provisions of the laws and regulations, are registered and reside in the Province of Papua.
2. The provisions of Article 4 are amended so that Article 4 reads as follows:
Article 4
(1) The authority of the Papua Province includes authority in all areas of government, except for the authorities in the fields of foreign policy, defence and security, monetary and fiscal, religion, and the judiciary as well as certain authorities in other fields determined in accordance with the statutory legislation.
(2) In addition to the authority as referred to in paragraph (1), in the context of implementing Special Autonomy, the Papua Province and regencies/cities are given special powers based on this Law.
(3) The authority of the regency/city includes the authority as regulated in the laws and regulations.
(4) International agreements made by the Government that are only related to the interests of the Papua Province are carried out after receiving consideration from the Governor and in accordance with the provisions of laws and regulations.
(5) Papua Province can enter into mutually beneficial cooperation with institutions or agencies abroad in accordance with the laws and regulations.
(6) The Governor coordinates with the Government in terms of the defence spatial policy in Papua Province.
(7) Provisions regarding the exercise of authority as referred to in paragraphs (1) and (2) shall be regulated in a Government Regulation.
(8) The provisions regarding the procedure for giving consideration by the Governor as referred to in paragraph (4) are regulated by a Perdasus.
3. The provisions of Article 5 are amended so that Article 5 reads as follows:
Article 5
(1) The regional government of the Papua Province consists of the Provincial Government of the Papua Province and the DPRP.
(2) In the context of implementing Special Autonomy in Papua Province, the MRP is formed which is the cultural representation of the Indigenous Papuans who have certain authorities in the context of protecting the rights of Indigenous Papuans based on respect for customs and culture, empowering women, and strengthening religious harmony.
(3) The MRP and DPRP are domiciled in each provincial capital.
(4) The Papua Provincial Government consists of the Governor and the regional apparatus.
(5) District/City Regional Governments and DPRKs are formed in each district/city.
(6) The Regency/City Regional Government consists of the Regent/Mayor along with the regional apparatus.
(7) The Village Consultative Body and the Village Government or what is called by another name are formed in each village.
4. The provisions of Second Part of Chapter V are amended as follows:
Part Two
Papuan People’s Representative Council
5. The provisions of Article 6 are amended so that Article 6 reads as follows:
Article 6
(1) DPRP is consisting of members who are:
a. Elected in an election in accordance with the laws and regulations; and
b. appointed from Papuan Indigenous People elements.
(2) The appointed DPRP members as referred to in paragraph (1) letter b are as much as ¼ (one quarter) of the total members of the DPRP as referred to in paragraph (1) letter a.
(3) DPRP members as referred to in paragraph (1) letter b have a term of office of 5 (five) years and ends simultaneously with the term of office of the elected DPRP members as referred to in paragraph (1) letter a.
(4) The position, structure, duties, authorities, rights and responsibilities, membership, leadership, and apparatus of the DPRP are in accordance with the laws and regulations.
(5) The financial and administrative positions of the leadership and members of the DPRP are in accordance with the laws and regulations.
(6) Further provisions regarding the appointed members of the DPRP as referred to in paragraph (1) letter b, paragraph (2), and paragraph (3) shall be regulated in a Government Regulation.
6. Between Article 6 and Article 7, an article is inserted, namely Article 6A which reads as follows:
Article 6A
(1) DPRK is consisting of members who are:
a. Elected in an election in accordance with the laws and regulations; and
b. Appointed from Papuan Indigenous People elements.
(2) The appointed DPRK members as referred to in paragraph (1) letter b are as much as ¼ (one quarter) of the total members of the DPRP as referred to in paragraph (1) letter a.
(3) DPRK members as referred to in paragraph (1) letter b have a term of office of 5 (five) years and ends simultaneously with the term of office of the elected DPRK members as referred to in paragraph (1) letter a.
(4) The position, structure, duties, authorities, rights and responsibilities, membership, leadership, and apparatus of the DPRK are in accordance with the laws and regulations.
(5) The financial and administrative positions of the leadership and members of the DPRK are in accordance with the laws and regulations.
