IKN Law Only 43 Days, Law Experts Value Government Increasingly Underestimating Regulatory Preparation

Constitutional law expert, Bivitri Susanti/ Antara

JAKARTA - The speed of discussion of the Draft Law on the National Capital City (RUU IKN) to become the IKN Law within 43 days was criticized. Constitutional law expert, Bivitri Susanti, believes that the government and DPR RI are increasingly taking the process of drafting regulations lightly.

The rush to discuss the law, said Bivitri, has been observed since two years ago, starting from the revision of the KPK Law, the Job Creation Law, the Constitutional Court Law, to the Minerba Law.

"Since two years ago, since we moved together for Corruption Reform, we are increasingly feeling that it is normal to have a hasty legislative process. I'm afraid this is becoming more and more commonplace," said Bivitri in a virtual discussion on Youtube Friends of ICW , Friday, January 21.

It is true that the idea of moving the nation's capital has existed since the time of President Soekarno. However, according to Bivitri, the discussion process itself cannot be minimized by rushing time.

He said, Law Number 12 of 2011 concerning the Formation of Legislations mandates that the process of drafting this regulation must include clarity of formulation and public participation.

"In its decision, the Constitutional Court translated that this participation is not just participation, but must be meaningful. Do not let the arrival and approval of the experts be considered as participation and do not let the quantity of discussion on campus also be called participation. That is not what our constitution wants," said Bivitri. As is known, the project to move the national capital from Jakarta to Penajam Paser Utara, East Kalimantan, entered a new phase after the enactment of the Draft Law on the State Capital (RUU IKN) to become the IKN Law in the plenary meeting of the DPR RI, Tuesday, January 18th.

The discussion of this law was fairly fast because it only took 43 days, starting from December 7, 2021 until it was ratified on January 18, 2022.

The IKN Law consists of 11 chapters and 44 articles that contain all matters related to the relocation of the capital city. A number of important points in the IKN Law include the naming of the capital city into Nusantara which is contained in Article 1 number 2 of the IKN Law.

Then, IKN Nusantara will be built in Penajam Paser Utara, East Kalimantan, or PPU Kaltim. Article 6 of the IKN Law further regulates the coverage of the IKN area covering a land area of 256,142 hectares and an area of marine waters with an area of 68,189 hectares.

The new national capital will later be formed by a special regional government (Pemdasus) called the IKN Authority. The government is at the provincial level.

With the enactment of the IKN Law, an institution called the IKN Authority will be formed later. This is a ministry-level institution that organizes regional government specifically for IKN Nusantara.

The IKN Nusantara Authority is led by the Head of the IKN Nusantara Authority assisted by a Deputy Head of the Authority. The position is at the ministerial level who is appointed, appointed, and dismissed directly by the president after consulting with the DPR.