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Act No. 21 Of 2001

Original Language Title: Undang-Undang Nomor 21 Tahun 2001

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in the Rule of the Regions Provincial Regional and Regional Regulations.
.,, Special Area Regulations and/or Provincial Regional Regulations are the Regional Regulation of the Province of Papua which does not rule out other existing laws including Law No. 22 of 1999 on Regional Governments and Law Number 25 of 1999 on the Financial Balance between the Central and Regional Governments, as long as is not governed in this Act.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, pretty clear.

Section 3
.,, pretty clear.

Section 4
.,, Verse (1)
.,, the specific authority in the other areas referred to in this Act is the Government ' s authority covering: policy on national planning and macro development control macro, financial balancing fund, system The administration of the country and the state's economic institutions, the authority of the coaching and empowerment of human resources, the assistance of natural resources as well as strategic high technology, conservation and national standardization.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Verse (7)
.,, in order for the acceleration of development and improving the quality of human resources, the province of Papua can establish mutually beneficial relationships with various agencies/bodies abroad in accordance with the laws. The relationship allows the province of Papua to have an institution or body formed by the Provincial or private government, which aims to advance education, increase investment, and develop tourism in the Papua Province.
Verse (8)
.,, the Coordination conducted by the Governor with the Government is in terms of implementation of the defense policy policy for the defense of the State of the Republic of Indonesia and the implementation of military operations other than the war in Papua Province in accordance with the laws.
Verse (9)
.,, pretty clear

Section 5
.,, pretty clear.

Section 6
.,, pretty clear.

Article 7
.,, pretty clear.

Article 8
.,, pretty clear.

Article 9
.,, pretty clear.

Article 10
.,, pretty clear.

Article 11
.,, pretty clear.

Article 12
.,, pretty clear.

Article 13
.,, pretty clear.

Section 14
.,, pretty clear.

Article 15
.,, pretty clear.

Section 16
.,, pretty clear.

Section 17
.,, pretty clear.

Article 18
.,, pretty clear.

Section 19
.,, pretty clear.

Section 20
.,, Verse (1)
.,, the letter a
.,, the process of filing for candidates, elections, attestation and appointment of the Governor and Deputy Governor in Papua Province is carried out in accordance with the laws. After the DPRP set out for candidates for Governor and Vice-Governor, the candidates were to be submitted to the MRP for consideration and consent to be made the basis for the DPRP to be later appointed to be the Governor's candidate and the future President of the Council. Deputy governor.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, the Agreement or cooperation referred to here includes the agreement or cooperation with third parties both in the country and abroad that concern the protection of the rights of the native Papuan people.
Letter e
.,, referred to by facilitating the follow-up to the completion of the aspiration and complaint in this Act is the MRP ' s task to conduct a variety of settlement efforts in assisting the complainants.
Letter f
., including the MRP's consideration to the District Council/City in terms of determining the candidate of the Regent/Deputy Regent and Mayor/Deputy Mayor.
Verse (2)
.,, pretty clear

Section 21
.,, pretty clear.

Article 22
.,, pretty clear.

Section 23
.,, pretty clear.

Section 24
.,, pretty clear.

Section 25
.,, pretty clear.

Article 26
.,, pretty clear.

Section 27
.,, pretty clear.

Article 28
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the political recruitment by prioritizing indigenous people of Papua is not intended to reduce the open nature of the political party for any citizen of the Republic of Indonesia.
Verse (4)
.,, the request for consideration to the MRP does not mean reducing political party independence in terms of selection and political recruitment.

Article 29
.,, pretty clear.

Article 30
.,, pretty clear.

Article 31
.,, pretty clear.

Section 32
.,, Verse (1)
.,, the Establishment of the Ad Hoc Law Commission was intended to assist the Governor, the DPRP, and the MRP in setting up the design of Perdasus and Perdasi as a follow-up to the implementation of this Act.
Verse (2)
.,, pretty clear

Section 33
.,, pretty clear.