(6) Further provisions regarding the appointed members of the DPRK as referred to in paragraph (1) letter b, paragraph (2), and paragraph (3) shall be regulated in a Government Regulation.
7. The provisions of Article 7 are amended so that Article 7 reads as follows:
Article 7
(1) DPRP has the following duties and authorities:
a. propose the appointment of the elected Governor and/or Deputy Governor to the President of the Republic of Indonesia;
b. propose the dismissal of the Governor and/or Deputy Governor to the President of the Republic of Indonesia;
c. formulate and determine the direction of policies for the organisation of regional government and regional development programs as well as performance benchmarks together with the Governor;
d. discuss and determine the Regional Revenue and Expenditure Budget together with the Governor;
e. discuss the Perdasus Bill and the Perdasi Bill together with the Governor;
f. stipulate Perdasus and Perdasi;
g. compile and stipulate regional development planning documents jointly with the Governor based on the national development planning system and taking into account the specifics of the Papua Province;
h. provide opinions and considerations to the Regional Government of the Papua Province on the proposed international agreement concerning regional interests;
i. conducting supervision on:
1. the implementation of Perdasus, Perdasi, Governor Decree, and other policies of the Regional Government;
2. the implementation of government administration under the regional authority;
3. the implementation of Regional Revenue and Expenditure Budget, and;
4. the implementation of international cooperation in Papua Province;
j. pay attention to and channel aspirations as well as receive complaints and grievance from the Papuan Province residents.
(2) The provisions regarding the implementation of the duties and authorities as referred to in paragraph (1) are regulated in the DPRP Regulation concerning the DPRP Rules of Conduct in accordance with the laws and regulations.
8. The provision of Part Three of Chapter V is amended as follows:
Part Three
Papua Provincial Government
9. The provision of Paragraph (1) and Paragraph (3) of Article 11 are amended so that Article 11 reads as follows:
Article 11
(1) Papua Provincial Government is led by a Regional Head called as Governor.
(2) Governor is assisted by a Deputy Regional Head called as Deputy Governor.
(3) Provisions regarding procedures for the election of the Governor and Deputy Governor are regulated in accordance with the laws and regulations.
10. Provisions of paragraph (3), paragraph (4), paragraph (5) of Article 17 is amended so that Article 17 reads as follows:
Article 17
(1) The term of office of the Governor and Deputy Governor is 5 (five) years and can be re-elected for another term of office.
(2) In the event that the Governor is permanently absent, the position of the Governor is filled by the Deputy Governor until the end of his term of office.
(3) In the event that the Deputy Governor is permanently absent, the position of the Deputy Governor is filled in accordance with the laws and regulations.
(4) If the Governor and Deputy Governor are permanently absent, then the DPRP appoints an official of thePapua Provincial Government who meets the requirements to carry out the tasks of the Governor until a new Governor is elected.
(5) As long as the appointment as referred to in paragraph (4) has not been made, the Regional Secretary shall temporarily carry out the duties of the Governor.
(6) In the event that the Governor and the Deputy Governor are permanently absent as referred to in paragraph (4), the DPRP shall hold the election of the Governor and the Deputy Governor within a period of 3 (three) months at the latest.
11. The provisions of Article 20 is amended so that Article 20 reads as follows:
Article 20
(1) MRP has the following duties and authorities:
a. provide consideration and approval to the candidates for Governor and Deputy Governor proposed by the organizers of the regional head election;
b. provide consideration and approval to the Perdasus Bill submitted by the DPRP jointly with the Governor;
c. provide advice, consideration, and approval to proposal of cooperation agreement, whether made by the Government or thePapua Provincial Government with a third party applicable in the Papua Province, specifically those concerning the protection of the rights of Indigenous Papuans;
d. pay attention to and channel the aspirations, complaints of adat community, religious communities, women, and the community in general concerning the rights of the Indigenous Papuans, as well as facilitating its follow-up resolution; and
e. provide consideration to the DPRP, the Governor, the DPRK, and the Regent/Mayor regarding matters related to the protection of the rights of the Indigenous Papuans.
(2) Provisions regarding the implementation of duties and authorities as mentioned in paragraph (1) is regulated by Perdasus.
