Constitutional Law expert at the Muslim University of Indonesia, Dr. Fahri Bachmid, SH, MH assesses the expansion of New Autonomous Regions (DOB) in Papua and West Papua is a realistic and solution policy option, as well as constitutional, besides that the expansion of new autonomous regions is also the "political will" of the central government which of course has constitutional authority to improving the welfare of the community that is directed, integrated, and sustainable, this is the implementation of the asymmetric decentralization concept and institutions based on the provisions of Articles 18A and 18B of the 1945 Constitution of the Republic of Indonesia
This was conveyed by Fahri Bachmid, in a written statement received, Wednesday 27 April 2022. According to Fahri Bachmid, the authority regarding the expansion of new autonomous regions is the President. And it is regulated in the 1945 Constitution. Fahri conveyed that the plan to form several new autonomous regions in Papua is actually inseparable from legal politics based on the system design as regulated in Law no. 2/2021 concerning the Second Amendment to Law no. 21/2OO1 Concerning Special Autonomy for Papua Province.
In the draft law, it is emphasized that in the context of protecting and upholding dignity, affirming, and protecting the basic rights of Indigenous Papuans, both in the economic, political, and socio-cultural fields, it is necessary to provide legal certainty.
"And 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," said Fahri Bachmid.
Starting from this concept, the state based on its government instruments makes 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 provincial regional arrangement in the Papua region in accordance with with the needs, developments, and aspirations of the Papuan people themselves
"Thus, technically from the "beleeid" side, the actual division of regions into provinces in eastern Indonesia is intended to accelerate equitable development in Papua and to optimize the function of services to the Papuan people in a better direction," he said.
Fahri explained, in principle, the regional expansion policy will improve public services and the welfare of the Papuan people more substantially, as well as have a wedge as a strategy to raise the dignity of the Papuan people.
Government policies related to new autonomous regions in Papua are in line with Law No. 23/2014 on Regional Government, particularly the provisions of Article 49 paragraph (1) which stipulates that:
(1) Regional formation based on consideration of national strategic interests as referred to in Article 31 paragraph (4) shall apply to border areas, outer islands, and certain regions to safeguard the interests and sovereignty of the Unitary State of the Republic of Indonesia.
"This must be read in context as part of considering national strategic interests in order to strengthen the Unitary State of the Republic of Indonesia," explained Fahri Bachmid.
The plan for the expansion of Papua and West Papua is carried out as a mandate from the provisions of the Special Autonomy Law (Otsus) for Papua, the plan for the formation of new autonomous regions in Papua and West Papua, this is the implementation of Law Number 2 of 2021 concerning Special Autonomy for Papua.
"So I think that the government's Beleeid to expand several new autonomous regions in Papua is in the context of carrying out the constitutional tasks of the central government," he explained.
Fahri explained that the expansion of the new autonomous regions in Papua was also considered as a consequence that the implementation of social welfare development in Indonesia actually refers to the concept of a welfare state.
In the fifth precept of Pancasila and the 1945 Constitution it is emphasized that the principle of social justice mandates the responsibility of the government in the development of social welfare, there is a state responsibility to develop state policies in various welfare fields and improve the quality of good public services through the provision of various necessary facilities. by society.
To improve the standard of living of the community in overcoming backwardness, dependence, neglect, and poverty. The concept of the welfare state does not only include a description of a way of organizing welfare or social services, but also a normative concept or an ideal approach system that emphasizes that everyone should receive social services as their right. that is the philosophy of the new autonomous region expansion policy in Papua,” concluded Fahri.
It is known that the expansion of new autonomous regions in Pupua and West Papua still leaves endless polemics. There are three regions that will be expanded in eastern Indonesia, namely South Papua Province, Central Papua Province, and Central Highlands Papua Province.
SOURCE: https://kabarpapua.co/fahri-bachmid-pemekaran-papua-dan-papua-barat-opsi-yang-realistik-dan-solutif/
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