JAKARTA - UNS constitutional law expert Agus Riewanto revealed that the Constitutional Court (MK) ruling should provide a concrete solution regarding the relocation of the national capital from Jakarta to the Nusantara Capital City (IKN).
"The Constitutional Court is actually expected not only to decide on the case normatively, but also to present constitutional solutions that provide legal certainty," he said, Sunday, May 17.
According to him, the Constitutional Court can actually take advantage of the momentum of testing the IKN Law and the Special District Law of Jakarta (DKJ) to provide a clear deadline for the president regarding the issuance of the Presidential Decree (Keppres) on the relocation of the capital.
"It could be that the Constitutional Court actually took this momentum to make a decision that would provide more alternative solutions. For example, the Constitutional Court did reject or accept part of the plaintiffs' lawsuit that tested the provisions of the IKN law and the DKI law, for example by giving a limit to the president, that the relocation of the capital from DKI to IKN still takes place until the president issues a Presidential Decree, but the Presidential Decree will later be a Presidential Decree whose limitations are clear," said Agus.
He assessed that the time limit would provide legal certainty as well as economic certainty for the development of IKN. With the ruling No. 71 of 2026, continued Agus, the Constitutional Court gave the president a very large authority in determining the time for the relocation of the national capital.
"So, we hope now, the hope is only on the president. The question is whether the president will issue a presidential decree for the relocation," he continued.
He emphasized that the president's decision to issue the presidential decree would later be greatly influenced by the political and economic situation in the country. On the other hand, the uncertainty of the time of the capital's relocation has the potential to affect the investment climate for the development of IKN.
Investors are said to be able to choose to wait if the certainty of the capital city transfer is not really clear.
"If the political and economic situation is an obstacle to issuing the Presidential Decree, there is a fairly serious economic impact in the development of IKN because the uncertainty of the relocation of IKN, the relocation of the capital from DKI to IKN will have an impact on investor uncertainty yes to invest capital in the development of IKN," he said.
Agus added that the construction of IKN could not rely solely on the state budget, so the involvement of private investors was an important factor. Unfortunately, the uncertainty of the time of issuance of the Presidential Decree can affect investor confidence in the IKN development project.
"Well, if the uncertainty of the capital city's relocation occurs because this MK decision gives the president a blank check to issue it anytime without limitation, it will have an impact on investors who are not sufficiently confident to participate in investing in the development of IKN," said Agus.
As is known, the Constitutional Court has rejected the application for a test of the substance of Law Number 3 of 2022 concerning the State Capital (UU IKN). Through Decision No. 71/PUU-XXIV/2026, the Constitutional Court confirmed that Jakarta still has the status of the capital of Indonesia, because there has been no presidential decision (keppres) regarding the relocation of the capital to the Nusantara Capital (IKN).
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