12. The provisions of Article 24 remain, the explanation of Article 24 paragraph (l) is changed as stated in the elucidation of article by article.
13. The provisions of Article 28 paragraphs (1) and (2) are removed and the provisions of paragraphs (3) and (4) of Article 28 are amended, so that Article 28 reads as follows:
Article 28
(1) Removed.
(2) Removed.
(3) Political recruitment by political parties in the provinces and regencies/cities in Papua region is carried out by prioritizing Papuan Indigenous People.
(4) Political parties may request consideration and/or consultation from the MRP regarding the selection and political recruitment of their respective parties.
14. The provisions of Article 34 is amended so that Article 34 reads as follows:
Article 34
(1) Sources of provincial and district/city revenue include:
a. Original revenue of province and regency/city;
b. Balance Fund;
c. provincial and district/city revenues in the framework of Special Autonomy;
d. regional loans; and
e. other valid revenues.
(2) Sources of provincial and regency/city original revenue as referred to in paragraph (1) letter a are consisting of:
a. Regional tax;
b. Regional levies;
c. the proceeds of regionally owned companies and the results of the management of other regional assets which are separated; and
d. other legitimate regional revenues.
(3) Balance fund as mentioned in paragraph (1) letter b and provincial and regency/city revenue in the context of Special Autonomy as referred to in paragraph (1) letter c shall apply the following distribution provision:
a. tax revenue share:
1. Land and Building Tax by 90% (ninety percent); and
2. Personal Income Tax by 20%, (twenty percent);
b. Natural resources share:
1. Forestry by 80% (eighty percent);
2. Fisheries by 80% (eighty percent);
3. General mining by 80% (eighty percent);
4. Oil mining by 70% (seventy percent);
5. Natural gas mining by 70% (seventy percent);
c. General Allocation Fund determined in accordance with the laws and regulations;
d. Special Allocation Fund is determined in accordance with the laws and regulations by giving priority to the Papua Province;
e. Special revenue in the context of implementing Special Autonomy in the amount of which is equal to 2,25% (two point twenty-five percent) of the ceiling of the national General Allocation Fund consisting of:
1. general revenue equal to 1% (one percent) of the ceiling of the national General Allocation Fund intended for:
a) development, maintenance, and implementation of public services;
b) improving the welfare of Papuan Indigenous People and strengthening adat institutions; and
c) other matters based on regional needs and priorities in accordance with the provisions of laws and regulations;
2. Revenue whose use has been determined on the basis of implementation performance is 1,25% (one point twenty-five percent) of the ceiling of the national General Allocation Fund targeted for funding for education, health, and community economic empowerment, with a minimum amount of:
a) 30% (thirty percent) for education spending; and
b) 20% (twenty percent) for health spending;
f. additional funds for the implementation of Special Autonomy, the amount of which is determined between the Government and the House of Representatives, is carried out based on the proposal of the province in each fiscal year targeted at funding the development of transportation infrastructure, electricity, clean water, telecommunications, and environmental sanitation.
(4) Revenues in the context of Special Autonomy as referred to in paragraph (3) letter b number 4 and number 5 are valid until year 2026.
(5) After the expiry of the period as referred to in paragraph (4), revenue in the context of Special Autonomy as referred to in paragraph (3) letter b number 4 and number 5 are extended until 2041.
(6) Starting in 2042, the revenue in the context of Special Autonomy as referred to in paragraph (5) will be 50% (fifty percent) for oil mining and 50% (fifty percent) for natural gas mining.
(7) Further distribution of revenue as referred to in paragraph (3) letter b number 4 and number 5 between provinces and regencies/cities is regulated in a fair, transparent and balanced manner through a Perdasus by paying special attention to underdeveloped regions and Papuan indigenous people.
(8) The special revenue in the context of implementing Special Autonomy as referred to in paragraph (3) letter e is intended for all provinces and regencies/cities in the Papua region and is valid until 2041.
(9) The distribution of special revenue in the context of implementing Special Autonomy as referred to in paragraph (3) letter e among provinces and between regencies/cities in the Papua region by taking into account:
a. The number of Papuan indigenous people;
b. The number of residents;
c. Area size;
d. the number of regencies/cities, districts and kampung/villages/kelurahan;
e. geographic difficulty level;
f. construction cost index;
g. level of development achievement; and
h. other indicators in accordance with the provisions of laws and regulations while upholding the principles of justice, transparency, accountability, and right on target.
