THE CONSTITUTIONAL POSITION OF THE PAPUAN PEOPLE'S ASSEMBLY IN THE IMPLEMENTATION OF GOVERNMENT IN THE LAND OF PAPUA

Abstract

Background: The enactment of Law No. 21 of 2001 on Special Autonomy for Papua Province grants broad authority to the government and the Papuan people to autonomously manage their territory within the framework of the Unitary State of the Republic of Indonesia. This special autonomy entails significant responsibility for the provincial government and its people to administer governance and regulate natural resources to achieve maximum prosperity for Indigenous Papuans. Methods: This study employs normative legal research supported by an empirical approach. The research identifies legal rules, principles, and doctrines to address specific legal issues, particularly concerning the impact of the Hawear (Sasi) cultural practices on marine resource management under statutory provisions. Secondary data were analyzed juridically and complemented by primary field data. Results: The findings indicate that Special Autonomy strengthens the position of the Papuan People's Assembly (MRP) as a cultural representation institution with strategic authority. The MRP's role is reflected in its "Veto" power or binding considerations regarding certain matters, including the approval of Gubernatorial and Vice-Gubernatorial candidates (who must be Indigenous Papuans), the protection of indigenous rights, and policies regarding natural resource utilization. The MRP serves as an official aspiration channel for indigenous communities, women, and religious leaders to ensure that government policies align with cultural preservation and the welfare of Indigenous Papuans.