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Type: LAW (UU)

By: THE PRESIDENT OF REPUBLIC OF INDONESIA

Number: 14 YEAR 2022

Date: 25 JULY 2022 (JAKARTA)

Reference: LN 2022/157; TLN NO 6803

Title: ESTABLISHMENT OF SOUTH PAPUA PROVINCE

BY THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
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a. whereas to achieve the goal and purpose of The Unitary State of The Republic
of Indonesia namely develop an Indonesian community that is just, wealthy and
prosperous based on Pancasila and the 1945 Constitution of The Republic of
Indonesia, it is necessary to carry out expansion in Papua Province territory;

b. whereas expansion of territory in Papua Province needs to consider Papua


community’s aspirations for accelerating development distribution, public service
improvement, and community prosperity as well as elevating the dignity and
honor of Indigenous Papua, especially in Merauke Regency, Boven Digoel
Regency, Mappi Regency, and Asmat Regency;

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;

d. whereas based on the considerations as referred to in letter a, letter b, and letter


c, it is necessary to establish Law on the Establishment of South Papua
Province;

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);

By the Joint Consent of


HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and

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PRESIDENT OF THE REPUBLIC OF INDONESIA

HAS DECIDED:

To stipulate: LAW REGARDING ESTABLISHMENT OF SOUTH PAPUA PROVINCE.

CHAPTER I
GENERAL PROVISIONS

Article 1

Referred to herein as:

1. Central Government shall be The President of The Republic of Indonesia holding


governmental power of The Republic of Indonesia assisted by the Vice President
and ministers as referred to in the 1945 Constitution of The Republic of
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Indonesia.

2. Regional Government of South Papua Province shall be the Governor as an


element of the regional government organizer who leads government affairs
which is the regional authority of the South Papua Province region.

3. Regional Government of the Regency/City shall be Regents/Mayors as an


element of regional government organizer who leads government affairs which
are the regional authority of the regency/city.

4. Special Autonomy shall be special authority acknowledged and granted to


Papua Province and provinces in the Papua territory to regulate and administer
the local community interest according to self-initiative based on aspiration and
basic rights of the Papua community in accordance with the provisions of laws
and regulations.

5. House of Representatives of South Papua hereinafter referred to as South


Papua DPR shall be the provincial regional representative institution positioned
as one of the elements of the regional government organizer of South Papua
Province.

6. Papua People’s Assembly of South Papua Province hereinafter referred to as


South Papua Province MRP shall be a cultural representation of Indigenous
Papuans, that have a certain authority in the context of the protection of
Indigenous Papuans' rights based on respect to the customs and culture, women
empowerment, and strengthening religious harmony as regulated in laws and
regulations.

7. Papua province shall be an autonomous region as referred to in Law Number 12


Year 1969 regarding The Establishment of an Autonomous Province of West
Irian and Autonomous Regencies in West Irian Province.

8. Indigenous Papuans hereinafter abbreviated as OAP shall be people who


originated from the Melanesian race family that consists of indigenous tribes in
Papua Province and/or the people who are accepted and recognized as OAP by
the Papuan Custom Community.

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CHAPTER II
ESTABLISHMENT, SCOPE OF TERRITORY, REGIONAL BOUNDARIES, AND
CAPITAL CITY

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
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consist of:

a. Merauke Regency;

b. Boven Digoel Regency;

c. Mappi Regency; and

d. Asmat Regency.

(2) Scope of territory as referred to in paragraph (1) shall be illustrated in the


territorial map as set out in the Attachment which constitutes an inseparable part
of this Law.

(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:

a. the northern part is bordered by Nduga Regency, Yahukimo Regency,


Pegunugnn Bintang Regency;

b. eastern part is bordered by Papua New Guinea State;

c. southern part is bordered by the Arafura Sea; and

d. western part is bordered by Mimika Regency and Aru Sea.

(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.

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(3) Regional boundaries as referred to in paragraph (1) and boundaries of natural
resource management authority in the provincial sea as referred to in paragraph
(2) shall be illustrated in a territorial map with coordinates as set out in
Attachment I which constitute an inseparable part of this Law.

(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

(1) By the establishment of South Papua Province as referred to in Article 2, The


Provincial Government of South Papua shall stipulate the Spatial Layout Plan of
South Papua Province in accordance with the provisions of laws and regulations.

(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
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Plan as well as consider the Spatial Layout Plan of the surrounding Provinces.

(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

The Capital City of South Papua Province is located in Merauke Regency.

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

Inauguration of South Papua Province and inauguration of Governor Official shall be


conducted by the Minister of Home Affairs on behalf of The President within no later
than 6 (six months) since the promulgation of this Law.

