Acting mayor of Bontang Munawwar (left) testifying at a judicial review hearing on the dispute over Bontang City territory, Wednesday (10/2/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) postponed the 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. It gave 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—time to consolidate in withdrawing the petition No. 10/PUU-XXII/2024.

“To give the Petitioners the opportunity to consolidate in the withdrawal process as stated by the acting Mayor earlier, the Court gives time until December 18, 2024,” said Chief Justice Suhartoyo at the session to hear the House of Representatives and Bontang mayor on Wednesday, October 2, 2024.

The chief justice asked the Petitioners to send a request letter for withdrawal as soon as possible so that it will be able to rule the case immediately and summons the parties for the ruling hearing. He also warned them to not send said letter past deadline.

Bontang City acting mayor Munawwar said that Basri Rase had sent a letter to the Ministry of Home Affairs to reach an agreement with the Bontang City DPRD to withdraw the petition, which was also filed under agreement of both parties.

“The issue why the withdrawal request has been delayed is because the old DPRD has been replaced, so the Bontang City Government is awaiting the new DPRD to hold a plenary session on the plan to withdraw the judicial review petition,” Munawwar said.

Meanwhile, acting East Kalimantan governor Akmal Malik said he could not ensure when the Bontang City DPRD apparatuses would be complete. He ensures that these apparatuses—such as the DPRD leadership, its deliberation body, commissions, etc.—can be established within one month.

Also read:

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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

Court Accepts Kutai Kertanegara Regent’s Written Testimony on Bontang City Border Dispute

The Petitioners questioned 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 is not because it is 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,” said the Petitioners’ legal counsel Heru Widodo said at the petition revision hearing in February.

Another issue that the Petitioners highlighted 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 was also the issue of Sidrap area, whose nomenclature has 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.

In their petitums, the Petitioners requested 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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