A judicial review hearing of Law No. 29 of 2022 on the Formation of Southwest Papua Province, Monday (12/18/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The location of Botain Village, initially in Saifi District of South Sorong Regency, is currently outside South Sorong area based on the Regulation of the Ministry of Home Affairs (Permendagri) No. 89 of 2019. This was conveyed by acting Director-General of Territorial Administration at the Ministry of Home Affairs (MoHA) Amran when delivering the President/Government’s statement at a judicial review hearing of Law No. 29 of 2022 on Establishment of Southwest Papua Province (PBD Law) on Monday, December 18, 2023.

Amran explained that based on a threshold analysis based on the appendix of the PBD Law and a process of affirming regional borders, including minute No. 61/GAD3/VI/2018 dated June 29, 2018, the location of Botain Village is approximately 23 km west of the indicative line pattern of the attached map to PBD Law or approximately 30 km west of Seremuk River.

“It means that the location of Botain Village is far outside of the South Sorong Regency area based on Law No. 29 of 2022,” he stressed.

Furthermore, he explained the regional boundaries, both the of Southwest Papua Province and of the authority to manage natural resources outside Southwest Papua Province as referred to in Article 4 paragraphs (1) and (2) of Law No. 29 of 2022 as well as the boundaries between cities, were drawn based on the boundary lines in the Permendagri on regional boundaries between provinces and regencies/cities.

“The delineation of the boundaries of South Sorong and Sorong Regencies on the map of Southwest Papua Province’s territory is in compliance with Permendagri No. 89 of 2019,” Amran said.

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Regent Claims Kampung Botain a Part of South Sorong

To Reinforce Claim on Kampung Botain, S. Sorong DPRD Speaker Joins Case

South Sorong Regent Samsudin Anggiluli and DPRD chairman Martinus Maga filed a judicial review petition of Appendix I letter a on Sorong Regency point 29 on Botain District in Law No. 29 of 2022 on the Establishment of Southwest Papua Province to the Constitutional Court (MK).

At the preliminary hearing for case No. 106/PUU-XXI/2023 on Thursday, September 21, through legal counsel Jamses E. Sihaloho, he argued that the articles are in violation of Article 28D of the 1945 Constitution for not reflecting the historical, juridical, and geographical facts. As head of the region and part of the South Sorong Regency administration, he believes his constitutional rights and authority have been harmed. Factually, the residents of Kampung Botain, the Tahit Yaben tribe, is an indigenous ethnic group of South Sorong Regency. Since 2002, South Sorong has been stated as their domicile in their identity card (KTP) and received services from the South Sorong Regency administration. Sihalolo added that they also had participated in the general and local elections in 2004–2020 through the regency’s Elections Commission (KPUD).

“Due to territorial takeover of Kampung Botain, these indigenous people of South Sorong Regency have expressed objection and rejection of their kampung’s takeover into Botain District of Sorong Regency,” said Sihalolo before Constitutional Justices Arief Hidayat (panel chair), Suhartoyo, and Enny Nurbaningsih.

In the petitum, the Petitioners request that the Court declare Appendix I letter a on Soring Regency point 29 on Botain District of Law No. 29 of 2022 on the Establishment of Southwest Papua Province conditionally unconstitutional if Kampung Botain, currently part of Saifi District of South Sorong Regency, be included in Botain District, Sorong Regency.  

Author       : Fauzan F.
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Nyi Mas Laras Nur Inten Kemalasari/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.

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