Jayapura, Jubi – The Constitutional Court in Jakarta rejected a petition for a judicial review on Law No. 12/1969 to the 1945 Indonesian Constitution on Monday (1/6/2020) due to the non-legal status of the applicants.
The application for judicial review of Law No. 12/1969 on the establishment of West Irian Autonomous Province and autonomous regencies in West Irian Province was filed on 11 April 2019 by Zadrack Taime, Yan Pieter Yarangga, Paul Finsen Mayor, Sirzet Gwasgwas, Oktovianus Pekei, Albertus Moiwend, Yohanis Petrus Kamarka, Djanes Marambur, Yosepa Alomang, Karel Philemon Erari, Rev. Herman Awom, Thaha M Alhamid, Solidaritas Perempuan Papua (SPP/Papuan Women’s Solidarity), and the Synod of the Gospel Church (KINGMI) in the Land of Papua.
Reading out its ruling No.35/PUU-XVII/2019 in a hearing on Monday, the Constitutional Court stated the applicants have no legal status to submit the judicial review because they deemed to have no constitutional impairment. On this basis, the Constitutional Court rejected their petition.
The Constitutional Court stated that the impairment of constitutional right and/or authority should meet five conditions. First, the constitutional right and/or authority of applicants should granted by the 1945 Constitution. Second, their constitutional right and/or authority have impaired due to the statutory of the petitioned law.
“… It turns out that the petitioners substantially challenged the PEPERA (the Act of Free Choice) of 2 August 1969 that recognised by UN General Assembly Resolution No. 2504 (XXIV) of 19 November 1969. Therefore, there was no connection with the impairment of constitutional right [of the petitioners],” stated in the ruling of the panel of judges led by Anwar Usman.
As a member of the petitioners’ attorney team, advocate Yan Christian Warinussy stated that his clients already suspected that the Constitutional Court would reject their petition. “It showed from the Constitutional Court’s legal consideration saying that Pepera 1969 was an international affair which ratified in Law No. 12 of 1969,” said Warinussy.
Warinussy further stated that it was not reliable if the petitioners were deemed not to suffer any constitutional impairment due to the enactment of Law No. 12 of 1969. “The applicants suffered from a constitutional impairment by PEPERA legitimacy which stipulated into Law No.12 of 1969. [The statutory of the law] then has expanded the slogan of ‘the Unitary State of the Republic of Indonesia is undisputed’ which caused applicants to be treated unfairly in the context of freedom of association, assembly and opinion. That is why they submitted a request to the Constitutional Court,” said Warinussy.
Concerning the Constitutional Court’s decision, Warinussy further said he would promptly learn more about it. “We will meet the petitioners to provide legal explanations, as well as submit a mandate to them to take further legal steps after the verdict,” he said. (*)
Reporter: Angela Flassy
Editor: Aryo Wisanggeni G.
HIV/AIDS transmission in Jayapura Regency claimed to decline
Sentani, Jubi – Jayapura Health Office claims HIV/AIDS cases in Jayapura Regency has declined with only 3,202 cases occurred until last year.
“HIV/AIDS prevention is a complex issue. It would not only the responsibility of the health office, but all parties should contribute in educating the community,” said Pungut Sunarto, the Division Head of Disease Prevention and Management of the Jayapura Regional Health Office, on Tuesday (21/1/2020).
People living with HIV/AIDS in Jayapura Regency are mostly the productive age group ranging from 20-49 years old. There are also infants and children among patients.
“We are always updating the report on people living with HIV/AIDS [in our region]. If not, they would not be able to access the ARV,” said Pungut.
He further said that the family plays a crucial role in preventing HIV/AIDS transmission. Similarly, he continued, life endurance among people living with HIV/AIDS depends on the support from their closest family.
“Those living with HIV/AIDS who regularly take their medicines (ARV) can reduce their medicine (ARV) can reduce the risk of virus transmission. So, please do not blame and stigmatise them,” said Pungut.
Meanwhile, a Sentani resident Edison Sineri agrees that parents have a significant role in preventing their children from behaviours that likely lead to the transmission of HIV/AIDS and other sexual diseases.
“Currently, young people are easily get involved in promiscuity that difficult to control by parents. It possibly leads them to negative behaviours.” (*)
Reporter: Yance Wenda
Editor: Pipit Maizier
Lawyers question commitment over Papuan political prisoners’ right
Nabire, Jubi – The Papua Coalition for Law Enforcement and Human Rights urges the attorney general to fulfil the right of health for seven political prisoners detained in Balikpapan, Kalimantan Timur and consider it as a neglection of the prisoners’ rights.
“We release this statement after one of our clients experienced vomiting blood. He had an internal disease issue,” said the Coordinator Emanuel Gobay on Friday (24/1/2020).
The coalition team asks the Papuan Attorney General’s commitment to providing the right of health to the prisoners as previously promised. It never occurred. Indeed, the Attorney General has neglected their family’s right to visit.
“If the seven detainees were in Papua, of course, their family can come to visit and find an alternative for health treatment.
Therefore, Gobay urges the Attorney General of Papua to recall the seven political prisoners to Jayapura. He said the security issue is no longer relevant as a reason to allocate their trial outside of Papua.
“It is unfair (for the seven detainees) referred that all the trial hearings of anti-racism case held in Papua. All those trials are going well and safe,” asserted Gobay.
Meanwhile, a coalition member Oktovianus Tabuni added that in principle the seven political prisoners are respecting their legal process. However, they want to have their trial in Papua.
“The principle of a trial is to have a timely and low-cost process. Do not let it (the trial) float up like what has been happening now,” said Tabuni. (*)
Reporter: Titus Ruban
Editor: Pipit Maizier
Autonomy budget cut off, Jayawijaya Government reduce supplementary feeding budget
Wamena, Jubi – The Government of Jayawijaya Regency has reduced the number of schools to receive funding on the Supplementary Feeding Program (PMTAS). The reduction relates to the Special Autonomy Funds cut off for the PON (the National Games) 2020
Nurlili, an official at the Jayawijaya Village Community Empowerment Office (DPMK), said last year the program was running in five schools in Napua, Maima, Musaftaf, Wita Waya and Wadangku subdistricts.
“There allocate for only two schools this year because of the budget cut off for the PON. We depend on the Special Autonomy Funds for this program,” Nurlili said in Wamena on Tuesday (21/1/2020).
In 2020, the local government plans to implement the program in four sub-districts, namely Asolokobal, Wesaput, Muliama and Tagime. “But, Muliama and Tagime sub-districts are a bit far, so we decided to implement the program in the zone two, namely in SD YPPK Hepuba in Asolokobal Sub-district and SD Inpres Wesaput in Wesaput Subdistrict,” he said.
The budget allocation for PMTAS Year 2020 reduced from IDR 857 million to IDR 468 million.
However, Nurlili hopes that in February they can conduct training for teachers and women at sub-districts and village levels on healthy food for children.
“At the end of the training, we will purchase some items that are not available in sub-districts and villages to deliver in March. They will be cooking food for the pupils, and we will monitor its implementation. There will be a payment for the cooks, but they should submit the report first,” he said.
In addition to food ingredients, the local government also provides cash for schools to purchase some food from the local markets to help the cash flow of villages and sub-districts.
“This program is very critical because President Jokowi has instructed us to decrease stunting among children. Therefore, we allocate the PMTAS for the primary school children because it is their growth period,” he said. (*)
Editor: Pipit Maizier
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