Article 9 paragraph (4) of Act no. 54/1999 on the establishment of District Sorolangun, Tebo regency, Jambi Muara District and Eastern District Tanjung Jabung, unequivocally stating that the District has the Eastern Cape Jabung boundaries: a. north to the South China Sea; b. East of the South China Sea. "So, this fact cannot be denied that the island is part of their Berhala Jabung Eastern Cape."

The statement was delivered by prof. H. Rozali Abdullah, SH when ordered as an applicant in proceedings in the Constitutional Court (MK), Wednesday (30/05/2012) morning. Case 32/PUU-X/2012 plenary session of the test case of Article 5 paragraph (1) letter c of Law Number 31 Year 2003 on the establishment of the District Linga beragendakan Riau Islands province are listening to Related Party Related Party I and II as well as witnesses / experts from the applicant Government and Related Parties.

Rozali further stated, Explanation of Article 3 of Law No. 25 of 2002 on the establishment of the Province of Riau Islands (Riau) states that the District Kepri in this Act, excluding the island of Berhala. "Because the island is included in the idol of Jambi Province on Law Number 54 Year 1999," said Rozali.

Meanwhile, Prof. Dr. Hasjim Djalal, an expert presented by the Provincial Government of Riau (Riau) as the Related Party I, in his presentation stated, the law that often determines the rights and authority of a government of a region is how to effectively run the government over the area in a long time. "In the case of this idol Island, it attracted the attention of the province of Riau and Riau Islands, seen already carrying out of governmental authority over the island for a long time. Among others, have provided community service for many years, including the issuing of land certificates and others, "said Djalal.

In addition, Djalal said, had been taking care of matters relating to public safety, both on land and at sea, and sea traffic services to maintain the lighthouse on the island of Berhala.Then, have conducted the election legally and not denied, and has made the rules on the island which still applies. "If the idol is considered not including the island of Linga or the Riau Islands regency in the year 1971 at least, it certainly can be interpreted that the election held on the island by the Riau Islands since it can be considered not legally valid," said Djalal.

Government of Jambi province, said Djalal, also includes the island of Berhala into the administrative area. But not a lot of Jambi provincial administration and carry out community service. According to Djalal, claim Jambi and Tanjung Jabung Eastern District on the island of Berhala appear after the official visit to the area around the 1980s and began to put up signs of their authority. "As far as I know protested by District Linga, and thus indicates that the District Tanjung Jabung not implement an effective public administration and continuously in a long time on the island of the Berhala," said Djalal.

To note, the test material (Judicial Review) Act No. 31 of 2003 was filed by H. Agus Hasan Basri (Governor of Jambi), Effendi Hatta (Chairman of the Parliament of Jambi Province), Zumi Zola Zulkifli (Regent Eastern Cape Jabung), Romi Hariyanto (District Chairman of the Parliament. Tanjung Jabung East), Meiherrriansyah (Head Sadu Kab. Tanjung Jabung East), Abidin (Duck River Kadesh), Junaidi (Kadus Island idol), Kalik (Chairman of the Duck River Village 13/Nelayan RT), H. Hasip Kalimuddin Sham (Chairman of the Institute of Traditional Jambi Malay), Sayuti (PNS Retired / Community Leader), R. Muhammad (Nipah village masyarakt Long)

The Petitioner argues, the formation of Linga District, Riau Islands province (Riau), has reduced the area of Jambi province. Therefore, the island was originally idol Jambi Province, with the enactment of the provisions of Article 5 paragraph (1) letter c of Law No. 31 of 2003 on the establishment of District Linga, the island of Linga idol into the district.

Article 5 paragraph (1) letter c of Law No. 31 of 2003 states "have Linga District boundaries: South of the sea bordering the Strait of Bangka and Berhala." While in the Elucidation of Article 3 of Law No. 25 of 2002 on the establishment of Riau Islands province states that " Riau Islands in the law, excluding the island of Berhala, for Berhala Island are included in the administrative area of Jambi province in accordance with Law Number 54 Year 1999 on the establishment of Sarolangun district, Tebo regency, Jambi Muaro District and Eastern District Tanjung Jabung Jambi province.”(Nur Rosihin Ana / mh/Yazid.tr)