The Legal Standing of the Papuan People's Assembly on Local Government System in the Province of Papua

摘要

Legal standing of Papuan People's Assembly (hereinafter referred to MRP) in the local government system in Indonesia is an auxilary state organ, which has the same position with the local government and the Papuan House of Representative (hereinafter referred to DPRP), but differentiate in terms of duties, functions, and authorities. MRP basically is the spirit of the Papua Special Autonomy. In the context of power-sharing system, the Government has authorities to implement the provision of services, community development, and implementation of development. It has also the authority to carry out the functions of coordination, guidance, and supervision of the administration of the local government in the level of regency / minacipality in the area of the province of Papua. DPRP as a legislative body has been authorized to exercise the functions of: ( a) legislation; (b) budgeting; and (c) controlling. MRP furthermore has the authority to carry out the functions of protection of the rights of indigenous people (Papuans), which is based on respect for local customs and culture, empowerment of women, and strengthening religious life in harmony. To find a legal and institutional harmonization of the Local Government, DPRP and MRP, in achieving the law (rechts idea), the Law No. 21 of 2001 on Special Autonomy and the Law No. 64 of 2008 on the Papua People's Assembly have the cornerstone of the Special Autonomy. However, in terms of institutional formation of MRP, there are some articles to be revised due to they are not in accordance with the actualization of the implementation of the special autonomy in Papua.