Professional Documents
Culture Documents
Considering:
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
c. whereas the existing provisions of laws and regulations have not been optimal in
realizing an equal, wealthy, and prosperous community, especially in Merauke
Regency, Boven Digoel Regency, Mappi Regency, and Asmat Regency;
In view of:
1. Article 18A, Article 18B, Article 20, Article 21, and Article 22D paragraph (2) of
the 1945 Constitution of The Republic of Indonesia;
2. Law Number 21 the Year 2001 regarding Special Autonomy For The Papua
Province (State Gazette of the Republic of Indonesia Year 2001 Number 135,
Supplement to State Gazette of the Republic of Indonesia Number 4151) as
amended several times most recently by Law Number 2 Year 2021 regarding
Second Amendment to Law Number 21 Year 2001 regarding Special Autonomy
For The Papua Province (State Gazette of the Republic of Indonesia Year 2021
Number 155, Supplement to State Gazette of the Republic of Indonesia Number
6697);
HAS DECIDED:
CHAPTER I
GENERAL PROVISIONS
Article 1
Part One
Establishment
Article 2
Based on this Law, South Papua Province granted by Special Autonomy in the context
of The Unitary State of The Republic of Indonesia shall be established.
Part Two
Scope of Territory
Article 3
(1) South Papua Province originated from parts of Papua Province territories that
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
a. Merauke Regency;
d. Asmat Regency.
(3) Scope of the island in South Papua Province shall be set out in Attachment II
which constitutes an inseparable part of this Law.
Part Three
Regional Boundaries
Article 4
(1) South Papua Province shall have the following regional boundaries:
(2) South Papua Province shall have the authority to manage natural resources in
the provincial sea, under the provisions and procedures for line drawing of
authority for natural resource management boundaries in the provincial sea in
accordance with the provisions of laws and regulations.
(4) Definite confirmation of the South Papua Province border on the field as referred
to in paragraph (2) shall be stipulated by the Regulation of The Minister of Home
Affairs.
Article 5
(2) Arrangement of the Spatial Layout Plan of South Papua Province as referred to
in paragraph (1) shall be conducted in accordance with National Spatial Layout
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
(3) The Regency Government in the scope of South Papua Province territory shall
be obligated to adjust the Spatial Layout Plan by referring to the Spatial Layout
Plan of South Papua Province.
Part Four
Capital City
Article 6
CHAPTER III
REGIONAL GOVERNMENT AFFAIRS
Article 7
Regional Government affairs becoming the authority of South Papua Province shall
include any affairs complying with the provisions of laws and regulations.
CHAPTER IV
REGIONAL GOVERNMENT
Part One
Inauguration of Region and Governor Official
Article 8
Part Two
Regional Government
Article 9
(2) Before the definitive Governor and Deputy Governor as referred to in paragraph
(1) are inaugurated, President shall appoint Governor Official from a civil servant
in the position of intermediate high leader position based on the proposal from
the Minister of Home Affairs with a term of office of a maximum of 1 (one) year.
(3) In the event that a definitive Governor and Deputy Governor have not been
inaugurated within the period as referred to in paragraph (2), President may re-
appoint Governor Official for the next 1 (one) time of term of office with a
maximum period of 1 (one) year or replaced with another official in accordance
with the provisions of laws and regulations.
(4) In the event that a definitive Governor and Deputy Governor have not been
inaugurated within the period as referred to in paragraph (3), President may re-
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
(6) Minister of Home Affairs shall carry out development, supervision, evaluation,
and facilitation on the performance of the Governor Official in conducting the
obligation as referred to in paragraph (5).
Article 10
The first funding for the implementation of facilitation of South Papua Governor and
Deputy Governor election facilitation as referred to in article 9 paragraph (1) shall be
sourced from State Budget and may be supported by the Regional Budget of Papua
Province in accordance with the provisions of laws and regulations.
Article 11
Part Three
South Papua DPR
(1) South Papua DPR shall consist of the members that are:
(2) Members of South Papua DPR as referred to in paragraph (1) letter a for the first
time shall be stipulated based on general election results in 2024.
(3) Stipulation of the selection result of the members of South Papua DPR
appointed as referred to in paragraph (1) letter b shall be within no later than 3
(three) months before General Elections Commission stipulates the members of
South Papua DPR selected through the general election.
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
Article 13
Governor Officials of South Papua, for the first time, shall prepare and be responsible
for facilitating the establishment of South Papua Province MRP in accordance with the
provisions of laws and regulations.
CHAPTER VI
CIVIL SERVICES, ASSETS, AND DOCUMENTS
Article 14
(1) Governor of Papua with the Governor Official of South Papua shall organize and
implement civil service management, handover assets as well as documents to
the Provincial Government of South Papua in accordance with the provisions of
laws and regulations
(2) Regent of Merauke, Regent of Boven Digoel, Regent of Mappi, and Regent of
Asmat with Governor Official of South Papua shall organize and implement civil
service management, handover of assets as well as documents to the Provincial
Government of South Papua in accordance with the provisions of laws and
regulations.
(3) Civil service management as referred to in paragraph (1) and paragraph (2) shall
be conducted no later than 6 (six) months after the Governor Official
inauguration.
(4) Civil Service as referred to in paragraph (1) and paragraph (2) shall be prioritized
for civil servants and government servants with an OAP employment agreement
in which the duty and ability are required to support the implementation of the
Provincial Government of South Papua.
(7) Salaries and allowances for civil servants and government servants with
employment agreement as referred to in paragraph (4) while of REegional
Budget of South Papua Province has not been stipulated, it shall be borne by
budget from the relevant working unit in accordance with the provisions and laws
and regulations.
(8) Assets and documents as referred to in paragraph (1) and paragraph (2) shall
include:
(9) In the event that the handover of assets and documents as referred to in
paragraph (8) has not been implemented completely by the Governor of Papua,
Regent of Merauke, Regent of Boven Digoel, Regent of Mappi, and Regent of
Asmat based on the time limit as referred to in paragraph (5), The Minister of
Home Affairs must complete the handover of assets and documents.
CHAPTER VII
ALLOCATION OF TRANSFER TO REGIONS AND GRANTS
Article 15
(1) South Papua Province shall reserve the right to receive an allocation of transfer
to regions based on the state's financial ability and implemented in accordance
with the provisions of laws and regulations.
Article 16
(4) Governor Officials of South Papua shall submit an accountability report on the
realization of the use of grant funds as referred to in paragraph (1) and
paragraph (2) to the grantor with copies to the Minister of Home Affairs and the
minister organizing government affairs in the field of state finance.
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
CHAPTER VIII
DEVELOPMENT, SUPERVISION, AND EVALUATION
Article 18
(2) The Minister of Home Affairs shall carry out supervision and evaluation on the
implementation of obligations of the Papua Province Government, South Papua
Provincial Government, Merauke Regency Government, Boven Digoel Regency
Government, Mappi Regency Government, and Asmat Regency Government as
regulated in this Law.
(3) The Minister of Home Affairs shall carry out an evaluation as referred to in
paragraph (2) and shall coordinate with the relevant technical ministry.
(4) The Minister of Home Affairs shall inform the progress of development and
facilitation as referred to in paragraph (1) as well as the progress of supervision
and evaluation as referred to in paragraph (2) to the House Of Representatives
of The Republic of Indonesia and Regional House Of Representatives of The
Republic of Indonesia.
.
CHAPTER IX
TRANSITIONAL PROVISIONS
Article 19
(2) Provisions on procedures for the establishment and the number of members of
South Papua Province MRP for the first time shall be regulated by the Governor
Regulation that is stipulated by the Governor Official of South Papua.
(3) Draft of Governor Regulation of South Papua as referred to in paragraph (1) and
paragraph (2) shall be stipulated after obtaining approval from The Minister of
Home Affairs.