Part Two
Regional Government

Article 9

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(1) Governor and Deputy Governor are selected and inaugurated for the first time
through the simultaneous election stage of regional heads election in
accordance with the provisions of laws and regulations.

(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-
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appoint Governor Official until the definitive Governor and Deputy Governor are
inaugurated.

(5) Governor Official as referred to in paragraph (2) shall have an obligation to


implementation of the regional government, regional apparatus establishment
and regional apparatus filling, facilitation for the establishment of South Papua
Province MRP, facilitation of Governors and Deputy Governors and South Papua
DPR selections for the first times as well as other duties in accordance with the
provision of laws and regulations.

(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

(1) To implement government in South Papua Province, regional apparatus is


established, including the regional secretariat, South Papua DPR secretariat,
South Papua Province MRP secretariat, regional service office, regional
agencies as well as other regional apparatus elements by considering the
specialty, need, and ability of regional finance in accordance with the provisions
of laws and regulations.

(2) Regional apparatus as referred to in paragraph (1) shall be obligated to be


established by the Governor Official of South Papua within no later than 3 (three)
months from the inauguration date.

Part Three
South Papua DPR

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Article 12

(1) South Papua DPR shall consist of the members that are:

a. selected in the general election in accordance with the provisions of laws


and regulations; and

b. appointed from OAP elements in accordance with the provisions of laws


and regulations.

(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.
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CHAPTER V
SOUTH PAPUA PROVINCE MRP

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.

(5) Handover of assets and documents as referred to in paragraph (1) and


paragraph (2) shall be carried out within no later than 3 (three) years as of the
Governor Official inauguration.

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(6) Civil Service management as referred to in paragraph (3) and the handover of
assets and documents as referred to in paragraph (5) to the Provincial
Government of South Papua shall be facilitated and coordinated by the Minister
of Home Affairs.

(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:

a. movable and immovable regional government-owned assets and/or


possessed or utilized by the Provincial Government of South Papua in
the South Papua Province territory;
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b. regional government-owned assets of Merauke Regency, Boven Digoel
Regency, Mappi Regency, and Asmat Regency that are movable or
immovable handed over and utilized by the Provincial Government of
South Papua;

c. regional-owned enterprises of Papua Province that domicile, activity, and


location in South Papua Province;

d. receivables of Papua Province which will be used for South Papua


Province; and

e. documents and archives which due to their nature required by South


Papua Province.

(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.

(2) Special revenue distribution in the context of Special Autonomy implementation


to South Papua Province and regency in South Papua Province shall be carried
out in accordance with the provisions of laws and regulations.

Article 16

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(1) Merauke Regency Government, Boven Digoel Regency Government, Mappi
Regency Government, and Asmat Regency Government in accordance with the
amount of the need and their capability may provide a grant to support the
implementation activities of the Provincial Government of South Papua.

(2) Provincial Government of Papua may provide a grant to support government


implementation activities in accordance with the need of South Papua Province.

(3) Provision of a grant by the regency government as referred to in paragraph (1)


and grant by the Provincial Government of Papua as referred to in paragraph (2)
shall be implemented since the inauguration of Governor Officials of South
Papua.

(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.
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Article 17

Governor Official of South Papua shall be obligated to conduct regional financial


management in accordance with the provisions of laws and regulations.
.

CHAPTER VIII
DEVELOPMENT, SUPERVISION, AND EVALUATION

Article 18

(1) In order to make regional government implementation effective, Central


Government shall carry out development and facilitation in South Papua
Province within 3 (three) years since its inauguration.

(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

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(1) Prior to the establishment of the House Of Representatives of South Papua for
the first time, the Governor Officials of South Papua shall prepare the Draft of
Governor Regulation regarding the Regional Budget of South Papua Province
for the next fiscal year.

(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.

(4) Stipulation of Governor Regulation of South Papua as referred to in paragraph


(1) and paragraph (2) shall be implemented in accordance with the provisions of
laws and regulations.

Article 20
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Provisions on the filling of the number of seats of the House of Representatives of The
Republic of Indonesia, House of Representatives of The Republic of Indonesia, South
Papua DPR, and determination of election region in general election year 2021 as a
result of South Papua Province establishment shall be regulated further in laws
regarding the general election.

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:

a. OAP civil servant candidate with a maximum age of 48 (forty-eight) years


old;

b. OAP honorary employee registered at Category II in State Civil Servant


Agency to be a civil servant candidate with a maximum age of 50 (fifty)
years old; and

c. government servants with the employment agreement.

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.

