JAKARTA - The Constitutional Court (MK) has confirmed that the status of the capital city of the country is still in Jakarta because there has been no presidential decision (keppres) regarding the relocation of the capital city to the Nusantara Capital City (IKN).
The affirmation was conveyed by the Constitutional Court in the ruling on the trial of Law Number 151 of 2024 concerning Amendments to Law Number 2 of 2024 concerning the Special Regional Province of Jakarta (DKJ).
In the ruling Number 38/PUU-XXIV/2026 read by Deputy Chairman of the Constitutional Court Saldi Isra, the Constitutional Court rejected the request for a material test submitted by Astro Alfa Liecharlie and Fetrus regarding the rules for moving the capital of the country.
The Constitutional Court assessed that the applicants' request for a deadline for the relocation of the capital city could potentially make the process of building IKN carried out in a hurry and not optimally.
"Within the limits of reasonable reasoning, such a petitum according to the Court will actually distance itself from the principles of usefulness, justice, and fair legal certainty," explained Saldi Isra as quoted from the MK's official website, Tuesday, May 12.
According to the Constitutional Court, the relocation of the national capital is a major policy that has a wide impact on various aspects of state life, ranging from politics, law, economy, society, culture, environment, to defense and security.
Therefore, the Court considers that the government needs time and thorough preparation before the process of moving the capital is fully carried out.
The Constitutional Court also emphasized that the phrase "then" in Article II of Law Number 151 of 2024 is not multi-interpretable as suggested by the applicants.
In its consideration, the Constitutional Court stated that the provision regarding the two-year time limit in Article 71 of the Regional Head Law is related to the issuance of implementing regulations of laws, not the deadline for the relocation of the national capital.
"In fact, the phrase 'set for a maximum of 2 (two) years' by Article 71 of Law 2/2024 is the implementation of the implementing regulation of Law 2/2024, not the time for the relocation of the Capital of the Unitary State of the Republic of Indonesia," said Saldi.
However, the Constitutional Court considered that the evidence was not justified according to the law so that the application was rejected in its entirety.
This decision is an important affirmation in the midst of the ongoing IKN development process. The existence of the presidential decree is considered the main administrative basis before the relocation of the center of government from Jakarta to Nusantara can be carried out in full.
With this ruling, the Constitutional Court also clarified that Jakarta still has the status as the legal capital of the country until the presidential decision on the relocation of the capital to IKN Nusantara is issued.
Previously, the applicants considered the word "then" in the norm of the Law on the Capital City to be uncertain because it did not provide a clear time limit for the issuance of the Presidential Decree on the relocation of the capital city.
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