{
    "success": true,
    "data": {
        "id": 1736784,
        "msgid": "when-the-public-asks-the-constitutional-court-is-indonesias-capital-jakarta-or-ikn-1778662554",
        "date": "2026-05-13 14:42:14",
        "title": "When the Public Asks the Constitutional Court: Is Indonesia's Capital Jakarta or IKN?",
        "author": "Nawir Arsyad Akbar",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "Public confusion over Indonesia's capital status has led to constitutional challenges at the Mahkamah Konstitusi following the enactment of laws on the Nusantara Capital (IKN) and the Special Province of Jakarta (DKJ), which normatively removes Jakarta's capital designation without a presidential decree confirming the move. Petitioners argue that Articles 39 and 41 of the IKN Law create disharmony and violate the 1945 Constitution unless interpreted to maintain Jakarta's status until the transfer is officially decreed, ensuring no constitutional vacuum. Similarly, the ambiguous phrasing in the DKJ Law's transitional article is contested for lacking a clear timeline, potentially undermining legal certainty in the state's structure.",
        "content": "<p>The status of Indonesia\u2019s national capital has become a question\nfollowing the issuance of Law Number 21 of 2023 on the Nusantara Capital\n(IKN) and Law Number 151 of 2024 on the Special Province of Jakarta\n(DKJ). This question has culminated in several lawsuits at the\nConstitutional Court (MK), where individuals have filed material\nexaminations against the IKN Law and the DKJ Law. One such case comes\nfrom Zulkifli, a doctor by profession, who filed a material examination\nof Articles 39 and 41 of the IKN Law in Case Number 71\/PUU-XXIV\/2026.\nHowever, in 2024, the DKJ Law was promulgated, which normatively revokes\nJakarta\u2019s status as the National Capital. Meanwhile, to date, the\nPresidential Decree as required by Articles 39 and 41 of the IKN Law has\nnot been issued. Zulkifli assesses that the validity of the IKN Law and\nthe DKJ Law, which hold equal standing, has created a disharmonious\ncondition because, at the same time, Jakarta is no longer normatively\ndeclared as the capital. \u201cTo declare Articles 39 and 41 of Law Number 3\nof 2022 on the State Capital as amended by Law Number 21 of 2023 to be\ncontrary to the 1945 Constitution of the Republic of Indonesia and to\nhave no binding legal force, unless interpreted as: \u2018Until the\nPresidential Decision on the relocation of the National Capital is\nestablished, Jakarta remains positioned as the National Capital of the\nRepublic of Indonesia to ensure certainty and continuity of the state\nstructure.\u2019 Or to declare Articles 39 and 41 of Law Number 3 of 2022 on\nthe State Capital as amended by Law Number 21 of 2023 as conditionally\nconstitutional, provided it is interpreted as: \u2018There must be no vacancy\nin the constitutional status of the National Capital, and that until the\nconstitutive requirement in the form of the Presidential Decision on the\nrelocation of the National Capital is fulfilled, Jakarta remains valid\nand positioned as the National Capital of the Republic of Indonesia as a\ntransitional arrangement,\u2019\u201d stated Zulkifli\u2019s legal representative, Hadi\nPurnomo, during the hearing of Case Number 71\/PUU-XXIV\/2026 on Thursday\n(26\/2\/2026), quoted from the MKRI YouTube broadcast. Article II of the\nDKJ Law states: \u201cThe Presidential Decision regarding the relocation of\nthe Capital of the Unitary State of the Republic of Indonesia from the\nSpecial Capital Region Province of Jakarta to the Nusantara Capital\nshall be established subsequently.\u201d The phrase \u201csubsequently\u201d in that\narticle is considered multi-interpretable and does not provide a clear\ntime limit regarding the establishment of the capital relocation. Asto\nstates that the phrase \u201csubsequently\u201d in Article II of the DKJ Law is\nmulti-interpretable and does not provide a clear time limit in issuing\nthe Presidential Decree establishing the relocation of the national\ncapital from Jakarta to IKN. \u201cTo declare Article II of Law Number 151 of\n2024 on Amendments to Law Number 2 of 2024 on the Special Province of\nJakarta (State Gazette of the Republic of Indonesia of 2024 Number 399,\nSupplement to the State Gazette of the Republic of Indonesia Number\n7089) to be contrary to the 1945 Constitution of the Republic of\nIndonesia and to have no binding legal force unless interpreted as:\n\u2018This Law shall come into force on the date of its promulgation. The\nPresidential Decision regarding the relocation of the Capital of the\nUnitary State of the Republic of Indonesia from the Special Capital\nRegion Province of Jakarta to the Nusantara Capital shall be established\nbefore the Implementing Regulation as referred to in Article 71 of Law\nNumber 2 of 2024 on the Special Province of Jakarta (State Gazette of\nthe Republic of Indonesia of 2024 Number 76, Supplement to the State\nGazette of the Republic of Indonesia Number 6913) is established,\u2019\u201d\nstated Asto while reading the petitum of Case Number 38\/PUU-XXIV\/2026,\non Thursday (29\/1\/2026).<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/when-the-public-asks-the-constitutional-court-is-indonesias-capital-jakarta-or-ikn-1778662554",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}