(10) The distribution of special revenues in the context of implementing Special Autonomy as referred to in paragraph (3) letter e and additional funds in the context of implementing Special Autonomy as referred to in paragraph (3) letter f shall be carried out as follows:
a. inter-provincial division is carried out by the Government;
b. division between provinces and regencies/cities in 1 (one) province area shall be carried out by the Government at the suggestion of the Regional Government of the Papua Province; and
c. the division between regencies/cities in 1 (one) province is carried out by the Government based on the proposal of the Regional Government of the Papua Province.
(11) In the event that the Regional Government of the Papua Province does not submit the proposal as referred to in paragraph (10) letter b and letter c within the stipulated time limit, the Government shall implement the provision as referred to in paragraph (10) without the proposal from the Regional Government of the Papua Province.
(12) The distribution of special revenues in the context of implementing Special Autonomy as referred to in paragraph (3) letter e and additional funds in the context of implementing Special Autonomy as referred to in paragraph (3) letter f is carried out directly by the Government from the state treasury to the provincial treasury and regency/city treasury.
(13) Ministries, non-ministerial government institutions, and thePapua Provincial Government in a coordinated manner provide guidance on the management of revenues within the framework of Special Autonomy as referred to in paragraph (3) letter b number 4 and number 5, letter e, and letter f by upholding the principles of justice, transparency, accountable, and right on target.
(14) Supervision of revenue management within the framework of Special Autonomy as referred to in paragraph (3) letter b number 4 and number 5, letter e, and letter f is carried out in a coordinated manner by ministries, non-ministerial government agencies, regional governments, the House of Representatives, the Regional People’s Representative Council, the Audit Board, and public universities.
(15) Revenue in the context of Special Autonomy as referred to in paragraph (3) letter b number 4 and number 5, letter e, and letter f is utilised based on the master plan by prioritizing principles of good financial management.
(16) The master plan as referred to in paragraph (15) takes into account the direction of acceleration of welfare development in the Papua Province which is determined by the minister in charge of national development planning.
(17) The preparation of the master plan as referred to in paragraph (16) is carried out by the Government together with the Regional Government of the Papua Province.
(18) Further provisions regarding the management, development, and supervision, as well as the master plan of revenue in the context of implementing the Special Autonomy as referred to in paragraph (3) letter b number 4 and number 5, letter e, and letter f, paragraph (13), paragraph (14), and paragraph (15) shall be regulated by a Government Regulation.
15. The provisions of paragraph (2) and paragraph (3) of Article 36 is amended so that Article 36 reads as follows:
Article 36
(1) Amendments and calculations of the Papua Province Revenue and Expenditure Budget are stipulated by a Perdasi.
(2) The revenue as referred to in Article 34 paragraph (3) letter b number 4 and number 5 shall be allocated in the amount of:
a. 35% (thirty-five percent) for education spending;
b. 25% (twenty-five percent) for health and nutrition improvement spending;
c. 30% (thirty percent) for infrastructure spending;
d. 10% (ten percent) for adat community empowerment aid spending;
(3) Provisions on the development and implementation procedure of Provincial Revenue and Expenditure Budget, its amendment and calculation, and accountability and supervision is regulated by Perdasi.
16. The provisions of Article 38 is amended so that Article 38 reads as follows:
Article 38
(1) The economy of the Papua Province, as a part of the national and global economy, is directed and strived to create the greatest possible prosperity and welfare for the entire Papuan people, by upholding the principles of justice and equity.
(2) Economic efforts in Papua Province that utilize natural resources are carried out by respecting the rights of adat communities, providing legal certainty guarantees for entrepreneurs, as well as the principles of environmental conservation and sustainable development which regulations are stipulated by Perdasus.
(3) In carrying out economic efforts in the Papua Province as referred to in paragraph (2), it is obligatory to pay attention to local human resources by prioritizing Papuan Indigenous People.