Article 34
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the letter a
.,, Figure 1)
., in accordance with the laws.
Figure 2)
., in accordance with the laws.
Figure 3)
., in accordance with the laws.
Letter b
.,, Figure 1)
., in accordance with the laws.
Figure 2)
., in accordance with the laws.
Figure 3)
., in accordance with the laws.
Figure 4)
.,, Provincial, County/City Parts of the natural resources receipt of petroleum mining sector by 15% are set in accordance with the laws, and additional admission (after minus taxes) by 55% is in order Special Autonomy.
Figure 5)
.,, Provincial, Co, the Act puts the native Papuan people and the population of Papua in general as the main Subject. The existence of the Government, the Provincial Government, the Municipal/City Government, as well as the devices below, are all directed to provide the best service and empowerment of the people.
.,, the Act also contains the spirit of solving problems and reconciliation, among other things with the establishment of the Truth and Reconciliation Commission. The formation of the commission was intended to solve the various problems that occurred in the past with the aim of establishing the unity and national unity of Indonesia in the Papua province.
.,, the Penjabaran and implementation of this Act in the Province and County/City are carried out proportionally according to the spirit and spirit of a nation and of a country that lives in the sublime values of the people of Papua, which is governed is therefore unable to be rejudged by his heirs for the sake of legal certainty.
Verse (4)
.,, Musyawarah between the parties requiring the ulayat land of the customary law society in question precede the issuance of the acquisition permit and the granting of rights by the authorized instance. Agreement of the outcome of the deliberations is a condition for the issuer of the permit and the granting of the rights to the respective rights. The same applies to the acquisition of the individual rights lands of the citizens of the customary law, not enough with the consent of the ruler's authority.
The use of customary rights for governmental and/or private purposes is carried out through deliberations between indigenous peoples and those that require, should be accompanied by indemnities in the form of cash, substitutes, settlements, and other forms of compensation. back, as a shareholder, or any other form agreed together.
Verse (5)
.,, Provincial Government, County/City as the most aware of the matters of dispute occurring in its territory is obligated to conduct active mediation in the settlement of disputes arising among the indigenous legal communities or the citizens with the outside party.
Disputes between citizens of their own customary law are resolved through the customary judiciary as referred to in this Act.

Section 44
.,, the intellectual property rights of the native Papuans include rights in the arts, composed of sound art, dance, carving, sculpture, painting, song, fashion and traditional building design and other types of art, as well as other forms of art. Rights related to the system of knowledge and technology developed by the indigenous people of Papua, for example traditional medicines and the like.
This protection includes also protection against the intellectual property rights of other members of the community in the Papua province.

Section 45
.,, pretty clear.

Section 46
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, pretty clear
Letter b
.,, the steps of reconciliation include disclosure of truth, confession of error, apology, apology, peace, law enforcement, amnesty, rehabilitation, or other beneficial alternative and with regard to the sense of justice in society to uphold the unity and unity of the nation.
Verse (3)
.,, in the Governor ' s proposal for the membership of the Truth and Reconciliation Commission can be derived from the DPRP and MRP as well as other components.

Section 47
.,, the word empowering means increasing the empowerment.

Section 48
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the policy that needs to be coordinated to the Governor of Papua Province is a security policy that covers the aspect of order and the security of the public.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, the Chief of the Indonesian National Police in full authority dismissed the Chief of Papua Police without asking for the approval of the Governor of Papua Province and in certain matters the Governor of Papua may give consideration to the Chief State Police of the Republic of Indonesia to dismiss the Chief of Papua Province Police.
Verse (7)
.,, pretty clear

Section 49
.,, pretty clear.

Section 50
.,, Verse (1)
.,, the exercise of judicial power in the Province of Papua in accordance with the laws, requires special legal services. In doing so and to expedite the acquisition of legal certainty, especially against matters of cassation, the Supreme Court may consider a special policy for the settlement of the case of the cassation of the province of Papua.
Verse (2)
.,, pretty clear

Section 51
.,, Verse (1)
., in this verse expressly recognized existence in national law, judicial institutions and customary courts already in Papua Province, as the judicial institution of peace between citizens of indigenous law in the environmental community of the law. It's customary.
Verse (2)
.,, the customary court is not a state judicial body, but rather the judicial institution of the customary law society.
Based on the facts, it is regulated by the customary law of the local customary law and examining and prosecuting customary civil rights and criminal cases under the customary law of the customary law. This is the case of the court, who is in charge of the disputes and the disputes and the proceedings, the manner of vetting, and the decision and the execution. The customary court is not authorized to drop a prison criminal sentence or confinement.
The customary court is not authorized to examine and prosecute civil disputes and criminal cases which either party disputes or criminal offenders are not citizens of the law of its law. That includes authority in the state judicial environment. With the diacation of the customary judiciary in this Act, there will be many civil rights disputes and criminal cases among the citizens of the customary law in the province of Papua, which can be resolved by the citizens concerned without involving the law. the court in the state judicial environment.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
., the ruling of the customary court is the final verdict and the power of the law remains in the case of the disputing parties or the matter accepting it. The ruling in question may also free the perpetrator from criminal charges according to the provisions of the criminal law in effect. The statement of approval of the ruling from the Chairman of the Court of State that lands him was obtained through the Head of the State Prosecutor in question. If a statement of approval has been obtained then the abomination is unable to perform the investigation and prosecution.
Verse (7)
.,, pretty clear
Verse (8)
., in the case of the Chairman of the State Court refusing to give a statement of approval of the ruling, then the police force and the prosecutor can conduct the investigation and prosecution. In this case the ruling customary court will be made a matter of consideration in deciding the case submitted. In this paragraph, the terms of this paragraph shall not be used for the use of the Cloud Service, as part of the Cloud Service that is subject to the terms of the Cloud Service, which is subject to the terms of the IBM International Terms of Service. Authorized.

