Constitutional Court Ruling: National Capital Not Yet Relocated, A 'Second Chance' for Jakarta?

“Rejecting the petitioner’s request in its entirety,” stated Constitutional Court Chief Suhartoyo during the hearing. The petition was based on the assessment that the norms in Article 2, paragraph (1) of Law 2/2024 are not synchronised with the norms in Article 39, paragraph (1) of Law 3/2022. This discrepancy was perceived to potentially create a constitutional vacuum regarding the status of the national capital, raising concerns over the validity of government actions, including the issuance of state decisions, state activities, and the execution of government administration.

Regarding the requirements for the New Capital (IKN) to be legally valid and functional as the national capital, the answer lies in awaiting a Presidential Decree (Keppres). Constitutional Judge Adies Kadir noted that the Court considers the decision regarding the National Capital to become effective and legally binding once the Presidential Decree has been signed. “This means that, in the context of the petition at hand, the timing of the relocation of the national capital to Ibu Kota Nusantara depends on the determination and enforcement of the said presidential decision,” it was reported on Tuesday (12/5).

This decision is viewed by several parties as a second chance for Jakarta. By maintaining its status as the national capital, Jakarta will continue to hold various privileges as it did previously. This sentiment was echoed by the Governor of Jakarta, Pramono Anung, who agreed that Jakarta will retain its capital status until a Presidential Decree is issued. “Regarding the Constitutional Court’s decision that DKI Jakarta remains the capital, I fully understand and am aware that as long as there is no presidential decision for the relocation, the capital remains in DKI Jakarta,” Pramono stated at the Jakarta City Hall on Wednesday (13/5).