17. The provisions of Article 56 is amended so that Article 56 reads as follows:
Article 56
(1) ThePapua Provincial Government and Regency/City is responsible for the implementation of education at the path, level, and type of education in accordance with their authority based on the provisions of laws and regulations with due observance of human rights, culture, local wisdom, and pluralism.
(2) The government establishes general policies on higher education autonomy, core curriculum, and quality standards in all path, levels, and types of education as the implementation guidelines for higher education leaders and thePapua Provincial Government.
(3) Every resident of the Papua Province has the right to obtain quality education as referred to in paragraph (1) up to high school level with the people’s burden as low as possible.
(4) In developing and administering education, the Provincial Government and Regency/City Governments provide the widest possible opportunities for religious institutions, non-governmental organizations, and the business world that meet the requirements in accordance with the provisions of laws and regulations to develop and provide quality education in the Papua Province.
(5) The Papua Province Regional Government and Regency/City Regional Governments are required to provide assistance and/or subsidies to education providers organized by communities in need.
(6) The government, Papua Province Regional Government, and Regency/City Government have to:
a. Allocate education budget up to higher education for Papuan indigenous people;
b. Provide education units, educational facilities, and infrastructure, as well as teachers and education personnel; and
c. Ensure the welfare and security of the teachers and education personnel.
(7) The budget from the Government as referred to in paragraph (6) letter a is a complement to the implementation of education which funding comes from revenues within the framework of Special Autonomy.
(8) The government provides guidance and technical support for the implementation of education in accordance with its authority in order to accelerate development in the Papua region.
(9) Provisions regarding the implementation of activities as referred to in paragraph (1) to paragraph (8) are regulated in a Government Regulation.
18. The provisions of Article 59 are amended so that Article 59 reads as follows:
Article 59
(1) The Government and Papua Provincial Government are obliged to set quality standards, provide health services for the population, including improving nutrition, reproductive health, and maternal and child health, as well as making efforts to prevent and control diseases.
(2) The Government, Papua Provincial Government, and Regency/Municipal Governments are obliged to prevent and overcome endemic diseases and/or diseases that endanger the survival of the residents.
(3) Every Papuan resident has the right to obtain health services as referred to in paragraph (1) with the burden on the people as low as possible.
(4) In carrying out the obligations as referred to in paragraph (2), the Regional Government of the Papua Province gives maximum role to religious institutions, non-governmental organizations, and the business world that meet the requirements.
(5) The Government, Papua Provincial Government, and Regency/City Government are obliged to:
a. allocate health budget for health service efforts for Papuan Indigenous People; and
b. ensure the welfare and safety of health workers.
(6) The budget from the Government as referred to in paragraph (5) letter a is a complement to the implementation of health services whose funding comes from revenues within the framework of Special Autonomy.
(7) The government provides guidance and technical support for the implementation of health services in accordance with the authority in the context of accelerating development in the Papua region.
(8) Provisions regarding the implementation of activities as referred to in paragraph (1) to paragraph (7) are regulated in a Government Regulation.
19. The provisions of paragraph (2) of Article 68 is amended so that Article 68 reads as follows:
Article 68
(1) In the context of implementing Regional Government, the Government is obliged to facilitate it through the provision of guidelines, training, and supervision.
(2) The government has the authority to supervise Perdasus, Perdasi, and Governor’s Decrees.
(3) The government is authorized to carry out functional supervision of the administration of regional government in accordance with the laws and regulations.
(4) The government may delegate authority to the Governor as the representative of the government to supervise the administration of regency/city governments.
20. Between Article 68 and Article 69, 1 (one) Article is inserted, namely Article 68A which reads as follows:
Article 68A
(1) In the context of synchronization, harmonization, evaluation, and coordination of the implementation of Special Autonomy and development in the Papua region, a special agency which reports directly to the President is formed.
(2) The special agency as referred to in paragraph (1) consists of a chair and several members with the following composition:
a. Vice President as Chair;
b. The minister in charge of domestic governance affairs, the minister in charge of government affairs in the field of national development planning, and the minister in charge of government affairs in the financial sector as members; and
c. 1 (one) representative from each province in Papua Province as a members.
