Minister of Home Affairs’ expert staff on Apparatus and Public Services Tumpak Haposan Simanjuntak testifying for the Government at the judicial review hearing of Law No. 8 of 2022 on the South Kalimantan Province, Tuesday (7/19/2022). Photo by Humas MK/Bayu.
Tuesday, July 19, 2022 | 17:26 WIB
JAKARTA, Public Relations—The relocation of the South Kalimantan capital from Banjarmasin to Banjarbaru as per Article 4 of Law No. 8 of 2022 on the South Kalimantan Province was part of the plan to make Banjarbaru a buffer city for the development of the State Capital City (IKN), said Minister of Home Affairs’ expert staff on Apparatus and Public Services Tumpak Haposan Simanjuntak in his testimony for the Government at the third judicial review hearing of the South Kalimantan Law on Tuesday, July 19, 2022.
“Article 4 of Law No. 8 of 2022 aims to accelerate equitable distribution of district/city development in South Kalimantan Province in order to accelerate the realization of welfare for the people of South Kalimantan Province in a fair and equitable manner, and South Kalimantan Province is a buffer for the development plan for the new state capital, so it will indirectly help the acceleration of the new state capital if the separation of the buffer has been stabilized,” he said before the hearing chaired by Chief Justice Anwar Usman.
Tumpak said that based on the regional RPJP (long-term development plan) of South Kalimantan for 2005-2025 as shown in the Regulation of South Kalimantan Province No. 17 of 2009, the province’s vision and mission were set for it to become advanced, prosperous manufacture-based trade and services region. One of its methods is by preparing for the relocation of the South Kalimantan provincial capital (IKP) from Banjarmasin to Banjarbaru in the RPJP 2005‑2025 document.
“So, it can be said that Article 4 of the South Kalimantan Law challenged by the Petitioners does not contradict Article 18A of the 1945 Constitution and paragraph (2). This is because the provision was made to reorganize the legal background in accordance with the conditions and developments of the Indonesian state administration to conform to the 1945 Constitution and to adjust to the concept of regional autonomy based on Article 18 paragraph (1) of the 1945 Constitution,” Tumpak said in response to the petitions No. 58/PUU-XX/2022 and No. 59/PUU-XX/2022 filed by the Banjarmasin City Chamber of Commerce and Industry (Kadin) (Petitioner I) and several individuals affiliated with the Banjarmasin City Communication Forum (Petitioner II-V) as well as case No. 60/PUU-XX/2022 petitioned by Banjarmasin mayor Ibnu Sina and the South Kalimantan DPRD (Regional Legislative Council) chairman Harry Wijaya.
In response to the testimony, Constitutional Justice Enny Nurbaningsih requested that the Government also submit the South Kalimantan RPJP for 2005‑2025 as evidence.
“The Government has testified here but has not show the evidence, right? Please show the evidence. One of it is the regional regulation on 2005‑2025 regional RPJP that states that there has long been a review of the relocation of the capital,” she said.
Also read: South Kalimantan Capital City Relocation Challenged
Longest Administrative City
Tumpak also said Banjarbaru had obtained city status after being an administrative city in Indonesia for the longest period—3 years. It had not only been a municipality or the capital of South Kalimantan, but also the capital of Kalimantan in the 1950s, when Kalimantan was not yet divided into four provinces.
“The City of Banjarbaru was formed on April 19, 1999 based on Law No. 9 of 1999 on the Establishment of Level II Municipality of Banjarbaru. Since August 14, 2011, some of the activities of the South Kalimantan provincial government were moved to Banjarbaru City. Thus, it is irrelevant if the provision of Article 4 of Law No. 8 of 2022, which determines Banjarbaru City to be the capital of South Kalimantan Province, is contrasted by the Petitioners with the provision of Article 1 of the 1945 Constitution,” he added.
Feasibility Study
The plan to move the capital city of South Kalimantan Province had actually started during the term of Governor Murdjani in 1950-1953. At that time, the idea to relocate the capital from the swampy and mosquito-ridden Banjarmasin to an ideal place emerged. As a public health expert, Governor Murdjani concluded that Banjarmasin was not ideal for a center of government because the swampy soil led to stagnant water throughout the season, allowing various diseases to arise. To realize this idea, Tumpak added, an ideal place was searched. Governor Murdjani surveyed areas outside Banjarmasin City. Finally, the present Banjarbaru city was found.
Through a staff and leadership meeting, a feasibility study team was formed. It was led by D. A. W. van der Peijl, who then conducted the initial study. The designed was handled by experts from the Bandung Institute of Technology (ITB). Then through a letter dated July 9, 1954, Governor Murdjani officially urged the Minister of Home Affairs to approve the relocation.
