Samarinda –

The Constitutional Court rejected a judicial review petition against Law Number 3 of 2022 on the State Capital. In its ruling, the Court affirmed that the current status of the capital of the Republic of Indonesia remains in the province of DKI Jakarta until there is an official presidential decision regarding the relocation of the capital to Nusantara.

The ruling was delivered during the verdict hearing for case Number 71/PUU-XXIV/2026 held on Tuesday, May 12, 2026. The hearing was led directly by the Chief Justice of the Constitutional Court, Suhartoyo.

“Rejecting the petitioner’s request in its entirety,” Suhartoyo stated during the verdict hearing.

The petition was filed by a petitioner named Zulkifli. The petitioner argued there was a lack of synchronization between the State Capital Law and the Jakarta Special Region Law, which could potentially create a constitutional vacuum regarding the status of the capital.

Constitutional Court: Capital Status Has Not Yet Moved from Jakarta

In its considerations, the Constitutional Court explained that the transfer of the capital’s status from Jakarta to the Nusantara Capital does not take effect automatically simply because the State Capital Law has been enacted.

Constitutional Justice Adies Kadir further explained that the relocation of the capital is only valid and effective after the President issues a Presidential Decree regarding the transfer of the State Capital.

“This means that, in the context of the petition at hand, the timing of the capital’s relocation to the Nusantara Capital depends on the stipulation and enactment of the said presidential decree. Therefore, based on these legal considerations, in relation to the petitioner’s request, according to the Court, without interpreting Article 39 paragraph (1) of Law 2/2024 as requested by the petitioner, the position, function, and role of the State Capital remain in the province of the Special Capital Region of Jakarta until the presidential decree concerning the relocation of the State Capital of the Unitary State of the Republic of Indonesia from the province of the Special Capital Region of Jakarta to the Nusantara Capital is stipulated. Thus, the petitioner’s argument that the norm in Article 39 paragraph (1) of Law 3/2022 contradicts Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia is legally unfounded,” Adies stated in the ruling’s consideration, as quoted from the Constitutional Court’s website.

The Constitutional Court stated that these provisions must be read together, specifically Article 2 paragraph (1) of the Jakarta Special Region Law with Article 73 of the same law and Article 39 paragraph (1) of the State Capital Law.

According to the Constitutional Court, the norms in the Jakarta Special Region Law do not automatically revoke Jakarta’s status as the capital before the issuance of the Presidential Decree on the relocation of the Nusantara Capital.

“According to the Court, without interpreting Article 39 paragraph (1) of Law 2/2024 as requested by the petitioner, the position, function, and role of the State Capital remain in the province of the Special Capital Region of Jakarta until the presidential decree concerning the relocation of the State Capital of the Unitary State of the Republic of Indonesia from the province of the Special Capital Region of Jakarta to the Nusantara Capital is stipulated,” Adies continued.

Thus, the Constitutional Court stated that the petitioner’s argument regarding a constitutional vacuum in the capital’s status was legally unfounded.

No Presidential Decree Issued Yet

In his petition, Zulkifli argued that the existence of the State Capital Law and the Jakarta Special Region Law creates legal disharmony. This is because the Jakarta Special Region Law is considered to have revoked Jakarta’s status as the capital, while the Presidential Decree on the relocation of the capital to Nusantara has not yet been issued.

The petitioner argued that this situation could trigger constitutional ambiguity regarding the position of the state capital.

He also argued that this status vacuum could impact the validity of government actions, including the issuance of state decisions and government administration.

According to the petitioner, this issue arises because there is no safety net or transitional regulation that explicitly guarantees</p

Ceremony Plaza at IKN

The Ceremony Plaza is a central ceremonial and public gathering space located within Indonesia’s new capital city, Ibu Kota Nusantara (IKN) in East Kalimantan. Designed to host national events and celebrations, it symbolizes the country’s fresh start and vision for a sustainable, modern future. The plaza was constructed as part of the initial development phase of IKN, which began in 2022, marking a historic move of the capital from Jakarta.

DKI Jakarta

DKI Jakarta is the capital and largest metropolis of Indonesia, located on the northwest coast of Java. Originally a small port town called Sunda Kelapa, it was renamed Jayakarta in the 16th century, later became the Dutch colonial center of Batavia, and was officially declared Jakarta after Indonesia’s independence in 1945. Today, it serves as the nation’s political, economic, and cultural hub, facing challenges such as traffic congestion and land subsidence while retaining landmarks like the National Monument and Old Town.

Nusantara

Nusantara is a historical and cultural term used to describe the Indonesian archipelago, reflecting the region’s rich maritime heritage and diverse civilizations. The name, derived from Old Javanese meaning “outer islands,” gained prominence during the Majapahit Empire (13th–16th centuries) to denote the empire’s sphere of influence across the Malay Archipelago. Today, it also refers to Indonesia’s new capital city, under construction on the island of Borneo, symbolizing the nation’s vision for a unified and modern future.

Jakarta Special Region

The Jakarta Special Region is the capital city of Indonesia, located on the northwest coast of Java. Historically, it grew from the ancient port of Sunda Kelapa, later renamed Batavia by the Dutch during colonial rule, and became a center of trade and governance. Today, it serves as the nation’s political, economic, and cultural hub, known for its diverse population and rapid urban development.

Nusantara Capital

Nusantara Capital is the planned new capital city of Indonesia, currently under construction on the island of Borneo in East Kalimantan. The project was announced in 2019 by President Joko Widodo to replace Jakarta, which faces severe overcrowding, pollution, and land subsidence. Named “Nusantara,” meaning “archipelago” in Old Javanese, the capital aims to symbolize national unity and sustainable development, with completion targeted for the 2040s.