(3) To support the implementation of the duties of the special agency as referred to in paragraph (2), a secretarial agency with an office in Papua is formed.
(4) Further provisions regarding the special agency as referred to in paragraph (1), paragraph (2), and paragraph (3) is regulated in a Government Regulation.
21. The provisions of Article 75 is amended so that Article 75 reads as follows:
Article 75
(1) Government regulations implementing the provisions of this Law must be enacted no later than 90 (ninety) days after the promulgation of this Law.
(2) The Government Regulation as referred to in paragraph (1) is formulated in consultation with the House of Representatives and the Regional Representative Council and includes the Regional Government of the Papua Province.
(3) Perdasus and Perdasi implementing the provisions of this Law must be enacted no later than 1 (one) year after the promulgation of this Law.
(4) In the event that the Perdasus and Perdasi as referred to in paragraph (3) cannot be promulgated within 1 (one) year, the Government may take over the implementation of the authority as referred to in paragraph (3).
22. The provisions of Article 76 is amended so that Article 76 reads as follows:
Article 76
(1) The division of provinces and regencies/cities into provinces and regencies/cities may be carried out with the approval of the MRP and the DPRP after seriously paying attention to socio-cultural unity, readiness of human resources, economic capacity, and future developments.
(2) The Government and the House of Representatives may divide provincial and district/city regions into autonomous regions to accelerate equitable development, improve public services, and community welfare, as well as elevate the dignity of the Indigenous Papuans by taking into account political, administrative, legal aspects, socio-cultural unity, readiness of human resources, basic infrastructures, economic capacity, future development, and/or the aspirations of the Papuan people.
(3) The division of the provinces and regencies/cities as referred to in paragraph (2) is carried out without the stages of preparatory areas as regulated in the Law on regional governance.
(4) The division must guarantee and provide space for Papuan Indigenous People in political, governmental, economic, and socio-cultural activities.
(5) The establishment of autonomous regions is carried out in accordance with the provisions of this Law and is stipulated by law.
Article II
This Law comes into force on the date of its promulgation
For public cognizance, orders the promulgation of this Law by placing it in the State Gazette of the Republic of Indonesia.
Legalised in Jakarta
On 19 July 2021
PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed
JOKO WIDODO
Promulgated in Jakarta
On 19 July 2021
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
Signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2021 NUMBER 155
ELUCIDATION
OF
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 2 YEAR 2021
ON
SECOND AMENDMENT TO LAW NUMBER 21 YEAR 2001
ON SPECIAL AUTONOMY FOR PAPUA PROVINCE
I. GENERAL
Law Number 21 Year 2001 on Special Autonomy for the Papua Province is the embodiment of state recognition of the uniqueness of Papua as referred to in Article 18B paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that the state recognizes and respects regional government units which are unique or special in nature as regulated by law. The law regulates all aspects of the administration of government politics in the Papua Province, including those related to regional symbols, regional divisions, the authority of the Papua Province Regional Government, the form and structure of government in Papua, institutions and staffing in Papua, political parties, regional regulations, finance, economy, protection of adat communities’ rights, human rights, regional police, judiciary, religion, education and culture, health, population and employment, sustainable development and the environment, social affairs, supervision, and cooperation in dispute resolution.
This Law is an improvement to Law Number 21 Year 2001 on Special Autonomy for the Papua Province as amended by Law Number 35 Year 2008 on Stipulation of Government Regulations in Lieu of Law Number 1 of 2008 concerning Amendments to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua Becomes Law, and to ensure the sustainability of the provision of special autonomy funds for the Province of Papua which has been running for 20 (twenty) years, as well as to accelerate development and increase the equity of development in Papua. This Law amends several articles contained in Law Number 21 of 2001 on Special Autonomy for the Papua Province and adds new material to adapt to the political, economic, and socio-cultural conditions that develop in the community.
