TINJAUAN POLITIK HUKUM PEMBENTUKAN BADAN KHUSUS DALAM UNDANG-UNDANG OTONOMI KHUSUS PAPUA

Abstract

One of the fundamental problems with the second amendment to the Papua Special Autonomy Law is the presence of a special body called Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua as stipulated in chapter 68A. Which chapter was also reviewed to Indonesia Constitutional Court by the people’s assembly of Papua (MRP) and was considered contrary to the principle of the widest possible autonomy. This paper seeks to unravel the legal policy background of the second amendment to Papua Special Autonomy Law using three variables, namely technocracy, legal-philosophy, and participation. To answer the problem, the author uses juridical-normative research with a conceptual and statutory approach and uses secondary data. The result shows that the involvement of the Vice President as chairman of the special body is contrary to the constitution; there is an overlap with similar bodies that have been regulated by the Local Government Law; narrowing the implementation of governance by local governments in Papua. In addition, there are legal-philosophical problems in the interpretation of Article 68A which contradicts the constitutional basis for special autonomy in Article 18B of the 1945 Constitution of the Republic of Indonesia and the lack of participation in the process of amending the Papua Special Autonomy Law.