Legal Analysis of Indonesia's Capital City Law Formation: Constitutional Implications and Governance System Reform

Abstract

The legislative process is a tangible manifestation of the exercise of popular sovereignty within Indonesia’s democratic system; however, the enactment of Law No. 3 of 2022 on the National Capital (IKN Law) and its subsequent amendments has created a gap between das sollen (the legal norms that should apply) and das sein (the reality of implementation), reflecting a lack of due process in lawmaking. This study aims to analyze the disorderly legislative practices in the enactment of the UU IKN and the legal implications of the regulatory framework governing the status of the Nusantara Capital Authority (OIKN) on Indonesia’s constitutional system. The research method employs a normative legal approach by analyzing literature materials comprising theories, concepts, legal principles, and relevant legislation. The results of the study indicate that the enactment of the IKN Law violates the principles of good legislative drafting through the practice of hasty lawmaking that disregards transparency, public participation, and thorough deliberation, with only two closed public consultations and a legislative process that took place in a short period of time.