Bontang DPRD chairman Andi Faisal Sofyan (right) and vice chairman I Agus Haris at a material judicial review of the law on the borders of Bontang City, Wednesday (7/10/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The third judicial review hearing 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 was postponed. The President’s (Government) proxy stated they were unprepared to testify on Wednesday, July 10, 2024, which had been scheduled for the testimonies of the House of Representatives (DPR) and the President.

“We delay the presentation of the President’s testimony today,” said Purwoko—the Ministry of Law and Human Rights’ coordinator for the settlement of legislative disputes on politics, law, and security—as the President’s proxy in the plenary courtroom.

Meanwhile, the House is indisposed. Chief Justice Suhartoyo hoped the president or his proxy would present a testimony for the case as soon as possible.

“As you know, the Petitioners very much hope that the proceedings be swift, as they attended the hearing. Please do not request for another postponement, sir. This is the last one. Please be advised,” he said alongside the other eight constitutional justices. Before concluding the hearing, he stated that the hearing would commence on July 18, 2024.

Also read:

Bontang City Borders Challenged in Court

Petitioners of Law on Bontang City Revise Petition

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. 

In case No. 10/PUU-XXII/2024, the Petitioners challenge Article 2, Article 7, Article 10 paragraph (4), Article 10 paragraph (5), and Appendix 5 of Law No. 47 of 1999 against Article 28D paragraph (1) of the 1945 Constitution.

They believe those articles have led to 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.

The Petitioners also explained 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. They 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 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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