West Papua governor Ali Baham Temongmere testifying on behalf of the province’s government at a judicial review hearing of the Law on the Establishment of Southwest Papua Province, Tuesday (3/5/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing for case No. 106/PUU-XXI/2023 on the judicial review of Law No. 29 of 2022 on Establishment of Southwest Papua Province (PBD Law) on Tuesday, March 5, 2024 to hear the testimony of the West Papua Province government, to which Sorong and South Sorong Regencies had belonged before they become part of Southwest Papua Province. West Papua governor Ali Baham Temongmere said that the province left the dispute over Kampung Botain between the two regencies to Southwest Papua Province.

“We invite the central government [through] the Ministry of Home Affairs, of course the authority is with the Southwest Papua, who is authorized to convey data about Kampung Botain,” he said virtually at the plenary hearing.

Meanwhile, the West Papua provincial government had not submitted a written testimony to the Court when, Chief Justice Suhartoyo said, the Court had notified it about the hearing schedule to hear the Southwest Papua provincial government several days before.

“A notification was sent a while ago, a few days prior. Why didn’t you mandate a proxy or come to Jakarta yourself? You could have appointed a proxy such as the Southwest Papua governor, Sorong regent, or South Sorong regent,” he said.

The chief justice said that the testimonies and facts in the hearings, which involve several parties, would inform the constitutional justices in ruling the case. Should any of the parties want to present additional witnesses or experts, they should submit a request to the Court along with their conclusion on the case by Friday, March 15, 2024 at 10:00 WIB.

“[In the conclusion] you can narrate conclusions on the hearings, including new things you would like to convey, including additional expert or witness testimonies so that on Thursday we can make a decision based on the conclusions. This is since the conclusions are facts. However, this is not mandatory, but ideally should be [submitted],” Chief Justice Suhartoyo added.

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

Southwest Papua Govt Hopes Court’s Decision Would Not Hinder Development 

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            : Fauzan F.
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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