THE REPEAL OF ARTICLE 28 OF THE PAPUA SPECIAL AUTONOMY LAW AND THE ISSUE OF POLITICAL REPRESENTATION FOR INDIGENOUS PAPUANS

Abstract

The amendment of Law Number 21 of 2001 via Law Number 2 Tahun 2021 repealed Article 28 paragraphs (1) and (2), which previously provided a framework for strengthening the political representation of Indigenous Papuans (OAP) within the Papua Special Autonomy (Otsus Papua) regime. This amendment signifies a shift in the legal-political design of Papua’s Special Autonomy, particularly regarding the regulation of OAP political representation as a component of Papua's asymmetric autonomy. This article examines the status of Article 28 within the design of OAP political representation and the constitutional implications of its repeal for Indonesia's constitutional system. This study employs normative legal research utilizing statutory, conceptual, and historical approaches. The findings indicate that Article 28 held a constitutional status as an instrument of constitutional recognition and affirmative governance within the Papua asymmetric autonomy regime. The repeal of Article 28 paragraphs (1) and (2) reflects a shift in the state's legal-political stance from an affirmative approach toward the harmonization of a more uniform national political system. This change results in a narrowing of the scope for affirmative political representation for OAP and a reduction in the asymmetric nature of Papua’s Special Autonomy in the political sphere. Although political protections for OAP have not been entirely eliminated, the repeal of Article 28 nonetheless demonstrates a restructuring of the design for OAP political representation within Indonesia's constitutional system.