THE CONSTITUTIONAL POSITION OF THE PAPUAN PEOPLE'S ASSEMBLY IN THE IMPLEMENTATION OF GOVERNMENT IN THE LAND OF PAPUA

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Authors: Dorsinta Rita Lasmawati Hutabarat, Salmon Eliazer Marthen Nirahua, J. Tjiptabudi, Jemmy Jefry Pietersz
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Abstract

Background: The enactment of Law No. 21 of 2001 on Special Autonomy for Papua Province grants broad authority to the government and the Papuan people to autonomously manage their territory within the framework of the Unitary State of the Republic of Indonesia. This special autonomy entails significant responsibility for the provincial government and its people to administer governance and regulate natural resources to achieve maximum prosperity for Indigenous Papuans. Methods: This study employs normative legal research supported by an empirical approach. The research identifies legal rules, principles, and doctrines to address specific legal issues, particularly concerning the impact of the Hawear (Sasi) cultural practices on marine resource management under statutory provisions. Secondary data were analyzed juridically and complemented by primary field data. Results: The findings indicate that Special Autonomy strengthens the position of the Papuan People's Assembly (MRP) as a cultural representation institution with strategic authority. The MRP's role is reflected in its "Veto" power or binding considerations regarding certain matters, including the approval of Gubernatorial and Vice-Gubernatorial candidates (who must be Indigenous Papuans), the protection of indigenous rights, and policies regarding natural resource utilization. The MRP serves as an official aspiration channel for indigenous communities, women, and religious leaders to ensure that government policies align with cultural preservation and the welfare of Indigenous Papuans.

Fields of Study & Subjects

Indigenous Peoples' Rights and Law Indonesian Legal and Regulatory Studies Legal and Policy Analysis in Indonesia

Publication details

Journal / source
Veredas do Direito Direito Ambiental e Desenvolvimento Sustentável
Volume
23
Pages
e234754–e234754
Publication date
4 March 2026
Language
EN