Constitutional Court Rejects Judicial Review of the Capital City Law; Expert: Jakarta Remains the Official Capital Until Presidential Decree is Issued
The Constitutional Court (MK) has officially rejected all judicial reviews related to Law Number 3 of 2022 concerning the Capital City (IKN Law). This decision affirms that, constitutionally, Jakarta still holds the status of the Capital City of the Republic of Indonesia until the President issues a Presidential Decree formally transferring the capital.
Fahri Bachmid, an expert in Constitutional Law from the Muslim University of Indonesia, believes that the Presidential Decree is a key instrument that is constitutive in the transition of the capital city’s status.
“Legally, the transfer of the position, function, and role of the capital city from Jakarta to the Capital Nusantara (IKN) only occurs legally when the Presidential Decree is signed by the President. The Presidential Decree is a legal instrument (beschikking) that makes the transfer of status absolutely valid and is a one-time event (einmalig),” said Fahri in Jakarta, Friday (15/5/2026).
Fahri explained that as long as the Presidential Decree has not been issued, Jakarta remains the legitimate capital, even though the IKN Law and the Special Region of Jakarta (DKJ) Law have been enacted. This mechanism is designed to ensure that there is no legal vacuum in the Indonesian state system.
The status of Jakarta as the capital will only be revoked simultaneously when IKN is established operationally through a Presidential Decree. “This is important to guarantee the certainty and continuity of the government structure,” he added.
Fahri emphasized that the issuance of the Presidential Decree is the full authority or prerogative of the President of the Republic of Indonesia. The Presidential Decree is an attributive power instrument that will be issued based on strategic, administrative considerations, and the readiness of infrastructure in IKN itself.
Regarding the concerns of the judicial review petitioners about the disharmony of norms that could potentially create legal uncertainty, the Constitutional Court in its consideration has clarified the interpretation of Article 39 paragraph (1) of the IKN Law. The article states that the position of the capital city remains in Jakarta until the date of the transfer to IKN is determined through a Presidential Decree.
“This means that, legally and politically, IKN has indeed been established as the Capital City, but the process of transferring its function de jure is still awaiting the President’s official decision,” explained Fahri. (H-2)