Bontang City mayor Neni Moerniaeni, vice mayor Agus Haris, and DPRD chairman Andi Faisal Sofyan (Petitioners) after the ruling hearing on the dispute over Bontang City territory, Wednesday (5/14/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — In the interlocutory decision No. 10-PS/PUU-XXII/2024, delivered on Wednesday, May 14, 2025, the Constitutional Court (MK) ordered the East Kalimantan governor to facilitate mediation for the issue on the territory, territorial borders, and expansion of Bontang City with the involvement of the regional governments of Bontang City, East Kutai Regency, and Kutai Kartanegara Regency under the supervision of the Ministry of Home Affairs.

“[The Court] orders the governor of East Kalimantan to facilitate a settlement by way of mediation between the Regional Government of Bontang City, the Regional Government of East Kutai Regency, and the Regional Government of Kutai Kartanegara Regency in an effort to resolve the issue of territorial coverage and boundaries as well as the expansion of the Bontang City area within a maximum of three months from the time this decision is pronounced,” said Chief Justice Suhartoyo at a ruling hearing in the plenary courtroom.

The Court also ordered the East Kalimantan governor to report the mediation results within a maximum of seven workdays after the mediation ends. It ordered the Ministry of Home Affairs to supervise the mediation and report to the Court the supervision results within seven days after the mediation ends.

The interlocutory decision was handed down because the Court saw that the mediation facilitated by the East Kalimantan Provincial Government had not been optimal. Therefore, it considered it necessary to re-mediate in good faith and to find common ground between the three parties so that the problem would not drag on without any clarity.

After listening to the testimonies of the parties, the Court considered that the judicial review petition of the elucidation to Article 2, Article 7, Article 10 paragraph (4) letter c, Article 10 paragraph (5) letter d, and the appendix to 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 overlapped with the Petitioners’ wish to expand Bontang City or at least include Sidrap Hamlet into Bontang City. This cannot be separated from the issue of public service and the fulfillment of the constitutional rights of Sidrap Hamlet residents.

“The Court is of the opinion that the filing of a petition for judicial review of the a quo Law can indeed be done but should be the last resort. This is because the regional government system has regulated the mechanism for resolving problems of territorial coverage and/or boundaries between regencies/cities, which is facilitated by the governor of the province where the regency/city is located,” explained Constitutional Justice Arief Hidayat reading out the Court’s legal considerations.

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

Bontang Mayor Withdraws Petition, DPRD Wishes to Continue

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.

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 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 interlocutory decision No. 10-PS/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.

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