Constitutional Court as Mediator: A Models and Solutions to Armed Conflict and the Rule of Law in Papua, Indonesia

Abstract

Conflicts and tensions in Papua that have occurred for a long time, continue to escalate in 2021 until until April 2023 with quite complex problems. This study analyses the concept of the Constitutional Court as a mediator which is used as a model and solution for armed conflict and the rule of law in Papua, Indonesia. Using a normative legal research approach by collecting primary, secondary and tertiary legal materials. In order to get answers to research problems, the four models of problem solving approaches are used statute approach, conceptual approach, comparative approach, historical approach. This research uses descriptive-prescriptive and content analysis. The result of this research is the granting of new authority to the Constitutional Court through amendments to the 1945 Constitution, because it sees the opportunity for the Constitutional Court to become a mediator in resolving armed conflicts carried out by the government and KKB/KSB/OPM in Papua, thereby creating security, order & peace.