The Implications Of The Decision Of The Constitutional Courtnumber6/Puu-Xix/2021againsttheinvestmentinthe Province Of Papua


  • FilepWamafma Sekolah Tinggi Ilmu Hukum (STIH Manokwari), Indonesia


Constitutional Court Decision, Investment, Papua Special Autonomy


The Unitary State of the Republic of Indonesia as stated in Article 1paragraph (1) and amplified back to in Article 18 paragraph (1), is a Unitary State, divided into the regions of the province and is divided into districts. Every city has a local government as a form of implementation of Law Number 23 Year 2014 on Regional Government. The state also recognizes the special autonomy that can be seenin Article 18B paragraph (1); as one of its implementation is Law Number 2 Year 2021 on the Second amendment to Law Number 21 of 2001 on Special Autonomy for Papua Province (UU Otsus). Based on the special Autonomy LAW, in terms of capital investment that invests in Papua must recognize and respect the rights of local indigenous people. However, Law No. 10 of the Year 2020  about the Copyright Work havean impact on investment in Papua. When the Province of Papuaad just to the LAW, the Ruling of the Constitutional Court Number 6/PUU-XIX/2021 change the more investment conditions in Papua. This creates legal uncertainty.