JAKARTA: The Constitutional Court has reaffirmed Jakarta remains the country’s capital until a decree is issued to formally transfer its status to Nusantara in East Kalimantan, further raising questions over the project’s slowed down development under President Prabowo Subianto ’s administration.
At a hearing on Tuesday (May 12), Constitutional Court justices rejected a judicial review petition against the 2022 Nusantara Capital City (IKN) Law that argued the regulation as well as the 2024 Jakarta Special Region Law had created legal uncertainty over Jakarta’s constitutional status as the nation’s capital.
Chief Justice Suhartoyo said the petition was entirely rejected following deliberations by all nine constitutional justices.
The petitioner, identified only as a doctor named Zulkifli, argued that Article 39 of the IKN Law stipulating Jakarta maintaining the capital status until the issuance of a presidential decree was inconsistent with Article 2 of the 2024 Jakarta Law, which changes the city’s designation from “Special Capital Region” to “Special Jakarta Region”.
In their consideration, the justices said the first paragraph of Article 39 clearly stipulated the position, function and role of the capital would remain in Jakarta until the issuance of a presidential decree to transfer the capital status to Nusantara.
The court also said Article 2 of the 2024 law must be interpreted together with its Article 73, which states the law only comes into effect once the sitting president issues a decree on the capital’s transfer.
Based on those considerations, the court concluded there is no constitutional vacuum regarding the nation’s capital, with Jakarta continuing to function as the government’s place of decision-making until a decree of transfer is issued.
“As long as the presidential decree regarding the transfer of the capital from Jakarta to IKN has not been determined, the nation’s capital will still remain in Jakarta,” Justice Adies Kadir read the ruling at Tuesday’s livestreamed hearing.
Jakarta Governor Pramono Anung welcomed the ruling, emphasising that the Jakarta administration still officially uses the designation “DKI Jakarta” (Special Capital Region of Jakarta) rather than “DKJ” (Special Jakarta Region) because the capital transfer has not legally taken place.
“To this day, all activities in Jakarta continue to use the DKI designation until a presidential decree is issued to relocate the capital. The Constitutional Court’s ruling serves as a confirmation of this,” Pramono said on Wednesday, as quoted by Antara.
The ruling came four years after the megaproject to build a new capital was launched by former president Joko “Jokowi” Widodo. The project was intended to move the central government from Jakarta that is facing several problems, such as overcrowding, land subsidence and traffic congestion.
But Nusantra’s development has seen slowing momentum under Prabowo, with various infrastructure projects facing delays. The project also saw its budget slashed and redirected for other Prabowo’s flagship programs, such as the free nutritious meal rollout and Red and White cooperatives.
Prabowo’s administration has since insisted Nusantara remains a long-term strategic project, with the government targeting to make the city Indonesia’s “political capital” by 2028, where legislative and judicial activities can take place.
Constitutional law expert Yance Arizona of Yogyakarta-based Gadjah Mada University (UGM) applauded Tuesday’s ruling as “appropriate” and suggested the nonexistent presidential decree from Prabowo to this day showed the President’s priority does not lie in the capital.
“The President appeared to have little urgency to immediately relocate the capital, while the project remained in the preparation and construction stages,” Yance said.
State Secretary Prasetyo Hadi and Government Communications Agency (GCA) head Muhammad Qodari did not immediately respond to The Jakarta Post’s request for comments.
Responding to the ruling, Democratic Party secretary-general Herman Khaeron insisted Nusantara is already the country’s capital, but acknowledging Jakarta still legally retains the status with no decree of transfer has been issued.
The Democrats, a member of Prabowo’s ruling coalition, were among political parties pressing the President to show commitment to the megaproject by starting to utilize infrastructure already built in the new city.
“The relocation of the capital city itself [through a presidential decree] is only waiting until the development of supporting infrastructures in IKN is complete,” Herman told the Post on Thursday.