Article 20
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
Article 21
(1) Provision on the arrangement of civil service in South Papua Province shall be
regulated by regulation of the minister organizing government affairs in the field
of state apparatus with special provisions as the form of affirmation.
(2) Filling of state civil service in South Papua Province for the first time may be
carried out by the admission of:
CHAPTER X
CLOSING PROVISIONS
Article 22
(2) Implementing regulation of this Law must be stipulated within no longer than 2
(two) years since the promulgation of this Law.
(2) Implementing regulation as referred to in paragraph (1) shall also consist of the
types and hierarchy of prevailing laws and regulations as referred to in Special
Autonomy.
This Law shall come into effect on the date of its promulgation.
For public cognizance, it is hereby ordered that this Law be promulgated in the State
Gazette of the Republic of Indonesia.
Ratified in Jakarta
on 25 July 2022
signed
JOKO WIDODO
Promulgated in Jakarta
on 25 July 2022
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
signed
PRATIKNO
ELUCIDATION TO
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 16 YEAR 2022
REGARDING
ESTABLISHMENT OF SOUTH PAPUA PROVINCE
I. GENERAL
In the context of realizing the ideals and objectives of the Unitary State of the
Republic of Indonesia, among others, which are protecting the entire Indonesian
nation and homeland and promoting public welfare, educating the nation life and
building a fair, wealthy, and prosperous Indonesian community based on
Pancasila and the 1945 Constitution of the Republic of Indonesia, it is necessary
to establish new regions.
The establishment of a new region in the Papua territory needs to consider the
Papuan community’s aspirations to accelerate the equitable distribution of
development, public service improvement, and community welfare as well as
The establishment of the new region constitutes one of the important materials in
Law Number 2 the Year 2021 regarding Second Amendment to Law Number 21
the Year 2001 regarding Special Autonomy For The Papua Province. In the said
Law, the establishment of the new region may be conducted by the Government
or House of Representatives of The Republic of Inodneus without preparation
region as commonly regulated in laws and regulations.
Article 1
Self-explanatory.
Article 2
Self-explanatory.
Article 3
Self-explanatory.
Article 4
Paragraph (1)
Paragraph (2)
Self-explanatory.
Paragraph (3)
Referred to as a “territorial map” shall be a map prepared with
proper geospatial information principles, containing geospatial,
regional boundary information elements, and other elements that
are required derived from the spatial accountable process.
Paragraph (4)
Self-explanatory.
Article 5
Self-explanatory.
Article 6
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
Article 7
Referred to as “the scope of affairs in accordance with the provisions of
laws and regulations” shall be as regulated in the law on Papua Special
Autonomy and its implementing regulations.
Article 8
Self-explanatory.
Article 9
Self-explanatory.
Article 10
Self-explanatory.
Article 11
Paragraph (1)
The establishment of regional apparatus is prioritized for
mandatory government affairs that are related to basic services
and mandatory government affairs that are not related to basic
services.
Paragraph (2)
Self-explanatory.
Article 12
Self-explanatory.
Article 13
Self-explanatory.
Article 14
Paragraph (1)
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Civil Servants and government servants with OAP work
agreements shall be a maximum of 80% (eighty percent).
Paragraph (5)
Self-explanatory.
Paragraph (6)
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
Paragraph (7)
Self-explanatory.
Paragraph (8)
Self-explanatory.
Paragraph (9)
Self-explanatory.
Article 15
Self-explanatory.
Article 16
Paragraph (1)
The ability to provide grants shall be pronounced by a
memorandum of understanding on grants.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Article 17
Self-explanatory.
Article 18
Self-explanatory.
Article 19
Self-explanatory.
Article 21
Self-explanatory.
Article 22
Self-explanatory.
Article 23
Self-explanatory.
----------------------
NOTE
Copyright © 1997 - 2023 PT Legal Centric Indonesia. All Rights Reserved.
signed
JOKO WIDODO
ATTACHMENT II TO
LAW OF THE REPUBLIC OF INDONESIA