Fahri Bachmid Emphasizes that Jakarta is Still the Legal Capital, Presidential Decree is Constitutional for IKN

Expert in State Law at the University of Muslim Indonesia, Dr. Fahri Bachmid (Ist))

JAKARTA - The Constitutional Court (MK) rejected all requests for a material test of Law Number 3 of 2022 concerning the State Capital (UU IKN) as amended by Law Number 21 of 2023. The decision was read at the hearing for the pronouncement of the verdict on Case Number 71/PUU-XXIV/2026 on Tuesday, May 12.

Expert in State Law at the University of Muslim Indonesia, Dr. Fahri Bachmid, assessed that the Constitutional Court's decision confirmed that the Presidential Decree (Keppres) is the main legal instrument in the process of moving the national capital from Jakarta to the Nusantara Capital City (IKN).

According to Fahri, the transfer of the position, function, and role of the capital legally only occurred after the President issued a Presidential Decree regarding the relocation of the national capital.

"The presidential decree on the relocation of the capital is a crucial legal instrument. This means that the legal action of the decree that makes the status change from Jakarta to IKN absolutely valid and valid once it is completed," said Fahri in his statement, Friday, May 15.

He explained that as long as the Presidential Decree had not been issued, Jakarta would remain constitutionally the capital of the country, even though the IKN Law and the Special District of Jakarta (DKJ) Law had been passed.

According to Fahri, the Presidential Decree mechanism is designed to ensure that there is no legal vacuum in the process of transitioning the status of the capital city.

"The status of Jakarta as the capital city was revoked simultaneously with the entry into force of IKN as the capital city of the country," he said.

Fahri assessed that the issuance of the Presidential Decree was the full authority of the President as part of the attributive authority in running the government.

He said the decision would later consider the readiness of infrastructure, administrative aspects, and other strategic considerations at IKN.

Furthermore, Fahri highlighted the substance of the applicant's application which questioned the potential for the norms related to the status of the capital of the country to be out of sync.

According to him, the Constitutional Court in its ruling has given a clear interpretation of Article 39 paragraph (1) of the IKN Law.

The article states that the position, function, and role of the national capital remain in the Special Capital Region of Jakarta Province until the transfer of the national capital to IKN is determined by Presidential Decree.

Fahri emphasized that the norm was a legal basis that ensured the process of moving the capital was carried out constitutionally and measured.

"Legally and politically, the Nusantara Capital has been designated as the capital of the country, but the process of relocation is still awaiting a Presidential Decree," he said.

He also assessed that the Constitutional Court had emphasized the aspect of the time of the relocation of the national capital as stipulated in the Law on the Formation of Regulations.

According to Fahri, the Court considers that a regulation comes into force and has binding legal force since it was enacted, unless otherwise specified in the regulation.

Therefore, he said, the status of the relocation of the national capital is effectively still dependent on the issuance of the Presidential Decree on the relocation of the capital from Jakarta to IKN.