Astro Alfa Liecharlie (Petitioner) explaining the revisions to the petition on the State Capital Law, Monday (11/3/2025). Photo by MKRI/Ilham W.M.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing on the material judicial review of Law No. 3 of 2022 on the State Capital, Law No. 21 of 2023 amending Law No. 3 of 2022, Law No. 7 of 2002 on the Establishment of Penajam Paser Utara Regency, Law No. 47 of 1999 on the Establishment of Kutai Kartanegara Regency, Law No. 2 of 2024 on the Special Province of Jakarta, and Law No. 151 of 2024 amending Law No. 2 of 2024 on the Special Province of Jakarta (DKJ Law). This second hearing for case No. 187/PUU-XXIII/2025, filed by Astro Alfa Liecharlie, took place in a panel courtroom on Monday, November 4, 2025.

At this petition revision hearing, the Petitioner stated that he had revised his petition by removing two of the laws previously challenged—Law No. 7 of 2002 on the Penajam Paser Utara Regency and Law No. 47 of 1999 concerning the Kutai Kartanegara Regency. This revision was made after he received advice from the panel of justices, who stated that he had lacked legal standing to challenge those two laws.

“As a result, only four laws remain under review: Law No. 3 of 2022, Law No. 21 of 2023, Law No. 2 of 2024, and Law No. 151 of 2024. The Petitioner has also obtained information that the IKN Authority has coordinated sufficiently well with the local government; therefore, the law related to those provisions no longer needs to be reviewed within this judicial forum,” he said before Constitutional Justices Arief Hidayat (panel chair), Enny Nurbaningsih, and Ridwan Mansyur.

He had also revised the reason behind the petition on the relocation of the state capital during the transitional period. He argued that both capitals—IKN and Jakarta—should continue to perform their respective roles as the state capitals during the transition. The next revision concerned the reduction of petitums, from 27 to 20.

He challenges Article 4 paragraph (2), Article 27, Article 39, Article 40 paragraph (1) letter b, Article 41 paragraph (3), and the Elucidation to Law No. 3 of 2022 on the State Capital; Article 6 paragraph (2) and paragraph (3) letter b, the Elucidation, and the Appendix to Law No. 21 of 2023 on the Amendment to Law No. 3 of 2022 on the State Capital; Articles 63, 65, and 73 of Law No. 2 of 2024 on the Province of the Special Region of Jakarta; and Article II of Law No. 151 of 2024 on the Amendment to Law No. 2 of 2024 on the Province of the Special Region of Jakarta.

Also read: Petitioner Requests Immediate Execution of Capital Relocation

At the preliminary hearing on Tuesday, October 21, the Petitioner argued that these provisions require a presidential decree to formally initiate the relocation of the national capital from the Special Capital Region of Jakarta to Nusantara and to commence the administration of the IKN Special Regional Government, as well as the implementation of the DKJ Law. He insisted that this requirement delays the special status of the provincial level intended for both Jakarta and Nusantara and hinders the execution of the IKN and DKJ Laws—measures deemed beneficial not only for Indonesia generally but also for their respective special agglomeration areas.

He contended that to enable the gradual relocation of national institutions, Nusantara should have automatically assumed the status, functions, and role of the national capital upon enactment of the IKN Law, without the need for a presidential decree. The same applies to the Nusantara Special Regional Government, which should begin operating immediately, given that the IKN Authority (OIKN) is already empowered by Article 5 paragraph (6) of the IKN Law to issue regulations for governing the new capital.

He further noted that Article 66 of the DKJ Law already provides that government agencies or organizations unable to relocate may remain temporarily in Jakarta. Therefore, he argued, the transition to Nusantara as the capital could proceed at once without awaiting a presidential decree. Jakarta, he said, could temporarily retain its capital functions alongside Nusantara until the transition period formally concludes—at which point a decree would be needed only to terminate Jakarta’s capital status.

Based on these arguments, the Petitioners submitted twenty petitums (requests), one of which asks the Court to declare Article 4 paragraph (2) of Law No. 3 of 2022 unconstitutional and not legally binding insofar as it is not interpreted to mean: “The termination of the status, functions, and role of the Capital City in the Province of the Special Region of Jakarta shall be determined by a Presidential Decree.”

Follow the case here.

Author         : Sri Pujianti
Editor          : N. Rosi
PR               : Fauzan F.
Translators   : Yuniar Widiastuti, Rizky Kurnia C. (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

---