“Thus, the name Banjarbaru is formally ‘official’ and ‘standard’ and the public does not question it. It is also used for correspondence. Then the DPRD I of South Kalimantan, through a resolution on December 10, 1958 Number 26a/DPRD-58, urged the Central Government to immediately establish Banjarbaru City as the capital of South Kalimantan Province,” Tumpak explained.
Also read: Petitioners Against S. Kalimantan Capital Relocation Revise Legal Standing
Involving Public
Meanwhile, on behalf of the House of Representatives (DPR), Arteria Dahlan denied the Petitioners’ argument that the drafting of the South Kalimantan Provincial Law had not involved the community. He explained that the legislators had involved the public in accordance with lawmaking laws and regulations.
“The South Kalimantan Province Bill involved the South Kalimantan Provincial Government, the South Kalimantan Regional Legislative Council, NGOs in Banjarmasin. Based on the explanation above, Law No. 8 of 2022 has fulfilled the principle of transparency in accordance with the Constitution, the Lawmaking Law, and the House Regulation for the Establishment of a Law,” he said.
In response, Constitutional Justice Saldi Isra asked the House to submit evidence of public participation so that the justice panel would be able to see the actions the House had taken.
“In its statement, the House explained its efforts to hear the aspirations of the people of South Kalimantan. Now, please, the evidence of what Mr. Arteria said earlier be submitted to the Court immediately so that we can see the actions or efforts as described as part of the House’s act to collect aspirations of the community or certain groups in South Kalimantan,” he urged.
No Legal Standing
In addition, Arteria commented on the Petitioners’ legal standing. The relocation, he said, did not prevent the Petitioners from carrying out their professions as private legal entities, employees, traders, or daily workers. He urged them to understand that lawmaking involves a group of people who have an interest in the relevant bill. In addition, the House found that in the petition the Petitioners did not explain their interests and direct relation to the formation of the law.
“The legislators have allowed for public participation by carrying out a series of activities, seeking input for the formation of the a quo Law through meetings, meetings with various elements of the community, academics, and others, starting from the planning process, preparation, to discussion,” he explained virtually from the DPR building in Jakarta.
At the preliminary hearing, the Petitioners for case No. 58/PUU-XX/2022 explained that they had been harmed by the South Kalimantan Law since its formation had not involved the community. They alleged that the Law had harmed the entrepreneurs within the Banjarmasin City Kadin (Petitioner I) because the provincial capital city relocation would impact the economy, especially those in the accommodation, culinary, and construction businesses that would hinder the development of supporting infrastructure in Banjarmasin City.
Meanwhile, Petitioners II-V alleged that the ambiguity of the underlying factor of the relocation could harm them because the people’s welfare wouldn’t be a priority amid the economic turbulence due to the COVID-19 pandemic, rising prices, and re-allocation of the provincial budget (APBD) to the new capital city. They believed the relocation would need substantial funding, which could be used for COVID-19 mitigation, aids for the community, and for education.
The Petitioners of case No. 59/PUU-XX/2022 asserted that Article 4 of the South Kalimantan Law, which reads, “The capital city of South Kalimantan Province shall be located in Banjarbaru,” was against Article 1 paragraphs (2) and (3), Article 28D, Article 28F, Article 28H paragraph (1), Article 18B paragraphs (1) and (2) of the 1945 Constitution. Historically, they added, Banjarmasin City had an important role in the development of the province since the 1500s, where it first became a government center. Changing its position is the same as changing history, they declared. Therefore, the article is unconstitutional because, they alleged, there was no justice in disrespecting the history of Banjarmasin—an area full of with traditional rights of Banjarmasin that is still developing today as the capital city of South Kalimantan Province. Therefore, the Petitioners appealed to the Court to grant the petition in its entirety and declare the South Kalimantan Province Law unconstitutional and not legally binding insofar as not interpreted to mean, “The capital city of South Kalimantan Province shall be located in Banjarmasin City and the government shall be located in Banjarbaru City.”
Meanwhile, the Petitioners of case No. 60/PUU-XX/2022 alleged through legal counsel Lukman Fadlun that the formation of the law had not involved the general public and that the House of Representatives (DPR) had not come to Banjarmasin to hear the people’s aspirations. In addition, it also had not pay attention to the harmony of the central-regional governments relations. This, they alleged, was because the South Kalimantan DPRD at its plenary session had not decided to relocate the provincial capital and the local government of Banjarmasin City had not been involved in the harmonization, conciliation, and stabilization of the legal conception until it became a draft of the bill.
Writer : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/21/2022 11:30 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Tuesday, July 19, 2022 | 17:26 WIB 367