Dasar Organisasi Adat; Legitimasi Atau Legalitas

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John NR Gobai. – Bumiofinavandu/Dokpri

Oleh John NR Gobai

Nabire, Bumiofinavandu – Dahulu dalam budaya pimpinan adat, dikenal sebutan Tonowi, Raja, Sonowi, Menagawan, bobot mananwir, ondoafi dan sebutan lainnya. Mereka terseleksi oleh alam karena kehebatan dan kelebihan mereka.

Bacaan Lainnya

Kelompok ini dahulu digunakan oleh pemerintah belanda dan gereja untuk untuk menyebarkan agama dan membuka pos pemerintahan, dan kelompok-kelompok ini ada yang diangkat sebagai penasehat pemerintah ada juga yang diangkat sebagai pemerintah kampung, kemudian  organisasi adat fungsional dibentuk seperti; DPMA, Dewan Adat serta LMA, munculnya organisasi ini juga kadangkala memunculkan konflik.

Jika pimpinan adat modern tidak dapat merangkul maka konflik akan berkepanjangan, lebih parah lagi jika ditunggangi oleh kepentingan tertentu.karena perkembangan zaman maka organisasi diperlukan untuk tujuan perlindungan hak masyarakat adat.

Organisasi adat modern yang ideal

Basis Adat adalah Emawa, Pilamo, Isorei, Nduni, Aidoram, Tongoi, Obhe yang kepemimpinannya dipegang seperti Ondofolo, Iram, Raja, dll, basis adat diatas adalah tempat dimana membicarakan dan memperjuangkan, bergumul aneka hal dengan masyarakat adat.

Karena itu mestinya Dewan Adat dipahami sebagai rumah, bukan tempat berpolitik yang menjadi momok bagi pemerintah dan juga perlu dipahami baik juga oleh pengurus DAP/LMA bukanya hidup dalam sebuah suasana egois, angkuh dan lain-lain, Adat tidak mengajarkan saling curiga, egois, angkuh dan sombong yang ada adalah rendah hati, terbuka, hargai, nilai kebenaran.

Sehingga perlu dipahami bahwa Adat berfungsi sebagai Rumah dan pagar bagi siapa saja, Kemerdekaan berserikat dan berkumpul  itu memang hak semua warga negara dan dilindungi negara,tetapi ingat, Adat ada sebelum negara dan agama ada di Tanah Papua.

Organisasi adat yang benar adalah yang memperoleh legitimasi rakyat, walaupun kami sebuah adalah anak adat, pemuda adat,dll, tetapi untuk menjadi pemimpin adat modern memerlukan legitimasi rakyat, melalui musyawarah adat atau konferensi adat mulai dari kampung atau basis adat atau basis pemerintah yang sering disebut; Emawa, Pilamo, Obhe,dll bukan sebuah legalitas atau sebuah upaya pencarian legitimasi yang merupakan sebuah formalitas belaka, baik dari Kesbangpol atau Menkumham.

Bila pemerintah daerah serius ingin mengakui maka harus diakui dengan Perda berdasarkan Permendagri No 52 tahun 2014 tentang Pengakuan dan Perlindungan Masyarakat Hukum adat, bila ini tidak maka legitimasi melalui Musdat, Konferensi adalah sah dan wajib diakui pemerintah dan juga kepemimpinan adat yang ada secara turun temurun seperti raja dan ondofolo.

Adat ada sebelum ada Negara

Adat ada sebelum ada negara dan agama, sehingga masyarakat adat sendiri yang harus membentuk organ adatnya bukan siapa-siapa atau karena apa-apa.

Menjelang pemilihan MRP, DPRP, Pilkada selalu saja muncul organ adat dadakan dan dibangun atas klaim personal, sehingga semua organ adat baru ada hanya karena kepentingan situasional.

Organ adat yang benar adalah organ adat yang lahir dari kampung dari basis adat, diatas tanah bukan di kota-kota, bukan di hotel hotel, melalui akta notaris atau melalui SK.

Badan Kesbang dan Menkumham haruslah hanya melegalisir suatu organ adat yang legitimasi yang benar mulai dari basis adat, bukan melegalisir tanpa memverifikasi kebenaran dan prosesnya.

Tanpa mendaftar ke KESBANG atau MENKUMHAM untuk memperoleh legalitas, sebuah organ adat yang telah mendapat legitimasi dari masyarakat adat sendiri melalui musyawarah adat atau konferensi yang dimulai dari basis adat atau ada secara turun temurun seperti keondoafian dan Raja adalah sah.

Dan bukan karena mereka tidak mendaftar lalu mereka dicap separatis atau sebutan yang lain, justru mereka adalah mitra yang harus dirangkul untuk diajak kerjasama membangun masyarakat adat.

Legitimasi rakyat melalui Musdat atau Konferensi adalah kunci organisasi adat dan juga kepemimpinan secara turun temurun seperti Raja, Ondofolo, Iram, dan lain sebagainya, bukan di hotel hotel, melalui akta notaris atau melalui SK.

Tugas Badan Kesbang dan Menkumham haruslah hanya melegalisir suatu organ adat yang legitimasi yang benar mulai dari basis adat, bukan melegalisir tanpa memverifikasi kebenaran dan prosesnya.[*]

Penulis adalah anggota DPR PAPUA, Pokja Khusus

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