The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia
Boundary dispute is a new phenomenon that occurred in the era of regional autonomy followed by the expansion of the region. One of them occurred between Kepulauan Riau and Jambi Provinces related to Berhala Island ownership. Settlement of disputes between these two provinces took quite a long time a...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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EDP Sciences
2018-01-01
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| Series: | SHS Web of Conferences |
| Online Access: | https://doi.org/10.1051/shsconf/20185401003 |
| _version_ | 1818446892249382912 |
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| author | Suparto Rahdiansyah |
| author_facet | Suparto Rahdiansyah |
| author_sort | Suparto |
| collection | DOAJ |
| description | Boundary dispute is a new phenomenon that occurred in the era of regional autonomy followed by the expansion of the region. One of them occurred between Kepulauan Riau and Jambi Provinces related to Berhala Island ownership. Settlement of disputes between these two provinces took quite a long time and also caused tensions between two provinces. Actually, the government through the Ministry of Home Affairs has issued a regulation to solve the boundary problem of this area namely the Minister of Home Affairs Regulation No.1 in 2006 and No. 76 in 2012 on Guidelines for Confirmation of the Boundaries, however, is still less effective because although it has been done in such a way the party who feels aggrieved still take another way that is by testing the legislation to the Supreme Court or Mahkamah Konstitusional (Constitutional Court). An example is the boundary dispute between Kepulauan Riau and Jambi Province which was resolved through the examination of legislation to the Supreme Court and the Constitutional Court. In the case, there were 3 decisions, namely Supreme Court Decision No.49P/HUM/2011, Decision of the Constitutional Court No. 32/PUU-X/2012 and the decision of the Constitutional Court No. 62/PUU-X/2012. Based on the research results obtained as follows 1). Implementation of the principle or legal principle of lex posterior derogat lex priori by the Supreme Court 2). The decision of the Supreme Court was taken into consideration in the decision of the Constitutional Court 3). The cause of the territorial boundary disputes between Kepulauan Riau Province and Jambi Province was the synchronization of 3 related laws namely Indonesian Law no. 31 in 2003, Law no. 25 in 2002 and Law no. 54 of 1999. |
| first_indexed | 2024-12-14T19:54:56Z |
| format | Article |
| id | doaj.art-bb6f17036de542c19a0babed8b734df7 |
| institution | Directory Open Access Journal |
| issn | 2261-2424 |
| language | English |
| last_indexed | 2024-12-14T19:54:56Z |
| publishDate | 2018-01-01 |
| publisher | EDP Sciences |
| record_format | Article |
| series | SHS Web of Conferences |
| spelling | doaj.art-bb6f17036de542c19a0babed8b734df72022-12-21T22:49:19ZengEDP SciencesSHS Web of Conferences2261-24242018-01-01540100310.1051/shsconf/20185401003shsconf_icolgas2018_01003The Settlement of Boundary Disputes Through Testing of Legislation in IndonesiaSuparto0Rahdiansyah1Faculty of Law, Universitas Islam RiauFaculty of Law, Universitas Islam RiauBoundary dispute is a new phenomenon that occurred in the era of regional autonomy followed by the expansion of the region. One of them occurred between Kepulauan Riau and Jambi Provinces related to Berhala Island ownership. Settlement of disputes between these two provinces took quite a long time and also caused tensions between two provinces. Actually, the government through the Ministry of Home Affairs has issued a regulation to solve the boundary problem of this area namely the Minister of Home Affairs Regulation No.1 in 2006 and No. 76 in 2012 on Guidelines for Confirmation of the Boundaries, however, is still less effective because although it has been done in such a way the party who feels aggrieved still take another way that is by testing the legislation to the Supreme Court or Mahkamah Konstitusional (Constitutional Court). An example is the boundary dispute between Kepulauan Riau and Jambi Province which was resolved through the examination of legislation to the Supreme Court and the Constitutional Court. In the case, there were 3 decisions, namely Supreme Court Decision No.49P/HUM/2011, Decision of the Constitutional Court No. 32/PUU-X/2012 and the decision of the Constitutional Court No. 62/PUU-X/2012. Based on the research results obtained as follows 1). Implementation of the principle or legal principle of lex posterior derogat lex priori by the Supreme Court 2). The decision of the Supreme Court was taken into consideration in the decision of the Constitutional Court 3). The cause of the territorial boundary disputes between Kepulauan Riau Province and Jambi Province was the synchronization of 3 related laws namely Indonesian Law no. 31 in 2003, Law no. 25 in 2002 and Law no. 54 of 1999.https://doi.org/10.1051/shsconf/20185401003 |
| spellingShingle | Suparto Rahdiansyah The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia SHS Web of Conferences |
| title | The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia |
| title_full | The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia |
| title_fullStr | The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia |
| title_full_unstemmed | The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia |
| title_short | The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia |
| title_sort | settlement of boundary disputes through testing of legislation in indonesia |
| url | https://doi.org/10.1051/shsconf/20185401003 |
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