The Petitioners’ witnesses taking oath before testifying at a judicial review hearing of Law No. 29 of 2022 on the Formation of Southwest Papua Province, Tuesday (1/30/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — Petitioners of case No. 106/PUU-XXI/2023, South Sorong regent Samsudin Anggiluli and DPRD (Regional Legislative Council) chairman Martinus Maga, presented two witnesses at the fourth judicial review hearing of Law No. 29 of 2022 on Establishment of Southwest Papua Province (PBD Law) on Tuesday, January 30, 2024. In his testimony, James Imanuel Tipawael emphasized that services to the people of Kampung Botain was still being provided by South Sorong Regency government despite it having been declared outside of the regency’s territory in the Permendagri (Regulation of the Minister of Home Affairs) No. 89 of 2019.
“Yes, Your Honor, until today. There are services that South Sorong Regency government cannot leave behind, such as payment of salaries,” he said to answer a question from Constitutional Justice Enny Nurbaningsih on whether the regency’s government still offered services to Kampung Botain.
Justice Enny then asked whether Sorong Regency government did not offer services to Kampung Botain. “Not at all, Your Honor, since teachers still receive salaries from South Sorong Regency government. They are civil servants of South Sorong,” Tipawael answered.
He also answered Justice Enny’s question whether these teachers received salaries from both South Sorong and Sorong Regencies. “No, Your Honor. And (Sorong Regency government) never provides services there because the district government is not implemented in the capital Botain, but in another kampong,” he continued.
Tipawael was formerly the head of the administration department of Kampung Setda of South Sorong Regency and coordinator of the South Sorong Regency Borders Affirmation Team, who were involved in South Sorong Regency government’s efforts to resolve border dispute between South Sorong and Sorong Regencies. He argued that Permendagri No. 89 of 2019 on the territories between South Sorong and Sorong Regencies of West Papua was not stipulated according to the provisions of Permendagri No. 141 of 2017 on the affirmation of regional borders.
Permendagri No. 141 of 2017 emphasized that the stipulation of a permendagri on regional territorial borders between regencies/cities must be based on an agreement between the regents/mayors and receive the governor’s recommendation. Meanwhile, Tipawael said, the basis for the stipulation of Permendagri No. 89 of 2019 was the minutes of meeting of heads of departments on the coordinates of the regional borders, which has not been agreed upon by both parties.
“Given that the stipulation of Permendagri No. 89 of 2019 did not follow procedure, it is legally flawed, so it shouldn’t be made a reference in the formation of Law No. 29 of 2022 on the Establishment of Southwest Papua Province,” he said.
The other witness, Fredrik Sagisolo, said that people have lived in Kampung Botain, Saifi District, South Sorong Regency for quite a long time and receive services provided by South Sorong Regency government. He believes residents who have lived in Kampung Botain with their culture and customs are from the Tehit Ogit Yaben sub-ethnicity and speak Tehit and originated from South Sorong Regency.
Sagisolo is the chairman of the Knasaimos (Saifi, Imian, Ogit-Yaben, Srer, and Salmit-Klauwsa) indigenous people alliance council of South Sorong Regency, Southwest Papua Province. During the formation of South Sorong Regency, he was head of Seremuk District and was involved in Knasaimos.
He believes Permendagri No. 89 of 2019 had received backlash from the residents of Kampung Botain because they believed it was done unilaterally without participation of local residents. He claimed that Botain people had declared their unwillingness to be part of Sorong Regency and their wish to remain in South Sorong Regency.
“The indigenous people believed it was done by Sorong Regency government unilaterally because it didn’t go through any deliberation with the indigenous community,” Sagisolo said.
Territory of Southwest Papua
At the hearing, the President/Government was represented by the Ministry of Home Affairs. In his testimony, junior analyst of Area IIIB of Sub-Directorate of Territorial Borders of Area III of Directorate-General of Territorial Administration of the Ministry of Home Affairs Hanafi said that the ministry had facilitated the resolution of the implementation issues relating to Permendagri No. 89 of 2019 in 2022, which coincided with the drafting of the Southwest Papua Province establishment bill.
Hanafi revealed that despite the border dispute between Sorong and South Sorong Regencies relating to Kampung Botain, both are prospective areas to include in the new province Southwest Papua, not in the outmost border with other provinces. Therefore, he explained, the territorial dispute between the two regencies do not influence the drafting of the Southwest Papua Province establishment bill.
“So, whatever happens there, [those areas] are still within Southwest Papua,” he said.
Hanafi added that during the drafting of territorial map as an appendix in the bill, the Government used data that had legal bases. One of them is the permendagri on territorial borders that had been determined. When drafting this map, the Government used the border lines stipulated in Permendagri No. 89 of 2019 for the formation of borders between Sorong and South Sorong Regencies.
“Until the end before the bill was enacted, there was no report on the support from West Papua Province based on the letter from our director-general to the governor. There was no response so, consequently, the border lines in the appendix map in the bill are the border lines according to Permendagri No. 89 of 2019,” Hanafi explained.
Also read:
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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).
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 : Mimi Kartika
Editor : Nur R.
PR : Muhammad Halim
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.
Tuesday, January 30, 2024 | 15:51 WIB 120