Constitutional Court States Jakarta Remains Capital; Nusantara Authority: Construction Continues
The Nusantara Capital Authority (OIKN) has affirmed that the Constitutional Court’s decision No. 71/PUU-XXIV/2026, which states that the status of the capital city remains in Jakarta, will not affect the progress of the Nusantara development. The Special Staff of the Head of the OIKN for Public Communication, Troy Harrold Pantouw, stated that the OIKN respects all constitutional processes taking place in the Constitutional Court as part of the democratic and legal mechanisms in Indonesia.
“Currently, the construction of IKN continues according to the stages that have been set by the government,” said Troy in a written statement, quoted on Friday, May 15, 2026.
Troy claims that the construction of basic infrastructure, government areas, business ecosystems, and public services in Nusantara, which is an ambitious project inherited from former President Joko Widodo, shows positive and consistent progress. For the OIKN, the Constitutional Court’s decision further clarifies that the transfer of the capital city from Jakarta to Nusantara will be effective after the issuance of a presidential decree, as mandated in the legislation.
“We invite all parties to continue maintaining optimism, stability, and public trust in the development of IKN,” said Troy.
Previously, the Constitutional Court rejected the petition for a judicial review of Law No. 3 of 2022 concerning the Capital City. In its consideration, the Court carefully reviewed the petitioner’s arguments and evidence submitted in the judicial review of Article 39 paragraph (1) of the IKN Law.
According to the Court, Nusantara has been legally and politically established as the capital city. However, the transfer process is still awaiting a presidential decision. Therefore, as long as the presidential decision regarding the transfer of the capital city from Jakarta to IKN has not been issued, “then, the capital city remains in Jakarta,” said Constitutional Court Judge Adies Kadir.
Furthermore, he said, the petitioner’s argument regarding Article 2 paragraph (1) of Law No. 2 of 2024, which is considered inconsistent with the norm of Article 39 paragraph (1) of the IKN Law, thus creating a state of legal uncertainty regarding the status of the Capital City, must be interpreted and read in relation to the norm of Article 73 of Law No. 2 of 2024.
In Article 73 of Law No. 2 of 2024, Adies said, it is stated that the provisions of this Law will come into effect when a Presidential Decree is issued regarding the transfer of the Capital City from Jakarta to Nusantara by the President.
A member of Commission II of the DPR, Romy Soekarno, hopes that the public will not interpret the Constitutional Court’s decision regarding the determination of the status of the capital city for Jakarta as a form of halting the construction of the Nusantara Capital City project.
He said that the decision actually provides an important affirmation that, legally and constitutionally, the status of the capital city is still held by Jakarta until the issuance of a presidential decree.
“Don’t misunderstand it as if the construction of IKN will stop. Construction can still continue,” said Romy via WhatsApp message, Thursday, May 14, 2026.