Chief Justice Anwar Usman as keynote speaker in the national seminar at the Law Faculty of Riau University, Friday (30/11). Photo by Humas MK/Bayu.

In a keynote address at the national seminar at the Faculty of Law, Riau University, Friday (30/11/2018) Chief Justice of the Constitutional Court (MK) Anwar Usman said the settlement of regional border dispute can go without conflict that can harm the community. He said the determination of the borders of an area or region in a sovereign country basically is the authority of the executive branch or the Government as executor of the administrative and territorial jurisdictions of a country, under an agreement with the legislatures. "Determination of the borders of an area is based on certain criteria. These criteria include area, population, geographical location, and so on," he said before 180 participants of the seminar.

In Article 18 paragraph (1) of the 1945 Constitution, the territory of the Unitary State of the Republic of Indonesia (NKRI) is divided into provincial regions, and the provinces are divided into districts (kabupaten) and municipalities (kota), each of which has a regional government regulated by laws. The formulation of this provision has at least two meanings from the territorial aspect, namely: the unity of state territorial aspect and the historical aspect of the formation of the Indonesian state. 

This, according to Justice Anwar, along with the concept as stipulated in Article 18 paragraph (1) of the 1945 Constitution above, which reads that, "The Unitary State of the Republic of Indonesia (NKRI) is divided into provinces," hence since Indonesia’s independence until the end of the New Order, the determination of borders or regional territories tended to be carried out top down or centralized from the central government to regional governments. 

Justice Anwar also explained the rapid formation or proliferation of new regional territories in Indonesia has caused various problems, including the lack of efforts to improve community welfare due to the governance of new, unstable regional governments, the lack of public services to the community, the weak competitiveness of new areas, and the emergence of territorial disputes between the new regions and the existing regions. In response to these various problems, the Government, through the Ministry of Home Affairs, had issued a policy to implement a regional proliferation moratorium. 

He said that border determination or proliferation of regions be done only for the purpose of building strong governance for the people’s welfare. It must be kept away from fleeting political interests or group and sectoral interests.

Justice Anwar called the seminar the right medium to review regional border issues and all issues related to it. He hoped the seminar would be able to contribute to the settlement of regional border disputes.

Meanwhile, Head of the Public Relations and Protocol Rubiyo said that collaboration with universities is inevitable, as their support has been needed by the Constitutional Court. He also hoped that the event would educate participants on constitutional rights. (Bayu/LA/Yuniar Widiastuti)