In the Unitary State Republic of Indonesia?s system of law that is hierarchical, Pancasila is the basic philosophy of Unitary State Republic of Indonesia as the source of law and regulation formulation and placed as fundamental norm, the source of positive law. After the amendment of the 1945 constitution, it appears distinct autonomy phenomenon based on Article 18B the 1945 Constitution. Political situation in the formulation of Law Number 21 of 2001 regarding Distinct autonomy for Papua Province was pragmatic where the understanding of distinct autonomy was not based on deliberation among options of value or norm that in line with the notation ideology, but it was only a tool to solve immediate state problem.