Challenges to special autonomy in the province of Papua, Republic of Indonesia

Abstract

This paper concerns the problems, particularly from the legal perspective, surrounding the implementation of Law No. 21/2001 on Special Autonomy for Papua Province -commonly referred to as Otsus, from its Bahasa Indonesia name of Otonomi Khusus. For one year I was based at the main state university in Papua, Cenderawasih University in Jayapura the Provincial Capital, assisting a group of academics involved in the drafting of regulations to implement Otsus. My background is that I was seconded from the Legal Office of the devolved Scottish Government to the British Council, the idea being that autonomy in Papua is the same as devolution in Scotland but with much better weather. My central point in this paper will be that Otsus in Papua is in a lot of trouble. In July 2003, more than 18 months after it became a valid law, an evaluation meeting in Jayapura involving the Provincial Government, a Minister from the Central Government (Manuel Kaisiepo, an indigenous Papuan) and other provincial stakeholders concluded that Otsus has been only 10% implemented. Responsibility for Otsus problems lies overwhelmingly with the central government in Jakarta. I will particularly focus on the Presidential Instruction (or INPRES) issued in January 2003 which divides Papua into three new Provinces. This division of Papua is known in Bahasa Indonesia as pemekaran.