DPR Member: Capital Relocation Must Have Clear Constitutional Legitimacy
JAKARTA - Member of the DPR’s Commission II, Indrajaya, explained that the relocation of the state capital from Jakarta to the Nusantara Capital (IKN) must have clear constitutional legitimacy.
In Constitutional Court (MK) Decision Number 71/PUU-XXIV/2026, it is emphasised that Jakarta remains the state capital until the presidential decree (Keppres) regarding its relocation to IKN is issued.
“The MK decision must serve as the final reference in ensuring that all national strategic policies proceed based on legal certainty, not merely political will. This is an affirmation that every stage of the capital relocation must have clear constitutional legitimacy,” said Indrajaya in his statement, quoted on Friday (15/5/2026).
In the process, the effectiveness of governance, constitutional legitimacy, readiness of state apparatus, and budget usage must be ensured.
“The capital relocation is a major national agenda that must be prepared thoroughly and comprehensively. It is not enough to just build buildings and facilities, but also to ensure that all aspects of government governance are ready to be implemented effectively,” said Indrajaya.
According to him, Prabowo has strategic, administrative, and constitutional considerations in issuing the decree.
“If the Keppres has not been issued until now, it means there are still several important matters that must be prepared thoroughly, because the relocation of the state capital is not a simple matter,” said Indrajaya.
This emphasis was conveyed in Decision Number 71/PUU-XXIV/2026, which rejected in its entirety the material examination of Law Number 3 of 2022 on IKN on Tuesday (12/5/2026).
“Rejecting the applicant’s request in its entirety,” said MK Chief Justice Suhartoyo while reading Decision Number 71/PUU-XXIV/2026 on Tuesday.
“This Law shall come into force on the date of the issuance of the Presidential Decision regarding the relocation of the Capital of the Unitary Republic of Indonesia from the Special Capital Region of Jakarta Province to the Nusantara Capital,” states Article 73 of the IKN Law.
MK Justice Adies Kadir stated that the meaning of “in force” in Article 73 of Law 3/2022 binds the substance/material of the norm for relocating the state capital when the Keppres on relocating the state capital from Jakarta to the Nusantara Capital (IKN) is issued by the President.
This status applies as long as the Presidential Decision (Keppres) on relocating the state capital from Jakarta to IKN has not been issued.
“Thus, the applicant’s argument which essentially states that the norm of Article 39 paragraph (1) of Law 3/2022 contradicts Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia is legally unfounded,” he added.