Petitioner sand legal counsels in case No. 10/PUU-XXII/2024 at a judicial review hearing on the dispute over Bontang City territory, Monday (4/28/2025). Photo by MKRI/Panji.
JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing to hear the Petitioners regarding the continuation of 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. The Court had previously gave them time to coordinate for the petition’s withdrawal.
Deputy Chief Justice Saldi Isra stated that the session took place to respond to the Petitioners’ letter requesting the petition’s withdrawal. Through a letter, the Minister of Home Affairs has ordered the Petitioners—who also include the Bontang mayor—to withdraw the petition in order to keep the legal issue between the provincial and regency/city governments be settled administratively with the help of the ministry and out of the judiciary.
“One of the petitioners has withdrawn (the petition). This means that when one of them withdraws (the petition) and be ordered to communicate it, Mr. Heru (the Petitioners’ legal counsel), please explain the development after that,” said Deputy Chief Justice Saldi on Monday, April 28, 2025 in the plenary courtroom.
The Petitioners are Bontang City mayor Basri Rase, Bontang City DPRD (Regional Legislative Council) chairman Andi Faisal Sofyan Hasdam, Bontang City DPRD vice chairman I Junaidi, and Bontang City DPRD vice chairman II Agus Haris. Due to the letter by the Minister of Home Affairs, Basri Rase who was Bontang mayor at the time, sent a letter requesting to withdraw the petition.
However, current or newly-elected Bontang vice mayor Agus Haris and Bontang City DPRD chairman Andi Faisal Sofyan Hasdam would like to continue with the case since the Ministry of Home Affairs would not facilitate the territorial dispute. The Petitioners’ legal counsel Heru Widodo revealed that the Bontang City DPRD leadership had sent the Bontang mayor a letter on April 14, 2025 on their support for the judicial review petition to the Constitutional Court.
“In principle, the DPRD stated that for the common good and to carry out the Government’s mandate in serving the community at large, especially in Sidrap, the Bontang City DPRD advised and fully supports the Bontang City Government to continue the judicial review of Law No. 47 of 1999 to the Constitutional Court,” Heru said.
However, current Bontang mayor Neni Moerniaeni, who was elected in the 2024 regional election, advised compliance with the Minister’s letter to withdraw the petition. She believes that the territorial dispute petition can be filed by members of the community.
“The community might continue with [the case],” she said at the petition in person.
Before adjourning the session, Deputy Chief Justice Saldi said the Petitioners must take a firm step for the case because changes in the Petitioners’ positions would affect their legal standing.
The Court has previously given the Petitioners time to consolidate in withdrawing the petition at a hearing on Wednesday, October 2, 2024 to hear the House of Representatives (DPR) and the Bontang mayor. Chief Justice Suhartoyo 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.
“To give the Petitioners opportunity to consolidate in withdrawing the petition, as the acting mayor just explained, the Court gives time until December 18, 2024,” he said.
Meanwhile, 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:
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
Court Accepts Kutai Kertanegara Regent’s Written Testimony on Bontang City Border Dispute
Court Gives Time to Retract Petition on Bontang City Establishment
The Petitioners questioned that Bontang City territory only spans two districts, 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 District 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 district] 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 District, when it has existed since Bontang is an administrative city. In addition, the west of Bontang City is said to border Marangkayu District, when it should be Sangatta District 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 District of Level II Region of Kutai Regency. Now they are part of Sangatta District 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 District 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 District, 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 District of Bontang City and Sekambing Village as part of South Bontang District of Bontang City in Appendix 5 of Law No. 47 of 1999 in the form of the Bontang City map.
Read the revised petition for case No. 10/PUU-XXII/2024 here.
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.
Monday, April 28, 2025 | 14:44 WIB 248