Chief Justice Suhartoyo (center) with Deputy Chief Justice Saldi Isra (left) and Constitutional Justice Arief Hidayat (right) presiding over a judicial review hearing on the dispute over Bontang City territory, Monday (9/2/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for case No. 10/PUU-XXII/2024 on the judicial review 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 on Monday, September 2, 2024.

This time, the House of Representatives (DPR) and Kutai Kertanegara regent (Relevant Party) testified. However, both were absent and asked for time at the next hearing.

Kutai Kartanegara Regency secretary and his ranks would like to testify on behalf of the regent. Nevertheless, the Court did not allow them to present their testimony, given that it would have flouted the rules. Instead, the Court accepted the written testimony without it being presented formally at the hearing.

“We will exercise discretion to accept the testimony, but it cannot be presented formally at the hearing as it does not meet the existing rules. We will accept the testimony and consider it,” said Chief Justice Suhartoyo and the other seven constitutional justices in the plenary courtroom.

He also mentioned other territorial disputes that the government was currently resolving in order to have legal certainty.

Meanwhile, the Petitioners’ legal counsel said the Petitioners would continue with the petition although the Bontang regent had corresponded with them to request that the petition be withdrawn. The Bontang DPRD (Regional Legislative Council) leadership, who is one of the petitioners in the case, had not expressed his approval to withdraw the petition, as conveyed by DPRD vice chairman II Agus Haris.

Before concluding the hearing, Chief Justice Suhartoyo announced that the hearing would continue on Wednesday, October 2, 2024 at 10:30 WIB.

Also read:

Court Orders Governor of Southwest Papua to Facilitate Settlement of Boundary Dispute in Botain Village

South Sorong Regent Conveys Withdrawal Reason of Border Dispute Petition

One of the territorial disputes that the chief justice alluded to at the hearing is case No. 106/PUU-XXI/2023 filed by South Sorong regent Samsudin Anggiluli and DPRD chairman Martinus Maga. They withdrew the case despite the Court having handed down an interlocutory decision. The South Sorong regent revealed that he had received a letter from the Minister of Home Affairs that ordered the judicial review of Law No. 29 of 2022 on the Establishment of Southwest Papua Province.

In the letter, the minister explained that any legal issues between the government of provinces and regencies/cities must be carried out through state administration procedures facilitated by the Ministry of Home Affairs and avoid trials. Samsudin Anggiluli confirmed that the petition had been withdrawn under the DPRD’s approval since South Sorong DPRD chairman Martinus Maga was also a petitioner in the case.

Also read:

Bontang City Borders Challenged in Court

Petitioners of Law on Bontang City Revise Petition

President’s Proxy Unprepared, Hearing on Bontang City Establishment Postponed

MoHA: Map Attached to Law on Bontang City Formation Unfit

Interim East Kalimantan Governor: Leave Bontang City Dispute to Provincial Govt

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 challenge 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. In the petition, they question why Bontang City only consists of two subdistricts: South Bontang and North Bontang. They believe Appendix 5 of Law No. 47 of 1999, which excludes West Bontang from Bontang City—not because it had been included in another region or is being disputed—has led to legal uncertainty.

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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