H

ome Minister Gamawan Fauzi has suspended the Papua gubernatorial election process as registrations open for candidates.

The decision is related to an interlocutory order by the State Administrative Court in Jakarta, granted in former governor Barnabas Suebu’s lawsuit against the Home Minister concerning a special Papua provincial bylaw (Perdasus).

The State Administrative Court ruling, dated May 7, 2012, was addressed to the Home Minister.

“We order the defendant to delay the election and follow up with a Home Ministry letter on the clarification of Perdasus No. 6/2011, until a decision that is legally binding is issued. Unless there is another decision in the future,” Suebu lawyer Steve Waramuri said in Jayapura on Tuesday.

“This is an interlocutory [order], so the election must be postponed until there is a decision from the State Administrative Court.”

The letter clarified that the gubernatorial election must be in line with a 2010 Constitutional Court decision, which stipulates that the election should only involve native Papuan candidates.

The Papua Legislative Council (DPRD) has opened registration for gubernatorial candidates, based on Perdasus No. 6/2011 — which regulates election guidelines.

But the Perdasus itself is regarded as unconstitutional by some, because it was based on Article 139 of Provincial Regulation No. 6/2005.

“Article 139 was issued due to the lack of a Perdasus during the Papua election in 2006,” Waramuri said.

“Article 139 has not been revoked, but according to the regulation, it is lower and should be adjusted with higher laws.”

Jayapura’s Cenderawasih University lecturer Yusak Reba said the Home Minister should be consistent in law enforcement.

“If the Home Minister regards the article as no longer in effect, he should have been firm to say that to the Papua legislative special committee,” he said.

Reba has previously said the Papua Legislative Council must consult with the Papua General Election Commission (KPUD).

DPRD Papua special committee head Ruben Magai said it could not stop the election process unless the court issued a decision, that is legally binding, that states that the article was not valid.

“Whoever can say we violated the law should prove it in court because we also have a strong legal basis,” Magai said.

Three pairs of candidates have filed for election since registration was opened on May 7.

They are M.R. Kambu and Blasius Pakage, nominated by the Gerindra Party and its coalition, Welington Wenda and Weinan Watori (independent) and Habel Melkias Suwae and Yop Kogoya, nominated by the Golkar Party and its coalition.

Meanwhile, the KPUD’s office in Jayapura was vandalized by an unidentified group of people on Wednesday.

They broke the windows and the glass on doors.

They left by blocking the gate into the office by piling logs and wire rods.

It was unclear what the motive behind the vandalism was and which groups were responsible.

“We were in the office, when suddenly six cars entered the office compound with their windows closed. At least 20 passengers immediately got of the cars and directly pelted the office with stones,” said Daud, one of KPUD Papua office workers who witnessed the attack.

After damaging the office facilities, the men went back to their cars and sped away.

“The incident took place very fast,” he said.

The police are still investigating the case.