Reasons Behind MK's Decision to Keep Indonesia's Capital in Jakarta
REPUBLIKA.CO.ID, JAKARTA – The Constitutional Court (MK) has decided that the capital of the Republic of Indonesia remains in Jakarta. This follows the absence of a Presidential Decree concerning the relocation of the National Capital.
The MK conveyed this after rejecting the material review of Law Number 3 of 2022 on the National Capital as amended by Law Number 21 of 2023 (IKN Law) in the Verdict Pronouncement Hearing Number 71/PUU-XXIV/2026.
Initially, according to the petitioners, the norm in Article 2 paragraph (1) of Law 2/2024 is not in sync with the norm in Article 39 paragraph (1) of Law 3/2022, thereby creating a constitutional vacuum regarding the status of the national capital.
This condition has implications for the validity of government actions, including the issuance of state administration decisions, state administration activities, and the implementation of government administration.
However, in its legal considerations, the MK explained that in interpreting the norm of Article 2 paragraph (1) of Law 2/2024 in question, it must be read and understood in conjunction with the norm of Article 73 of Law 2/2024.
Thus, the meaning of “effective” in Article 73 of Law 2/2024 is when there is already a Presidential Decision regarding the relocation of the Capital of the Unitary Republic of Indonesia from the Special Capital Region of Jakarta to the Nusantara Capital.
“In the context of the petition in question, the effective time for relocating the national capital to the Nusantara Capital depends on the establishment and implementation of the aforementioned presidential decision,” said Constitutional Justice Adies Kadir, quoted on Wednesday (13/5/2026).
In its legal considerations, the MK explained that there are provisions regarding the timing of the IKN relocation depending on when the Presidential Decision is established regarding the relocation of the IKN from Jakarta to IKN.
Based on Article 87 of Law Number 12 of 2011 on the Formation of Legislation, it is stated that legislation comes into effect and has binding force on the date of promulgation, unless otherwise specified in the relevant legislation.
“Without interpretation of Article 39 paragraph (1) of Law 2/2024 as requested by the Petitioner, the position, function, and role of the National Capital remain in the Special Capital Region of Jakarta until the presidential decision is established regarding the relocation of the Capital of the Unitary Republic of Indonesia from the Special Capital Region of Jakarta to the Nusantara Capital,” Adies stated.