This law changes the amount of the Special Autonomy funds, the mechanism and financial management of the Special Autonomy funds to increase the effectiveness and efficiency of the Special Autonomy funds. Changes to articles related to finance are not only directed at improving the governance of Special Autonomy funds, but also to encourage development synergies between the Central Government, Papua Provincial Government, and Regency/City Governments. In addition, this Law also emphasizes the Government’s alignment with Papuan Indigenous People and encourages the preparation of a master plan for education, health, and community economic empowerment in order to improve the welfare of the community. Amendments in this law are also directed at reducing regional disparities in Papua by opening a bottom-up and top-down regional management approach while still prioritizing the principles of democracy and efficiency.
In order to protect and improve the dignity of the Papuan Indigenous People, this Law also adds a new articles, which relates to the composition of the DPRK which previously consisted of only members of the Regency/City Regional People’s Representatives Council who were elected through general elections changed into consisting of DPRK members who are elected through election and appointed from Papuan Indigenous People. In addition, this Law also contains a new article on the establishment of a special agency to synchronize, harmonize, evaluate, and coordinate the implementation of Special Autonomy and development in the Papua region as an effort to increase the effectiveness and efficiency of development in Papua.
II. ARTICLES BY ARTICLES
Article I
Number 1
Article 1
Self-explanatory.
Number 2
Article 4
Paragraph (1)
What is meant by “certain authorities in other fields” is the authority of the Government which includes policies on national planning and control of national development on a macro basis, balance funds, state administration systems and state economic institutions, authority to develop and empower human resources, utilization of natural resources. as well as strategic high technology, conservation, and national standardization.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
In the context of accelerating development and improving the quality of human resources, the Papua Province can establish mutually beneficial relationships with various institutions/agencies abroad in accordance with the laws and regulations. This relationship allows the Papua Province to have an institution or agency established by the Papua Provincial Government or the private sector, which aims to promote education, increase investment, and develop tourism in Papua Province.
Paragraph (6)
The coordination carried out by the Governor with the Government is in terms of the implementation of the defense spatial policy for the interest of the defense of the Unitary State of the Republic of Indonesia and the implementation of military operations other than war in the Papua Province in accordance with the laws and regulations.
Paragraph (7)
Self-explanatory.
Paragraph (8)
Self-explanatory.
Number 3
Article 5
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
To name MRP in each province, the examples are:
a. MRP of Papua Province; and
b. MRP of West Papua Province
To name DPRP in each province, the examples are:
a. House of Representatives of Papua
b. House of Representatives of West Papua
Paragraph (4)
Self-explanatory.
Paragraph (5)
To name DPRK in each regency/city, the examples are:
a. House of Representatives of Jayapura City
b. House of Representatives of Jayapura Regency
c. House of Representatives of Arfak Mountains; and
d. House of Representatives of Sorong City
Paragraph (6)
Self-explanatory.
Paragraph (7)
Self-explanatory.
Number 4
Self-explanatory.
Number 5
Article 6
Paragraph (1)
Letter a
Self-explanatory.
Letter b
What is meant by “from Papuan Indigenous People elements” are representatives of adat community in the province and are not currently a member of any political party for at least 5 (five) years before registering as a candidate for DPRP.
Paragraph (2)
What is meant by “¼ (a quarter) of the total members of the DPRP” includes the composition of at least 30% (thirty percent) of women representation.
Paragraph (3)
What is meant by “5 (five) years and ends simultaneously with the term of office of the elected DPRP members” is the office term of the appointed DPRP members shall not differ from the end of term for elected DPRD members.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Number 6
Article 6A
Paragraph (1)
Letter a
Self-explanatory
Letter b
What is meant by “from Papuan Indigenous People elements” are representatives of adat community in the regency/city area and are not currently a member of any political party for at least 5 (five) years before registering as a candidate for DPRK.
Paragraph (2)
What is meant by “¼ (a quarter) of the total members of the DPRK” includes the composition of at least 30% (thirty percent) of women representation.
Paragraph (3)
What is meant by “5 (five) years and ends simultaneously with the term of office of the elected DPRP members” is the office term of the appointed DPRP members shall not differ from the end of term for elected DPRD members.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Number 7
Article 7
Paragraph (1)
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
Self-explanatory
Letter f
What is meant by “stipulate” is the process of the DPRP Plenary Meeting to stipulate Perdasus Bill into a Perdasus or Perdasi Bill into a Perdasi which then becomes the basis for signing by the Governor.
Letter g
Self-explanatory
Letter h
Self-explanatory
Letter i
Self-explanatory
Letter j
Self-explanatory
Paragraph (2)
Self-explanatory
Number 8
Self-explanatory
Number 9
Article 11
Self-explanatory
Number 10
Article 17
Self-explanatory
Number 11
Article 20
Paragraph (1)
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
What is meant by “cooperation agreement” includes cooperation agreements with third parties, both domestic and foreign, which concerns the protection of the rights of the Papuan Indigenous People.
Letter d
What is meant by “facilitating its follow-up resolution” is the duties of MRP to conduct various efforts to resolve aspiration and complaints in assisting the complainants.
Letter e
What is meant by “consideration” includes MRP’s consideration for DPRK in determining candidates for Regent/Deputy Regent and Mayor/Deputy Mayor.
Paragraph (2)
Self-explanatory
Number 12
Article 24
Paragraph (1)
The representation of MRP members shall not be from a political party and if the person concerned was a member of a political party then the person concerned must have resigned from the political party for at least 5 (five) years at the time of registering as a candidate.
Paragraph (2)
Self-explanatory.
Number 13
Article 28
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Political recruitment by prioritising Papuan indigenous people does not mean reducing the inclusive nature of political party for every citizen of Republic of Indonesia.
Paragraph (4)
Consideration request to the MRP does not mean reducing the independency of political party in the political selection and recruitment.
Number 14
Article 34
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Number 1
What is meant by special revenue in the context of implementing Special Autonomy of a general nature is the Special Autonomy Fund which use is handed over to the region to fund the administration of government affairs under the authority of the region in accordance with the needs and priorities of the region by referring to the master plan related to fund management of Special Autonomy.
Number 2
What is meant by special revenue in the context of implementing Special Autonomy whose use has been determined on the basis of implementation performance is a Special Autonomy Fund whose use has been determined to fund certain activities in the context of increasing the quantity and quality of basic public services as well as improving the welfare of the community which is a regional affair, with the guidance of on the master plan related to funding management in the context of Special Autonomy.
Letter f
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Paragraph (7)
Self-explanatory.
Paragraph (8)
Self-explanatory.
Paragraph (9)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
What is meant by “area” is the land and the sea Letter d
Self-explanatory.
Letter e
Self-explanatory.
Letter f
Self-explanatory.
Letter g
Self-explanatory.
Letter h
Self-explanatory.
Paragraph (10)
Self-explanatory.
Paragraph (11)
Self-explanatory.
Paragraph (12)
Self-explanatory.
Paragraph (13)
Self-explanatory.
Paragraph (14)
Self-explanatory.
Paragraph (15)
Self-explanatory.
Paragraph (16)
Self-explanatory.
Paragraph (17)
Self-explanatory.
Paragraph (18)
What is meant by “management” is, among other, general principles, policy directions, use, planning, budgeting, allocation, distribution, implementation, administration, accountability, reporting, and evaluation.
Number 15
Article 36
Self-explanatory.
Number 16
Article 38
Paragraph (1)
Self-explanatory.
Paragraph (2)
As part of sustainable development in Papua Province, the Papua Provincial Government is obliged to allocate a portion of the Papua Province Revenue and Expenditure Budget obtained from the exploitation of Papua’s natural resources to be saved in the form of an endowment fund, the proceeds of which can be used to finance various development activities in the future.
Paragraph (3)
Self-explanatory.
Number 17
Article 56
Self-explanatory.
Number 18
Article 59
Self-explanatory.
Number 19
Article 68
Self-explanatory.
Number 20
Article 68A
Paragraph (1)
Self-explanatory.
Paragraph (2)
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
What is meant by “representatives” may not be government officials, House of Representatives, Regional Representatives Council, DPRP, MRP, DPRK, and political party members.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Number 21
Article 75
Self-explanatory.
Number 22
Article 76
Paragraph (1)
Self-explanatory.
Paragraph (2)
What is meant by “socio-cultural unity” among other is adat area Paragraph (3)
What is meant by “without the stages of preparatory areas” includes without the obligation to fulfil basic and administration requirements.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Article II
Self-explanatory.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6697
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