Berhala Island Dispute Wait for Court Decision
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One case of dispute the power of Berhala Island, entered the stage of final examination at the trial in the Constitutional Court (MK), Thursday (28/06/2012) afternoon. Court on July 10, 2012 will hold a hearing next decision pronunciation No.32/PUU-X/2012 case of judicial review of Article 5 paragraph (1) letter c of Act 31/2003 on the establishment of the Lingga District Riau Islands Province. Law is essentially a judicial question the existence of Berhala Island.

At the hearing the hearing agenda witness / expert from the Petitioner, the Government and Related Parties, the Court heard the testimony of fact witnesses presented by the Government District Lingga (Related Party II). A. Anhar Khalid, former Chairman of DPRD Riau Islands (Riau), began his statement before the plenary session of the Constitutional Court, declared, in 2001, with some Members of Riau Parliament Khalid, paid a working visit (Kunker) to the District Singkep Dabo. "In the working visit, we were welcomed by the residents of the island idol at that time amounted to only 14 heads of households (HH), which comes from Singkep and Lingga," said Khalid.

When the discussion sessions, community members submit a request for Berhala Island regency Kepri help welfare of citizens, such as elementary school building, housing 14 families, health posts, post security, clean water, places of worship, facilities / infrastructure fishing, dermana, and so forth. Island resident’s petition has been acted upon by Berhala Islands regency in fiscal year 2001-2002. "At the time of the working visit of the local parliament in 2001 the Riau Islands; there is absolutely no help and any development by the Government of Jambi Province for the island of Berhala. According to the residents, there were people who visited the Jambi Province Berhala island for recreation, "said Khalid.

Plenary proceedings this time also heard the testimony of Joyo Sumarto Sumaryo that was asked as an expert by the Applicant. Lecturer Faculty of Engineering, Gadjah Mada University is explained on the map that is his forte. Map function, said Sumaryo, showing the position of the earth, determine the size and shape of the object. While the form of, for example the island of Sulawesi is shaped like the letter K. And if we go to Sulawesi, we do not see the letter K, but could see only through the map.

The problem is, how the relationship between maps with boundaries. On this, the theory Sumaryo Stephen B. Jones in 1945, that the boundary of the region includes four stages. "The first allocation, the allocation of territory. Then delimitation or commensurate with the determination in the Indonesian language. Then demarcation or commensurate with the assertion. Then management," said Sumaryo while adding, the allocation is essentially a political decision to allocate the region. Determination or the delimitation is to choose the location of the boundary line. Then define the dots and lines on the map. The assertion is clearly marked on the field boundary.

According Sumaryo accuracy quality map in the appendix of Law No. 31 of 2003 does not qualify as a map of the delimitation. Article 5 paragraph (1) is the first stage of selecting the location of boundary delimitation; it’s just not been defined area of the strait and the sea. "Next of Article 5 paragraph (2) is the defining activity in the area where the boundaries are formed, only in defining exactly where the limit has not been done in good quality maps and coordinates of the point has not been well defined limits," said Sumaryo.

Article 5 paragraph (1) letter c of Law No. 31 of 2003 states "have Lingga 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 54/1999 on the establishment of Sarolangun district, Tebo District, Muaro Jambi District and Eastern Tanjung Jabung District Jambi province. "(Nur Rosihin Ana / mh/Yazid.tr)


Thursday, June 28, 2012 | 20:03 WIB 157