Abstract
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.
Highlights
The disputes between territorial borders and territorial seizures are a new phenomenon that occurred along with the spreading of the region after the enactment of regional autonomy policy in 1999
One of them occurred between Kepulauan Riau and Jambi Provinces related to Berhala Island ownership
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, is still less effective because 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)
Summary
The disputes between territorial borders and territorial seizures are a new phenomenon that occurred along with the spreading of the region after the enactment of regional autonomy policy in 1999. In some areas with difficult topographic conditions, an ideal regional boundary is difficult to implement This can not be separated from the interests of local governments who tend to defend their territory. One local government can be considered beyond the limits of the authority of another because it assumes its territory This has resulted in potential conflicts between regions and even a political impact on the border area [6]. Jambi Provincial Government did not take it for granted and as the legal step Jambi Provincial Government filed a judicial review of Act No. of 2003 on the Establishment of Lingga District to the Constitutional Court because in the law Berhala Island into Lingga Regency region [10]. In the decision No 62 / PUU-X / 2012 The Constitutional Court granted the petition of the petitioner
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