Legal counsel Heru Widodo conveying the petition’s revisions at a panel hearing of the material judicial review of the Law on the borders of Bontang City, Monday (2/26/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Petitioners 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 have revised the petition. The hearing to hear the petition’s revisions for case No. 10/PUU-XXII/2024 was held by the Constitutional Court (MK) on Monday, February 26, 2024. The revisions relate to the Petitioners’ legal standing, the petition’s background, and the petitums.

Legal counsel Heru Widodo said that the Petitioners had strengthened their legal standing. The Petitioners—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—admitted they had received a mandate latter from the Communication Forum of Sidrap Community and seven RTs (neighborhood units) in Guntung Village to file the a quo petition. The aspiration was then discussed at the eighth plenary I session of Bontang City DPRD and the members agreed to file the petition to the Court.

Heru added that the Petitioners question that Bontang City territory only spans two subdistricts, i.e. South Bontang and North Bontang. The fifth appendix to Law No. 47 of 1999 has led to legal uncertainty as it does not include West Bontang Subdistrict in Bontang City. This was not because it was under another region nor is it an object of dispute.

“Administratively and formally it does not show in the map, nor is it included in the borders. Materially or substantively, there is no dispute [about the subdistrict] with another regency. We only want an affirmation in the Constitutional Court decision. It is not mentioned in the Law that it will lead to legal uncertainty,” Heru said.

Another issue that the Petitioners highlight is that Sekambing Village is not included in South Bontang Subdistrict, when it has existed since Bontang is an administrative city. In addition, the west of Bontang City is said to border Marangkayu Subdistrict, when it should be Sangatta Subdistrict of East Kutai Regency.

There is also the issue of Sidrap area, whose nomenclature have changed into RT 19, RT 20, RT 21, RT 22, RT 23, RT 24, and RT 25. Formerly, these areas were part of Bontang Subdistrict of Level II Region of Kutai Regency. Now they are part of Sangatta Subdistrict of East Kutai Regency. In addition to causing legal certainty, it has led to the creation of a new norm, especially on the northern border with Sangatta Subdistrict of East Kutai Regency, by not determining Sidrap as part of North Bontang, thus in violation of Article 10 paragraph (4).

Moreover, Heru explained, the process of resolving borders, especially in Sidrap, has caused prolonged disputes because it has never produced results. The settlement efforts that have been made by the Petitioners include coordination and supervision with the East Kutai Regency Government facilitated by the East Kalimantan Provincial Government, and even a request for settlement to the Ministry of Home Affairs.

The endless series of dispute resolution efforts continued with a review petition of the Minister of Home Affairs Regulation (Permendagri) No. 25 of 2005 on the Determination of Bontang City Borders with East Kutai Regency, Kutai Kartanegara Regency to the Supreme Court (MA) based on recommendations by the North Kalimantan Provincial Government. However, this petition was rejected.

“On the basis of the entire reasons for the petition as described above, it is proven according to law and the determination of the borders of Bontang City in the Elucidation to Article 2 of Law No. 47 of 1999, as well as in Article 7, Article 10 paragraph (4) letter c, Article 10 paragraph (5) letter d, and Appendix 5 of Law Law No. 47 of 1999 is contrary to Article 28D paragraph (1) of the 1945 Constitution,” Heru said.

Also read: Bontang City Borders Challenged in Court

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 West Bontang in 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—whose nomenclature have changed into RT 19, RT 20, RT 21, RT 22, RT 23, RT 24, and RT 25—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 in the form of the Bontang City map.

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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