The Implementation of Special Autonomy in Papua in Legal Pluralism Perspective

Abstract

This paper qualitatively aims to provide understanding that legal pluralism emerged as a new theme that colors every field of the world legal system due to the influence of globalization. In Indonesia, legal pluralism has existed since the colonial era by being treated by the legal systems of each of the Indigenous, Eastern and European groups. Legal pluralism has coexisted with other legal systems that interact and complement each other. This gives color to the substance of the scope of the regulation and implementation of Law No 21 of 2001 regarding Special Autonomy for the Province of Papua with XXIV Chapters and 79 Articles also apply in addition to the civil law state system. There is also a customary law system as the living law, as in Article 50 Paragraph (2) of the Papua Special Autonomy Law. The issue of symbols such as regional flags and regional songs did not get further formulation in the form of a Special Papua Regional Regulation. The basic substance of the Papua Special Autonomy problem lies in its suboptimal implementation in all stratification of Papuan society. In the political dimension, the resolution of the Papua problem is far stronger than the development and improvement of the welfare of the Papuan people. Special Autonomy is more filled with political events such as pemekaran, demonstrations, the return of Special Autonomy to the elections. Very little space is available for concrete programs to improve the standard of living of the people of Papua in order to eliminate the gap within Papua, and with other regions.

Keywords: legal pluralism, implementation, special autonomy, papua