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The relevant party’s expert Rullyandi delivering his expertise in the judicial review hearing of the Law on the Establishment of South Buton Regency, Southeast Sulawesi Province, Monday (3/12) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The legal status of Kakabia Island, or Kawi-Kawia Island, within the territory of proliferation of South Buton Regency as mentioned in the appendix to Law No. 16/2014 on the Establishment of South Buton Regency, is constitutional. This was conveyed by Muhammad Rullyandi, an expert for the South Buton Regency Government in the material review of the provision on Kakabia Island borders, Monday (3/12/2018) in the Plenary Courtroom of the Constitutional Court.

The petition No. 24/PUU-XVI/2018 was filed by the Selayar Islands Regent Muh. Basli Ali. The Petitioner filed a judicial review petition of the appendix of the a quo law, which contains the territorial map of the region and the explanation of the a quo law stating that the total area of ​​South Buton Regency is about 509.92 km². The petition for judicial review was motivated by the status of Kakabia Island that is included in the area of ​​South Buton Regency based on the Law on South Buton Regency. Meanwhile, according to the Petitioner, Kakabia Island is the administrative area of ​​Selayar Islands Regency.

Rullyandi observed that the policy that included Kakabia Island as part of the South Buton Regency is an open legal policy that had considered various aspects.

"Law Number 16 of 2014 concerning the Establishment of the South Buton Regency in Southeast Sulawesi Province is a legal policy, an open legal policy that shows an identity/characteristics of an autonomous region formed by means of bevelegdheid wetgeving, formed by lawmakers," said Rullyandi before the hearing presided over by Chief Constitutional Justice Anwar Usman.

The aspects considered in the formation of the law include the economic, social, cultural, and political potentials of the region, its population, area, and financial capacity. Other aspects to be considered are community welfare levels, the range of control of government administrators, and the increasing workload and volume of work in government, development, and society. "On this basis, it was necessary to form the South Buton Regency, which is proliferation region of the Buton Regency," said Rullyandi.

Rullyandi also mentioned that there is a juridical relationship between Article 5 paragraph 2 of South Buton Regency Law and its elucidation between South Buton Regency and Buton Regency. The approval of the formation of South Buton Regency contained the signature of the Buton Regent, the Chairman of the Buton DPRD (Regional Legislative Council), the Mayor of Bau-Bau, the Chairman of the Bau-Bau DPRD, and the Governor of Southeast Sulawesi Province. Selayar Regency of is not related to the document.

"On the other hand, Article 20 of the a quo law emphasizes the transitional provision that South Buton Regency temporarily follows the Buton Regency Regulation as long as it does not conflict with the a quo law. This is as long as there are no local regulations or regent regulations established by South Buton Regency," he stressed.

In addition, Rullyandi suggested that disputes over regional boundaries between provinces be resolved by the Minister of Home Affairs (MoFA) in accordance with the Regulation of the MoFA No. 141 of 2017 concerning Affirmation of Regional Boundaries as Primum Remedium of administrative settlement.

Meanwhile, historian La Niampe did not argue that Kakabia Island was part of the Selayar Islands in Dutch colonial times. "However, after the country\'s independence, the concept of the rule of law applies, which is different from the colonialism period," he explained. (Arif Satriantoro/LA)

Translated by: Yuniar Widiastuti

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