The Expanding Democracy Way for Indigenous Papuans As Regional Government Actors

(Lessons Learned From Affirmative Policy Concerning “The Special Autnomy Seats” In The Regional People's Representative Councils In Papua, Indonesia)

Abstract

In Papua, in addition to having membership of the Regional People's Representative Council (RPRC) elected through general elections, there is also membership of the Regional People's Representative Council which is filled with an appointment mechanism from Indigenous Papuans (IP), that commonly known as the "kursi otsus".  After the revision of Papua's special autonomy law in 2021, special autonomy seats are not only in provincial parliaments, but also in district/city parliaments in Papua, including in 4 new provinces in Papua, namely South Papua, Central Papua, Papua Mountains, and Southwest Papua. Indigenous Papuans are people who come from the Melanesian race group consisting of indigenous tribes in Papua Province and / or people who are accepted and recognized as IP by the Indigenous Peoples of Papua. In order to recognize, protect, and empower indigenous Papuans, affirmative policies are enacted, including appointing their representatives to occupy positions in the RPRC so that they can play an active role in decision-making and the implementation of local government in Papua. However, in its application, the affirmative policy of IP appointment is still faced with various problems both in the appointment recruitment process and during the implementation of its duties and functions in the RPRC institution which conflicts with the RPRC membership elected through General Elections. These problems are interesting to be researched, and will be reviewed in this paper, in order to find legal solutions, in the implementation of the RPRC appointment process from IP and the implementation of its duties and functions in the RPRC.