Petitioner attending the preliminary hearing of Case No. 228/PUU-XXIII/2025, Wednesday (3/12). Photo by MKRI/Bay.

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Jakarta (MKRI) – The Constitutional Court held a preliminary hearing on the material judicial review of Law No. 3 of 2022 on the State’s Capital City (IKN Law) and Law No. 21 of 2023 on the Amendment to Law No. 3 of 2022 on the State’s Capital City, Law No, 2 of 2024 on Jakarta Special Region Province (DKJ Law) and Law No. 151 of 2025  on the Amendment to Law No. 2 of 2024 on Jakarta Special Region Province (DKJ Law), and Law No. 7 of 2017 on General Elections, as well as Law No. 7 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2022 on the Amendment to Law No. 7 of 2017 on General Elections to Law (General Election Law).

The preliminary examination hearing of Petition No. 228/PUU-XXIII/2025 was led by Justice Arif Hidayat on Wednesday, December 3, 2025. Petitioner Astro Alfa Liecharlie or Astro Li mentioned that an urgent matter that needs to be addressed is the formation of the Jakarta Agglomeration Council and the Provincial Government of DKJ. This is necessary so that this body can immediately begin working under the new governance structure, enabling the community and relevant institutions to promptly relocate from Jakarta to Nusantara.

“The law simultaneously delays the status, role, and function of the capital city in the archipelago, and delays the formation of an agglomeration council. The constitutional loss suffered by the Petitioner is having to deal with traffic jams, flooding, and everything else that piles up in Jakarta,” Astro Li said.

According to the Petitioner, the relocation of the national capital to Nusantara should begin immediately without waiting for a Presidential Decree. The position, function, and role of the national capital can begin in Nusantara without immediately discontinuing the position, function, and role of the national capital in Jakarta. For the time being, Jakarta will remain the national capital alongside Nusantara (national co-capitals).

When the transition period ends and Jakarta must officially retire as the national capital, a Presidential Decree is required to terminate Jakarta's position, functions, and role as the national capital. The implementation of two or more national capitals has been and is being carried out by countries that are gradually relocating their capitals. This can be done by moving some institutions to the new national capital first, while other institutions remain in the old national capital or temporary capital, as in the case of the United States.

Contradiction with the Constitution

In response to this petition, Justice Enny Nurbaningsih provided advice related to a similar petition, Petition Number 187/PUU-XXIII/2025, which requested that the IKN begin operations immediately. Therefore, the Petitioner needs to understand the concept of the Constitutional Court's authority with regard to the substance of the six norms being tested.

“However, only the IKN Law, the General Election Law, and the DKJ Law have been proposed. The more laws are requested, the more their norms will have to be reconciled with the Constitution. It’s not that simple. There are only three laws, and even those contain 21 issues and 16 articles. You can imagine how complicated the description in the statement of claim and the petition would be,” Justice Enny explained.

Meanwhile, Justice Arsul Sani asked the Petitioner to pay attention to the petitions that had been submitted to the Constitutional Court many times, which were also considered vague. "This is permissible because it is the right of citizens in their constitutional rights, then study the things that make the petition vague by reading Constitutional Court Regulation No. 7 of 2025. Study the petitions from petitioners that have been granted, especially those from young petitioners like you," advised Justice Arsul.

Justice Arief Hidayat also expressed a similar opinion. Justice Arief advised the Petitioner to take note of the justices' advice. "It is hoped that the Petitioner will take note of the advice given by Justices Enny and Arsul. This petition is still considered vague and therefore needs to be revised, including technical aspects, the scope of authority in accordance with the hierarchy of laws and regulations, a description of the constitutional losses suffered, and the petition does not elaborate on the articles being challenged from the three laws with this extensive basis for review," explained Justice Arief.

Case tracking

Author: Sri Pujianti.

Editor: N. Rosi

PR: Andhini SF.

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.

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