Problematika Pemekaran Daerah: Tinjauan dari Pembentukan Undang-Undang Daerah Otonomi Baru di Papua

Abstract

This article discusses a number of problems arising from the division of Papua into several new provinces. The background to this problem is the judicial review of laws that have been passed, the rejection from the people and the Papuan People's Council (MRP) as the cultural representation of indigenous Papuans, and the revision of the Papua Special Autonomy Law which is considered to reduce the role of the MRP and strengthen the role of the central government in carrying out expansion. The formation of the New Autonomous Region Law was considered to have taken place in a haste: the discussion was carried out for approximately 4 (four) hours and did not address the Problem Inventory List (DIM) from the DPD, thus it was considered to be implementing a Fast Track Legislation (FTL). This is a normative legal research with a statutory and conceptual approaches. The results of the study indicate that, first, the problems that arise are that the expansion was not carried out with an in-depth study and did not pay attention to the characteristics of Papua which is a conflict area. The specificity of the division of Papua which eliminates the preparatory period is predicted to cause the Papua New Guinea to become an area that fails to develop due to the unpreparedness of Papua, especially in terms of financial and economic capabilities. Second, even though the Law on New Autonomous Region was implemented quickly, it does not mean implementing an FTL since FTL is not regulated in Indonesia and the FTL that applies in other countries is only to address emergency problems where there are no clear indicators that division is an emergency matter.