Section 52
.,, Verse (1)
.,, pretty clear
Verse (2)
., the Agreement, which the Governor provides to the Attorney General of the Republic of Indonesia, does not interfere with the technical staff.
Verse (3)
.,, the Attorney General is fully authorized to dismiss the Ch citizens. Along with an alliance of law which is a matter of law; (2) the existence of a certain territory which is the legal environment and the daily livelihood of the citizens of the law; and (3) there is still the customary ruler of the law. who carries out the legal provisions of his rights.
Recognition, respect and protection in this verse includes recognition, respect and protection against the parties who have obtained the right to the land of the lawful former rights according to the laws and regulations of the laws of the country. That is, andcision of the Governor.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Section 69
.,, pretty clear.

Section 70
.,, pretty clear.

Section 71
.,, pretty clear.

Section 72
.,, pretty clear.

Section 73
.,, pretty clear.

Section 74
.,, pretty clear.

Section 75
.,, pretty clear.

Section 76
.,, pretty clear.

Section 77
.,, pretty clear.

Article 78
.,, pretty clear.

Section 79
.,, pretty clear.
f Papua.
Verse (2)
.,, the Government has the primary responsibility in the holding of national education, so it is obliged to establish the general policies of education that apply nationally to the same standards of education, which among others reflected in the core curriculum and quality standards. Thus there is a similar recognition to the results of education held in all regions, including in the province of Papua, which allows for the occurrence of the education and freedom of the educated participants of the educational institutions in Papua move and the following an education that is in demand in other provinces.
Given the social conditions of culture, economic potential, and the desire of diverse members of the community in Papua, in addition to the core curriculum, developed by the institutional curriculum by local standards applicable in Papua Province, both on the school path nor on the outside of the school path, so the educational results achieved are relevant to the need.
Verse (3)
., with a quality education meant that education in the province of Papua should be well implemented and responsible so that it produces graduates who have the same degree of quality as the education implemented in the province. Another. Considering the low quality of Papuan human resources and the importance of pursuing advances in the field of education, the local government is obligated to finance all or part of the education fee for the son of Papua's native daughter on all levels. education.
Verse (4)
.,, Education in the Papua Province has long been organized by the Religious Institute among other Christian Education Foundation (YPK), the Catholic Education and Persecoland Foundation (YPPK), the Evangelical Education and Persephone Foundation (YPPGI), Adventist Education Foundation (YPA), the Islamic Education Foundation (Yapis), and other foundations founded by the public. The number of schools owned by these private educational institutions is pretty much all the way up to remote areas, so their role in education remains respected and improved, while the world of business, especially the large-scale ones, encouraged to organize educational guidelines on national policy at the cost of the companies concerned.
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear

Section 57
.,, pretty clear.

Section 58
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the language of the area can be used as an introductory language on a basic education level next to Indonesian.

Section 59
.,, Verse (1)
.,, quality health services are implemented evenly and reach out to the entire community layer in the pelosok of the Province of Papua.
Verse (2)
., the endemist diseases referred to in this verse include malaria and tuberculosis.
Verse (3)
., which is meant by the burden of their low-deposit society is the cost of health care tailored to the economic capabilities including the release of service expenses for those who cannot afford it.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear

Section 60
.,, pretty clear.

Section 61
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the Population Policy referred to in this verse is the awarding of specialized facilities in the form of affirmative policy including in terms of migration for a given period of time for native Papuans to develop capability and improve It participates in an optimal way in time.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Section 62
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the opportunity to get a job for a Papuan native is an affirmative step in the framework of empowerment in the field of employment.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Article 63
.,, pretty clear.

Section 64
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
., referred to as a self-fulfilling self-governing body is a non-governmental institution whose existence is in accordance with the laws.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear

Section 65
.,, Verse (1)
.,, the Provincial Government Oblicity is referred to not eliminating the Government ' s obligations, the Government of the County, and the Municipal Government in accordance with the laws.
The social problems referred to include among others:
a. Orphaned children;
B. the advanced people of age are required;
c. Physical and mental disabilities; and
D. Natural disaster victims.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Section 66
.,, Verse (1)
.,, the neglected Tribe is a group of native Papuans who inhabit certain areas that have not been touched by the development.
Verse (2)
.,, pretty clear

Section 67
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, social surveillance is a public oversight of the implementation of the MRP, the DPRP, the Governor and its devices in the form of petitions, criticism, protests, suggestions and suggestions, which are further regulated in Perdasus.

Section 68
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the Government of Papua Province delivered Perdasus, the Perdation, and the Governor ' s Decision no later than 1 (one) months after it was set.
In order to perform repressive supervision, the Government may cancel Perdasus, Perdasi, and the Governor's Decision when contrary to higher laws or the general interest of Papuan peoples. The decision of the annulment was notified to the Provincial Government accompanied by its reasons.
In terms of the Provincial Government unable to accept the decision of the annulment, the Provincial Government may submit objections to the Supreme Court.
If the Supreme Court justifies the lawsuit, then Perdasus, the Perdation, and the Governor's Decision remain in effect.
As long as there has not been a Supreme Court decision on the lawsuit, then Perdasus, the Perdation, and the Governor ' s Decision are suspended.
If there are three (three) months since the term of the law, there is no decision to make, then Perdasus, and the Governor's decision, and the de