Astro Alfa Liecharlie (Right) as Principal Petitioner at ruling hearing on judicial review of Law No. 151 of 2024 on Special Region of Jakarta Province, Tuesday (5/12/2026). Photo by MKRI/Ifa.

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JAKARTA (MKRI) – Limiting the timeframe for relocating the National Capital (IKN) has the potential to rush the development of the new capital city, resulting in suboptimal preparations, given the various aspects the government must consider in developing and preparing for the relocation of the national capital. Therefore, Court is of the opinion that the argument of the word "then" in Article II of Law No. 151 of 2024 on Amendments to Law No. 2 of 2024 on Special Region of Jakarta Province (DKJ Law) is open to multiple interpretations and creates legal uncertainty and is legally unreasonable.

Thus, the legal considerations of Decision No. 38/PUU-XXIV/2026 were read by Deputy Chief Justice Saldi Isra. Previously, Astro Alfa Liecharlie (Petitioner I) and Fetrus (Petitioner II) materially challenged Law No. 151 of 2024 on Amendments to Law No. 2 of 2024 on Special Region of Jakarta Province (DKJ Law). Decision No. 38/PUU-XXIV/2026 was pronounced at the Ruling Hearing held by Court on Tuesday, May 12, 2026.

Deputy Chief Justice Saldi explained more clearly that in their petitum, the Petitioners requested that the word "then" in the norm of Article II of Law No. 151 of 2024 be interpreted, "before the Implementing Regulations as referred to in Article 71 of Law No. 2 of 2024 on Special Region of Jakarta Province (Law No. 2 of 2024) are stipulated." This interpretation results in only a maximum of 2 (two) years being available from the time Law No. 2 of 2024 was enacted to move the Capital City of the Unitary State of the Republic of Indonesia from the Special Capital Region of Jakarta Province to the Capital City of Nusantara.

"Within the limits of reasonable reasoning, according to the Court, such a petitum will actually distance itself from the principles of benefit, justice, and fair legal certainty, considering that the relocation of the nation's capital is a decision that has a broad impact on various aspects of the state, namely politics, law, economy, social, culture, environment, human rights, welfare, human resources, defense and security," explained Deputy Chief Justice Saldi in the Plenary Courtroom, Building 1 of the Court.

Not the Timing of the Relocation

Deputy Chief Justice Saldi emphasized that the Petitioners' concerns regarding the legal basis for the implementing regulations of Law No. 2 of 2024 could be realized if Article II of Law No. 151 of 2024 is interpreted as the Petitioners request. If the presidential decree is limited to a maximum of two years from the date of Law No. 2 of 2024's enactment, it would be tantamount to requiring the presidential decree regarding the relocation of the capital city of the Unitary State of the Republic of Indonesia to be issued within two years of Law No. 2 of 2024's enactment.

"In fact, what is meant by the phrase 'determined within a maximum of 2 (two) years' in Article 71 of Law No. 2 of 2024 is the implementation of implementing regulations for Law No. 2 of 2024, not the time when the relocation of the Capital City of the Unitary State of the Republic of Indonesia is carried out," explained Deputy Chief Justice Saldi.

That based on the description of the legal considerations, the Petitioners' argument regarding the word "then" in the norm of Article II of Law No.151 of 2024 causes the inclusion of Law No. 2 of 2024 in the legal basis of implementing regulations to be contrary to the 1945 Constitution of the Republic of Indonesia is an argument that is baseless and has no legal basis. Therefore, the Court in the Decision on a quo petition stated that it rejected the Petitioners' petition in its entirety.

Also read:

The Issue of Time Limit for Determining the Moving of IKN Has Been Resubmitted to Court

Add Petitioner and Constitutional Reasons for Deadline on Determining the Moving of National Capital

House of Representatives Explains the Stages of Implementing the Transfer of National Capital

Previously, in the Preliminary Examination Hearing held on Thursday, January 29, 2026, Petitioner stated that the word "then" in a quo norm was open to multiple interpretations and didn’t provide a clear time limit. As a result, the President issued a Decree beyond the time limit mandated by Article 71 of the DKJ Province Law. In order to ensure that Article II of Law No. 151 of 2024 doesn’t conflict with Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Petitioner is of the opinion that the existence of the word "then" in the norm must be interpreted as "before the Implementing Regulations as referred to in Article 71 of Law No. 2 of 2024 on Special Region of Jakarta Province.

So that in order to support the smooth implementation of the gradual relocation of the National Capital, the implementation of government and/or state affairs, including the location of state institutions, agencies and other organizations along with their supporting facilities, which based on the provisions of laws and regulations are domiciled in the National Capital, can still be implemented or domiciled in the Special Region of Jakarta Province in accordance with the stages set out in the Presidential Regulation which regulates the details of the master plan for the Indonesian Capital.(*)

Read Decision No. 38/PUU-XXIV/2026

Author      : Sri Pujiati
Editor       : Lulu Anjarsari P.
PR           : Adriana Airlia Yusrin
Translator : Donny Yuniarto

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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