Monday, June 1, 2015, ELSAM held a discussion on juridical appraisal on the Regulation of Governor of Papua and West Papua on Compensation Standards of Wood and Non-Wood Production in the Area of Indigenous People. This discussion is intended to dissect the entire content of Governors’ regulation by providing critical notes. Y.L. Franky from Yayasan Pusaka (Pusaka Foundation) and Prof. Dr. Ana Erliyana. SH., MH. from Law of Administration, University of Indonesia, presented as guest speakers.
Regulation of Governor of Papua No. 64/2012 on Compensation Standards of Wood and Non-Wood Production in the Area of Indigenous People (Executive Order No. 64/2012) and Regulation of Governor of West Papua No. 5/2014 on Compensation Standards of Wood Production in the Area of Indigenous People (Executive Order No. 5/2014) had provided convenience for companies to pay compensation at the low price to Indigenous People in Papua and West Papua.
With low compensation, the subsequent implication was serious threat to forest destruction. It hadn’t stopped there, forest destruction in Papua and West Papua made limited access to the public in utilizing forest productions and declining community’s ability to meet food resources which they had used to obtain at any time from the woods, plantation and sago village. Such condition was forcing indigenous people to become company workers. In fact, according to Franky, Indigenous people in Papua were becoming dependent to expensive commercial product, while wages they earned as workers and compensation amount they received were insufficient.
In terms of administration, Executive Order No. 64/2012 could be null and void, because it was published by Acting Governor. Prof. Ana Erliyana explained, “according to Art. 5 letter b Law No. 12/2011 on Making Rules, a legislation shall be cancelled or null and void if it was passed by unauthorized state official. This is according to the law instead of me. It is obvious that the duty of Acting Governor is to run daily tasks, not to validate executive order.”
Beside, Papuans were being aggrieved by the implications of both Executive Orders and would file a lawsuit on Unlawful Deeds in the local District Court.