Southwest Papua Provincial Government, represented by acting head of Government Bureau Anhar Akib Kadar, testifying as a Relevant Party in case No. 106/PUU-XXI/2023, Wednesday (2/21/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) — Southwest Papua Provincial Government and the Sorong Regency Government testified as Relevant Parties for case No. 106/PUU-XXI/2023 on the judicial review of Appendix I letter a on Sorong Regency point 29 on Botain District in Law No. 29 of 2022 on Establishment of Southwest Papua Province (PBD Law). The first was represented by acting head of the Government Bureau Anhar Akib Kadar while the latter by head of the Government Department Donar Taluke, who attended the hearing alongside Sorong acting regent.
On behalf of the Southwest Papua Provincial Government, Anhar Akib Kadar appealed to the Court so that its ruling process would not hinder the development acceleration in the province. “I appeal to the Constitutional Court of the Republic of Indonesia to make a ruling with its verdict on the judicial review of Law No. 29 of 2022 on Establishment of Southwest Papua Province without hindering the development acceleration in Southwest Papua Province,” he said in his testimony on Wednesday, February 21, 2024 in the plenary courtroom.
He admitted that the discussion on territorial dispute between Sorong and South Sorong Regencies had not been over. He stated that as representation of the Central Government, his government has duties and authority in the facilitation and implementation of the regency/city government. Any territorial border dispute between regencies/cities within one province or cross-province shall be settled by the governor pursuant to the Regulation of the Ministry of Home Affairs No. 141 of 2017 on the Affirmation of Territorial Borders.
Sorong Regency Govt’s Claim
In his testimony, Donar Taluke claimed Sorong Regency Government had performed government services, development, and societal affairs in Botain. “We paid for the apparatuses’ salaries. We also gave development aids in Botain,” he said.
He added that the regency government had allocated funding to Botain such as for direct cash assistance (BLT) to the community. It had also held an election for forty final voters lists (DPT) with no security threat detected.
Territorial Borders Not Final
The Court also heard a testimony by Fitriani Ahlan Sjarif, an expert for the Petitioners. The legislation lecturer of the Law Faculty of Universitas Indonesia explained that the territorial dispute had arisen when the name Botain (in which the South Sorong Regency Government claimed that Kampung Botain is part of Saifi District, which is part of its territory) entered into the appendix to the PBD Law as Botain District (which is part of Sorong Regency). She believes this to be against the legal facts in previous legislation, such as Law No. 26 of 2002 and several regional regulations such as the South Sorong Regent Regulation No. 08 of 2010 on the formation of Kampung Botain in Saifi District of South Sorong Regency and the Letter of the Ministry of Home Affairs (Permendagri) No. 136/1161/PUM dated May 15, 2015—which states that Kampung Botain is legally part of South Sorong Regency.
“That is why the provision in Appendix I on district should not be mentioned. This is because there is a fact that in court, the government acknowledged the coordinates of the borders of South Sorong and Sorong Regencies following Permendagri No. 89 of 2019 were problematic and not final,” she explained.
She believes that following the Government Regulation (PP) No. 17 of 2018 on subdistricts, even though the formation of a district does not necessarily need to involve the public, there are sociological elements to the merging or adjustment of subdistricts that must be considered. In addition, public participation is also a general and basic provision for the formation of all laws and regulations at the central and regional levels as stipulated in Article 96 of Law No. 12 of 2011 on Lawmaking.
Also read:
Regent Claims Kampung Botain a Part of South Sorong
To Reinforce Claim on Kampung Botain, S. Sorong DPRD Speaker Joins Case
Govt: Botain Village Far Outside South Sorong Regency
Petitioners’ Witnesses: Kp. Botain Services Provided by S. Sorong Govt
Petitioners’ Witnesses: Kp Botain Health Services Provided by S. Sorong Govt
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 Sorong 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 : Sri Pujianti
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.
Wednesday, February 21, 2024 | 17:51 WIB 163