TINJAUAN YURIDIS TERHADAP PENAMBAHAN PROVINSI BARU DI PAPUA BERDASARKAN HUKUM OTONOMI DAERAH

Abstract

The government passed laws (UU) related to the formation of a new province in Papua, namely Law Number 14 of 2022 concerning the Establishment of the South Papua Province, Law Number 15 of 2022 concerning the Establishment of the Central Papua Province, Law Number 16 of 2022 concerning the Establishment of the Papua Mountains Province on 25 July 2022 and Law Number 29 of 2022 concerning the Formation of the Southwest Papua Province. The formation of the new province in Papua created a polemic in society, especially the Papuan people because it did not involve the Papuan People's Council (MRP) in its formation. The author examines the legal politics of creating a new province in Papua and the position of forming a new province in Papua without involving the Papuan People's Council in the perspective of special autonomy. Based on the problems discussed in this scientific research, the research method used is normative juridical with the Statute Approach. The result of the discussion is that the formation of a new province in Papua is legal according to the law even without the approval of the MRP. Because in accordance with Article 76 of Law Number 2 of 2021 concerning the Second Amendment to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua. The government uses a regional management approach using the top down principle while still prioritizing the principles of democracy and efficiency in reducing disparities between regions in Papua.