Constitutional law expert, Fahri Bachmid, believes that a\nPresidential Decree serves as the instrument and final requirement for\nthe legal completion and the key constitutive element of the transition\nof the capital city\u2019s status.<\/p>\n
Based on the Constitutional Court\u2019s (MK) decision, the relocation of\nthe capital city\u2019s position, function, and role from Jakarta to the\nNusantara Capital (IKN) is legally valid only when the Presidential\nDecree is signed by the president.<\/p>\n
\u201cAs long as the Presidential Decree has not been established and\nimplemented, Jakarta constitutionally remains the Capital City of the\nRepublic of Indonesia, even though the IKN Law and the Jakarta Special\nRegion (DKJ) Law have been ratified. The institutionalisation of the\nPresidential Decree mechanism is designed to ensure that there is no\nlegal vacuum, where the status of Jakarta as the capital is revoked\nsimultaneously with IKN being formally established as the capital,\u201d said\nFahri Bachmid in a statement on Friday, May 15, 2026.<\/p>\n
Fahri Bachmid added that the issuance of the Presidential Decree is\nthe full authority of President Prabowo Subianto.<\/p>\n
The Presidential Decree, he continued, is a legitimate instrument of\npresidential authority to carry out government duties, which will be\nissued based on strategic, administrative, and infrastructure readiness\nconsiderations in IKN itself.<\/p>\n
Fahri argues that the substance of the petition submitted by the\nPetitioner in case number 71\/PUU-XXIV\/2026, with the argument that the\ninconsistency creates a situation where one norm explicitly and\nconsistently establishes the capital city of the Republic of Indonesia\nat this time.<\/p>\n
\u201cAs a result, in addition to causing different interpretations, it\nalso potentially creates a vacuum regarding the constitutional status of\nthe capital city in the national legal system, which has a direct impact\non the validity of government actions, including the validity in the\nissuance of state decisions, the organisation of state affairs, and the\nimplementation of government administration,\u201d he said.<\/p>\n
Fahri believes that the norm in question is the legal basis and\nframework for the relocation of the Capital City from the Special\nCapital Region Province of Jakarta to the Nusantara Capital, which is\nmarked by the issuance of a Presidential Decree regarding the\nrelocation.<\/p>\n
In other words, legally and politically, the Nusantara Capital has\nbeen established as the Capital City, but the relocation process is\nstill awaiting a Presidential Decree.<\/p>\n
On the other hand, he emphasised that the MK has affirmed the aspect\nof time. If placed in the context of the relocation of the capital city,\nin Law 2\/2024 in conjunction with Law 151\/2024, there are provisions\nregarding the time for the relocation of the Capital City of the\nRepublic of Indonesia.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/expert-jakarta-remains-the-nations-capital-constitutionally-1780588625", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }