Expert in State Administration Law Says Jakarta is the Legal Capital of the Republic of Indonesia Until the IKN Presidential Decree is Issued

JAKARTA - Legal expert on state governance from the University of Muslim Indonesia Fahri Bachmid said that Jakarta is still the legal capital of the Republic of Indonesia until the Presidential Decree (Keppres) on the relocation to the Nusantara Capital City (IKN) is issued.

Because, he said, the presidential decree is a tool and condition for finalization and the key to the constitutional transition of the capital status in a legal sense.

"The presidential decree on the relocation of the capital city is a crucial legal instrument, which means that the hukumbeschikking action that makes the status change from Jakarta to IKN absolutely valid and valid once it is completed (einmalig)," said Fahri in a statement received by the editor in Jakarta, Saturday.

As long as the presidential decree has not been determined and enforced, he continued, Jakarta constitutionally remains the Capital of the Republic of Indonesia, even though the Law on the Capital of the State (IKN) and the Special District Law of Jakarta (DKJ) have been enacted.

It was explained that the institutionalization of the presidential decree mechanism was designed to ensure that there was no legal vacuum, where Jakarta's status as the capital was revoked simultaneously with the IKN which had been designated as the capital.

Fahri said the issuance of the presidential decree was the full authority of the president to carry out government duties which would be issued based on strategic, administrative, and infrastructure readiness considerations at the IKN.

The Constitutional Court rejected the entire material test of Law Number 3 of 2022 concerning the Capital of the State as amended by Law Number 21 of 2023. The reading of the verdict Number 71/PUU-XXIV/2026 was held in Jakarta, Tuesday (12/5).

Based on the Constitutional Court's decision, the transfer of the position, function, and role of the capital from Jakarta to IKN legally only occurred when the presidential decree was signed by the president.

Fahri emphasized that in its decision, the Court had in principle interpreted the issues raised, namely whether the norm of Article 39 paragraph (1) of Law 3/2022 concerning IKN is contrary to Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution conditionally as long as it is not interpreted as the petitioner's petitum formulation.

The Petitum is intended, namely "As long as the presidential decision on the relocation of the capital has not been determined, Jakarta will remain the capital of the country to ensure certainty and continuity of the constitutional structure".

In that regard, the norm of Article 39 paragraph (1) of Law 3/2022 states, "The status, functions, and roles of the Capital of the State remain in the Special Capital Region Province of Jakarta until the date of the establishment of the relocation of the Capital of the State from the Special Capital Region Province of Jakarta to the Nusantara Capital with the presidential decree".

He said that the norm in question was the legal basis and mechanism for the relocation of the national capital from the Special Region of Jakarta Province to the Nusantara Capital, which was marked by the establishment of the presidential decree, which concerned the relocation.

"This means that legally and politically, the Nusantara Capital has been designated as the capital of the country, but the relocation process is still awaiting the president's decision," he said.