The Petitioner’s legal team conveying revisions to the petition at the material judicial review hearing of Law No. 28 of 1959 on the Formation of Level II Regions in South Sumatera, Monday (8/7/2023). Photo by Humas MK/Fauzan.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held the petition revision hearing for the material judicial review hearing of Law No. 28 of 1959 on the Stipulation of Emergency Laws No. 4 of 1956, No. 5 of 1956, and No. 6 of 1956 on the Formation of Level II Regions Including Township within Level I Region of South Sumatera into Law on Monday, August 7, 2023.

At the hearing for case No. 71/PUU-XXI/2023, presided over by Constitutional Justices Arief Hidayat (panel chair), Manahan M. P. Sitompul, and Enny Nurbaningsih, legal counsel Gugum Ridho Putra explained that the case concerns a dispute over the territories of North Bengkulu and Lebong Regencies, which the Petitioner believes is under the Court’s jurisdiction.

Gugum said the dispute cannot be settled by only revising the Permendagri (Regulation of the Home Affairs Minister) on the confirmation of the regencies’ borders. He added that as long as the territories of both regencies in the Laws on the establishment of the two regencies are not revised, legal uncertainty will continue to occur and the dispute will continue.

“The Petitioner is not only harmed by the loss of part of its territory, but some of the Petitioner’s subdistricts were taken over 100 percent,” he said.

Gugum added that the Petitioner revised the petitum to assert that Article 1 point 10 and letter A of General Provisions Point II on the Expansion of Old Autonomous Regions in South Sumatera letter b on Regencies subsection 1 point 10 of Law No. 28 of 1959 on the Stipulation of Emergency Laws No. 4 of 1956, No. 5 of 1956, and No. 6 of 1956 on the Formation of Level II Regions Including Township within Level I Region of South Sumatera into Law are unconstitutional and not legally binding if interpreted to include the territories of Padang Bano, Rimbo Pengadang, Topos, South Lebong, Bingin Kuning, Central Lebong, Lebong Atas, Tubei, North Lebong, Amen, Uram Jaya, and Pinang Belapis Subdistricts as well as the villages and/or kelurahan in each of those subdistricts that belong to the administrative territory of Lebong Regency government.

Also read: Lebong Regency Govt Questions Certainty of Borders 

The case No. 71/PUU-XXI/2023 was filed by Lebong regent Kopli Ansori and Lebong regency DPRD (Regional Legislative Council) chairman Carles Ronsen on behalf of the regional government of Lebong Regency, Bengkulu Province. At the preliminary hearing on Tuesday, July 25, 2023, the Petitioner asserted that Article 1 point 10 of the Law on the Establishment of North Bengkulu Regency and its elucidation had harmed them, as it resulted in the loss of the entire Padang Bano Subdistrict as well as some of 18 villages in 6 other subdistricts.

The Petitioner claimed to be able to prove that Padang Bano Subdistrict and some of 18 villages in 6 other subdistricts belong to them based on a Law on the regency’s establishment, given that the residents of those areas had belonged to the electoral district of Lebong Regency in the presidential, DPR (House of Representatives), DPD (Regional Representatives Council), and DPRD (Regional Legislative Council) elections in 2009 and 2014, not to North Bengkulu Regency.

Author       : Mimi Kartika
Editor        : Nur R.
PR            : Raisa Ayuditha
Translator  : Yuniar Widiastuti (NL)

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.

---