TEMPO.CO, Jakarta – The Constitutional Court has rejected a judicial review petition challenging Law Number 3 of 2022 concerning the State Capital (IKN Law). The Court delivered its ruling on case Number 71/PUU-XXIV/2026 on Tuesday, May 12, 2026.
Constitutional Judge Adies Kadir stated that after reviewing the petitioner’s arguments and the evidence presented in the material challenge of Article 39 paragraph (1) of the IKN Law, Nusantara or IKN in East Kalimantan has been legally and politically established as the State Capital.
“However, the relocation process is still awaiting a Presidential Decree,” Adies remarked while reading the legal considerations of the decision, as monitored by Tempo via the Court’s broadcast on Wednesday, May 13, 2026.
Thus, Adies continued, as long as the President has not issued the decree regarding the transfer of the capital from Jakarta to IKN, the capital city remains Jakarta.
Furthermore, he addressed the petitioner’s argument regarding Article 2 paragraph (1) of Law Number 2 of 2024. The petitioner claimed this article was out of sync with the norms of Article 39 paragraph (1) of the IKN Law, creating a “void” status for the capital; however, the judge noted that the article must be interpreted in conjunction with Article 73 of Law Number 2 of 2024.
In this context, Article 2 paragraph (1) of Law Number 2 of 2024 stipulates the name change of the Special Capital City or DKI Jakarta Province to the Special Region of Jakarta.
Adies pointed out that Article 73 of Law Number 2 of 2024 explicitly states that its provisions only come into force once the President officially determines the relocation of the State Capital from Jakarta to Nusantara through a Presidential Decree.
Based on these legal considerations, the Court opined that the petitioner’s claim, that Article 39 paragraph (1) of the IKN Law conflicts with Article 1 paragraph (3) and Article 28D paragraph (1) of the Constitution, is legally groundless, even without a broader interpretation of the article.
“The Court rejects the petitioner’s petition in its entirety,” declared Chief Justice Suhartoyo.
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