Constitutional Court: The Capital Remains Jakarta
The Constitutional Court has rejected the petition for material judicial review of Law Number 3 of 2022 on the Capital City or the IKN Law. This ruling was issued by the Court in case Number 71/PUU-XXIV/2026, dated Tuesday, 12 May 2026.
Constitutional Court Justice Adies Kadir stated that after the Court examined the petitioners’ arguments and evidence in the review of Article 39 paragraph (1) of the IKN Law, Nusantara has been legally and politically established as the Capital City.
“However, the relocation process is still awaiting the President’s Decision,” said Adies while reading the considerations of the ruling, as seen by Tempo in the recording of the Court’s ruling broadcast on Wednesday, 13 May 2026.
Accordingly, Adies continued, as long as the President’s decision on the relocation of the Capital City from Jakarta to IKN has not been established, the capital remains located in Jakarta.
He further stated that the petitioners’ argument regarding Article 2 paragraph (1) of Law Number 2 of 2024, which is deemed inconsistent with the norm of Article 39 paragraph (1) of the IKN Law, thereby creating a vacancy in the status of the Capital City, must be interpreted and read in connection with the norm of Article 73 of Law Number 2 of 2024.
In this case, Article 2 paragraph (1) of Law Number 2 of 2024 states the change of name from the Province of DKI Jakarta to the Special Region of Jakarta Province.
In Article 73 of Law Number 2 of 2024, Adies said, it is stipulated that the provisions of this law shall take effect upon the establishment of the President’s Decision on the relocation of the Capital City from Jakarta to Nusantara by the President.
Based on the aforementioned legal considerations, the Court opines that without interpretation of Article 39 paragraph (1) of the IKN Law, the petitioners’ argument, which essentially states that the norm of Article 39 paragraph (1) of the IKN Law contradicts Article 1 paragraph (3) and Article 28D paragraph (1) of the constitution, is unfounded in law.
“The petition is rejected in its entirety,” said the Chief Justice, Suhartoyo.