The Petitioners’ legal counsel confirming withdrawal of the judicial review petition on the North Bengkulu Regency Establishment Law, Monday (8/26/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Law No. 28 of 1959 on the Stipulation of Emergency Laws No. 4 of 1956, No. 5 of 1956, and No. 6 of 1956 on the Formation of Level II Regions Including Township within Level I Region of South Sumatera into Law on Monday, August 26, 2024 in the plenary courtroom. The petition No. 71/PUU-XXI/2023 was filed by Lebong regent Kopli Ansori and Lebong regency DPRD (Regional Legislative Council) chairman Carles Ronsen on behalf of the regional government of Lebong Regency, Bengkulu Province. At the preliminary hearing on Tuesday, July 25, 2023, they asserted that Article 1 point 10 of the Law on the Establishment of North Bengkulu Regency and its elucidation had harmed them, as it had resulted in the loss of the entire Padang Bano Subdistrict as well as some of 18 villages in 6 other subdistricts.

Before Chief Justice Suhartoyo and the other eight constitutional justices, the legal counsel of Lebong regent informed that a letter from the Minister of Home Affairs had compelled him to withdraw the petition. The Inspectorate had followed up on the letter on August 21.

“The Minister of Home Affairs sent a letter to Lebong regent, which was then followed up by the Inspectorate by coming to Lebong Regency on August 21, 2024 as mentioned in a meeting. The Lebong regent of Bengkulu Province then withdrew the petition. The legal counsel was only informed after Lebong regent had sent a letter to the Court,” said legal counsel Dharma Rozali Azhar.

In response, Chief Justice Suhartoyo emphasized that the Court would study the request. He also informed the litigants that the Relevant Parties were trying to resolve the issue through mediation ordered by the Court in its injunction verdict. That said, the Court respects the right of citizens to use their constitutional rights to file a petition to the Court.

“The Court will consider this withdrawal. The President, the Bengkulu Provincial Government, the North Bengkulu Regency Government, and the Relevant Party should be aware that despite this withdrawal request, mediation based on the Court’s injunction verdict is ongoing. However, with this request, we cannot restrict anyone from using their private rights lawfully,” the chief justice stressed.

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Lebong Regency Govt Questions Certainty of Borders 

Petitioner’s Legal Team Reveals Lebong-North Bengkulu Territorial Dispute 

Govt Asserts Formation of Lebong Regency in Line with Constitution 

Bengkulu Governor Talks Lebong Regency’s Borders

DPR, North Bengkulu Regent Respond to Lebong Regency’s Claims 

Former Lebong Regent Reveals Territorial Agreement

Petitioner’s Expert Reveals Lebong’s History

Dispute between Lebong-North Bengkulu Regency Governments over Padang Bano

Witness Questions Absence of Regulation on N. Bengkulu-Rejang Lebong Borders

Court Order Mediation on Lebong-North Bengkulu Border Dispute

The Court had handed down the Interlocutory Decision No. 71-PS/PUU-XXI/2023 on the judicial review of Law No. 28 of 1959 on the Stipulation of Emergency Laws No. 4 of 1956, No. 5 of 1956, and No. 6 of 1956 on the Formation of Level II Regions Including Township within Level I Region of South Sumatera into Law on Friday, March 22, 2024 in the plenary courtroom.

“[The Court] adjudicated, before handing down a final decision: Orders the Governor of Bengkulu Province to facilitate mediation between the governments of Lebong Regency and North Bengkulu Regency in the resolution of the dispute on border and territory of North Bengkulu Regency under the supervision of the Ministry of Home Affairs in no later than three months since this decision is pronounced,” said Chief Justice Suhartoyo delivering the injunction verdict.

In the verdict, the Court also ordered the Bengkulu governor to report the mediation results in no later than seven days after mediation is completed. “[The Court] orders the Ministry of Home Affairs to supervise the mediation and report the results to the Court in no later than seven days after mediation is completed,” the chief justice added.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
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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