Legal counsel Heru Widodo conveying the petition’s subject matter at the preliminary hearing of the material judicial review of the Law on the borders of Bontang City, Monday (2/12/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Bontang City mayor Basri Rase, DPRD (Regional Legislative Council) chairman Andi Faisal Sofyan Hasdam, DPRD vice chairman I Junaidi, and DPRD vice chairman II Agus Haris have filed a material judicial review petition of Law No. 47 of 1999 on the Establishment of Nunukan Regency, Malinau Regency, West Kutai Regency, East Kutai Regency, and Bontang City as amended by Law No. 7 of 2000. The Petitioners of case No. 10/PUU-XXII/2024 challenge Article 2, Article 7, Article 10 paragraphs (4) and (5), and Appendix 5 in the form of a map of Bontang City territory in Law No. 47 of 1999 against Article 28D paragraph (1) of the 1945 Constitution.

The Petitioners believe those articles have led to fair legal uncertainty as they determined the borders of Bontang City that are not in line with its history as both Bontang Subdistrict and Bontang Administrative City. With the enactment of Law No. 47 of 1999 on October 4, 1999, Bontang City was established officially, comprising South Bontang and North Bontang Subdistricts.

Meanwhile, West Bontang Subdistrict, formed on July 16, 1999 based on the Kutai Regency Regional Government No. 17 of 1999, was not declared part of the city. “In the Law, there was territorial reduction, where there was Sekambing Village which disappeared from the map when the Law was enacted,” legal counsel Heru Widodo said at the preliminary hearing on Monday, February 12, 2024.

The Petitioners also explain that in the elections in 2004-2024, Sidrap has been part of the electoral district of Bontang City. Its residents in RT 19 to RT 25 are listed in the final voters list (DPT) of Guntung Village, Bontang City and vote at polling stations (TPS) in North Bontang Subdistrict. The Petitioners believe Appendix 5 of Law No. 47 of 1999, which stipulates that Sidrap Hamlet isn’t part of the electoral district of Bontang City, has led to legal uncertainty in the use of the residents’ right to vote.

The Petitioners and the East Kutai Regency government have reached an agreement on the inclusion of Sidrap in Bontang City following Sidrap residents, who have been expressed their position in joining Bontang City. However, it fell through because East Kutai DPRD unilaterally canceled the agreement without any reason.

“Because of the fact that efforts to settle the territorial [dispute], especially Sidrap Hamlet, did not [materialize], the Petitioners’ last effort is to ask the Constitutional Court for justice and settlement through a material petition, among which on Appendix 5 of Law No. 47 of 1999,” Heru said.

In their petitums, the Petitioners request that the Court declare the elucidation to Article 2 of Law No. 47 of 1999 unconstitutional and not legally binding, to include West Bontang in Article 7 and Article 10 paragraph (4) letter c, to interpret Article 10 paragraph (5) letter d as “Bontang City shares boundaries with Sangatta Subdistrict, East Kutai Regency in the west,” and to not include Sidrap Hamlet as part of North Bontang Subdistrict of Bontang City and Sekambing Village as part of South Bontang Subdistrict of Bontang City in Appendix 5 of Law No. 47 of 1999.

Justices’ Advice

The panel preliminary hearing was presided over by Constitutional Justices Arief Hidayat (chair), Enny Nurbaningsih, and Anwar Usman. Justice Enny asked the Petitioners to explain the allocation of funding for Sidrap Hamlet and Sekambing Village, whether from Bontang City’s or East Kutai Regency’s budget (APBD). She also asked them to elaborate the resources in Sidrap Hamlet and whether the village structure is responsible to Bontang City or East Kutai Regency.

Meanwhile, Justice Arief said that the provisions on the stipulation of provincial, regency/city, or subdistrict territory are the legislatures’ open legal policy. However, their implementation may lead to issues.

“Therefore, in this occasion, it must be elaborated—although it already was but not clear enough—whether [the dispute] has been settled at the levels,” he said.

Before adjourning the hearing, Justice Arief announced that the Petitioners would have 14 days to revise the petition and submit it by Monday, February 26, 2024 at 09:00 WIB.  

Author       : Mimi Kartika
Editor        : Nur R.
PR            : Raisa Ayuditha Marsaulina
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.

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