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Article 23

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

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signed
JOKO WIDODO

Promulgated in Jakarta
on 25 July 2022
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THE MINISTER OF STATE SECRETARIAT
OF THE REPUBLIC OF INDONESIA,

signed
PRATIKNO

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2022 NUMBER 159

Issued as a true copy


THE MINISTRY OF STATE SECRETARIAT
OF THE REPUBLIC OF INDONESIA
Deputy for Laws and Regulations and
Legal Administration,

signed and stamped


Lydia Silvanna Djaman

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

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elevate the dignity and honor of OAP, especially in Merauke Regency, Boven
Digoel Regency, Mappi Regency, and Asmat Regency.

Regulation on South Papua Province


needs to be regulated in a separate law in order to encourage the development
and advancement in South Papua Province, especially in Merauke Regency,
Boven Digoel Regency, Mappi Regency, and Asmat Regency. In addition to the
aspirations developed in inland territory communities, it is deemed necessary to
improve government implementation, public development and services to
accelerate the realization of community welfare. In relation to the provincial
expansion in South Papua Province as well as considering the territorial
condition that is geographically located in the inland and isolated territory, with
economic capability, regional potential, social culture, politics, number
population, territory area, defense, and security factors as well as other
considerations in Merauke Regency, Boven Digoel Regency, Mappi Regency,
and Asmat Regency, as well as the increase of task loads and work volume in
the field of government development, and community in South Papua Province,
it is necessary to conduct territory adjustment included in Papua Province.
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Therefore, the new region establishment shall be required to be prepared
through Law regarding the Establishment of South Papua Province.

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.

The establishment of South Papua as one of the efforts in arranging a region is


the solution in the context of optimizing public service since it may shorten the
span of control of the government, and therefore it is more efficient and effective
along with good governance principles in order to accelerate the realization of
community welfare, strengthen the competitiveness of the region and strengthen
the wholeness of The Unitary State of The Republic of Indonesia in the territories
bordering with other countries/neighboring countries.

In implementing regional autonomy, South Papua Province needs to carry out


various efforts for economic capacity improvement, preparation of government
facilities and infrastructure, empowerment, and human resources improvement
as well as natural resources management in accordance with the provisions of
laws and regulations.

II. ARTICLE TO ARTICLE

Article 1
Self-explanatory.

Article 2
Self-explanatory.

Article 3
Self-explanatory.

Article 4
Paragraph (1)

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Self-explanatory.

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
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Self-explanatory.

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)

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Referred to as “management of civil service” among others
assignments, transfers, mutation, and/or recruitment as well as
supervision of merit system.

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)
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Self-explanatory.

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.

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Article 20
Self-explanatory.

Article 21
Self-explanatory.

Article 22
Self-explanatory.

Article 23
Self-explanatory.

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER


6803

----------------------

NOTE
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ATTACHMENT I TO
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 14 YEAR 2022
REGARDING
ESTABLISHMENT OF SOUTH PAPUA PROVINCE

TERRITORIAL MAP OF SOUTH PAPUA PROVINCE

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PRESIDENT OF THE REPUBLIC OF INDONESIA,

signed
JOKO WIDODO

Issued as a true copy


THE MINISTRY OF STATE SECRETARIAT
OF THE REPUBLIC OF INDONESIA
Deputy for Laws and Regulations and
Legal Administration,

signed and stamped


Lydia Silvanna Djaman

ATTACHMENT II TO
LAW OF THE REPUBLIC OF INDONESIA

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NUMBER 14 YEAR 2022
REGARDING
ESTABLISHMENT OF SOUTH PAPUA PROVINCE

LIST OF ISLANDS AND COORDINATES

NO. NAME OF ISLANDS COORDINATE


Asmat Regency
1. Binar Island 05°12'30.66" LS 137°31'00.95" BT
2. Fumirpits Island 05°12'43.07" LS 137°31'18.41" BT
3. Laag Island 05°20'41.94" LS 137°44'15.83" BT
4. Somerwoo Island 05°11'07.00" LS 137°30'18.00" BT
Merauke Regency
5. Habe Island 08°14'31.99" LS 139°26'31.99" BT
6. Kolepom Island 07°53'44.99" LS 138°21'51.00" BT
7. Komolom Island 08°16'41.44" LS 138°44'46.22" BT

PRESIDENT OF THE REPUBLIC OF INDONESIA,


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signed
JOKO WIDODO

Issued as a true copy


THE MINISTRY OF STATE SECRETARIAT
OF THE REPUBLIC OF INDONESIA
Deputy for Laws and Regulations and
Legal Administration,

signed and stamped


Lydia Silvanna Djaman

Source: LOOSE LEAF OF THE STATE SECRETARIAT YEAR 2022

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