PKB Welcomes MK's Affirmation that Jakarta Remains Indonesia's Capital: No Legal Vacuum
The Constitutional Court (MK) has decided that the Special Capital Region of Jakarta Province remains Indonesia’s capital, not the Capital City of Nusantara (IKN). Deputy Chairman of Commission V of the House of Representatives Syaiful Huda welcomed the decision warmly.
“We welcome the Constitutional Court’s (MK) ruling, which affirms there is no legal vacuum regarding the status of the capital city, where the Special Capital Region of Jakarta remains the capital of the state even though Law No. 3/2022 has been enacted, designating the Capital City of Nusantara (IKN) as Indonesia’s new capital,” Huda told reporters on Thursday (14/5/2026).
This Deputy Secretary General of the National Awakening Party (PKB) central board stated that a law gains binding legal force after promulgation and recording in the state gazette. However, in certain contexts involving changes to a region’s legal status or capital relocation, its applicability requires additional constitutive conditions.
“In the case of relocating the Capital City of the State, the new law’s legal effectiveness depends entirely on the issuance of a specific Presidential Decree (Keppres) on the matter,” Huda said.
Based on reports from the Head of the IKN Authority Basuki Hadimuljono, he explained, the first phase of IKN development, namely the executive institutions/area, was completed by April 2026. Currently, the second phase of IKN development is underway, completing infrastructure facilities for judicial and legislative institution areas.
“If viewed from the target for the legislative and judicial areas, this will be completed in 2030,” Huda added.
Huda hopes that IKN infrastructure development will be completed according to the initial targets. Nevertheless, current global dynamics are pushing Indonesia to implement major efficiencies, which will affect IKN development progress.
“We hope all parties can understand if the government redirects budget priorities to more urgent needs, such as maintaining economic growth, ensuring rupiah exchange rate stability, and protecting vulnerable groups with various social assistance,” he explained.
MK Affirms Jakarta Remains Indonesia’s Capital
It is known that the MK rejected the material judicial review petition against Law No. 3 of 2022 on the Capital City of the State or the IKN Law. With that decision, DKI Jakarta remains Indonesia’s Capital City of the State.
The decision to reject the material judicial review of the IKN Law was announced by the MK in the verdict pronouncement session No. 71/PUU-XXIV/2026 held on Tuesday (12/5). The session was chaired directly by MK Chief Justice Suhartoyo.
In their petition, the petitioners assessed that the norm in Article 2 paragraph (1) of Law No. 2 of 2024 is not in sync with the norm in Article 39 paragraph (1) of Law No. 3 of 2022. This is considered to create a constitutional vacuum in the capital city’s status, which implies the validity of government actions, including the issuance of decisions and state administration implementation.
“Rejecting the petitioners’ request in its entirety,” said MK Chief Justice Suhartoyo in the session.
According to the Court’s opinion, the interpretation of the norm in Article 2 paragraph (1) of Law No. 2 of 2024 in question must be read and understood in connection with the norm in Article 73 of Law No. 2 of 2024. The MK explained that the binding and applicable force of the substance of the capital city relocation begins when a Presidential Decree (Keppres) on the relocation of the Capital City of the Unitary Republic of Indonesia from the Special Capital Region of Jakarta Province to the Capital City of Nusantara is issued by the President.
Constitutional Justice Adies Kadir stated that relocating the capital city from Jakarta to IKN requires a legal basis in the form of a Presidential Decree. The MK assessed that if that Keppres has been signed, then the decision regarding the new Capital City of the State can begin to apply and have binding legal force.