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International Journal of Social Science and Human Research ISSN (print): 2644-0679, ISSN (online): 2644-0695 Volume 08 Issue 12 December 2025 DOI: 10.47191/ijsshr/v8-i12-38, Impact factor8.007 Page No: 9487-9493 IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9487 Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? I Gusti Agung Trisma Satvika*1, I Gusti Ayu Putri Kartika2, Rizky Amalia Putri3, Nicolaus Petrus Likuwatan Werang4 1,2Faculty of Law, Udayana University, Bali, Indonesia 3Department of Public Administration, Faculty of Social and Political Science, Jenderal Soedirman University, Purwokerto, Central Java, Indonesia 4Postgraduate School, Master of Public Administration Program, University of National (UNAS), Jakarta, Indonesia ABSTRACT: The relocation of Indonesia’s Capital City (IKN) is a strategic national agenda marked by ongoing policy and regulatory shifts since the enactment of the Capital City Law and its amendments. These developments have triggered debates on policy direction, regulatory continuity, and political legitimacy amid changing administrations. In addition, this study aims to examine the policy and regulatory dynamics surrounding IKN’s relocation and assess how regulatory changes affect development continuity and governance in the new capital region. Hence, this study, using normative legal research, examines legal norms, policy documents, and evolving legal thought through statutory, historical, and conceptual approaches. The findings show that IKN’s longterm sustainability depends not only on political commitment but also on the quality of its regulatory framework, which is adaptive, coherent, and responsive to social, economic, and ecological dynamics. The regulatory changes to date underscore the need to strengthen public participation and risk-anticipation mechanisms to reinforce legitimacy and accountability. Ultimately, the study stresses the importance of building IKN regulations that support effective development while ensuring institutional continuity and public trust, enabling the capital relocation to proceed inclusively and sustainably. KEYWORDS: Sustainability; National Development; Governance; Capital Relocation; Regulation. I. INTRODUCTION Over time, various Indonesian presidents have proposed and planned the relocation of the capital city, with multiple ideas and models. But, this discourse on relocating the capital city was followed up by President Jokowi on August 16, 2019, during a Joint Session of the Regional Representative Council (DPD) and the House of Representatives (DPR) in the Plenary Meeting Room of the Nusantara Building of the MPR/DPR/DPD RI. In addition, President Joko Widodo expressed his intention to relocate the nation’s capital to Kalimantan. This statement marked a significant shift: relocating the capital city was no longer merely an idea that resurfaced repeatedly and then faded with the change of government, but had become a concrete policy agenda. Through this official statement, the President not only sought political and public support but also emphasized that the capital city relocation process was a strategic step that had been seriously considered by the government, not merely speculative discourse. In this process, relocation planning has undergone further stages following the issuance of Law Number 3 of 2022 concerning the National Capital (IKN Law), which was subsequently amended by Law Number 21 of 2023 concerning Amendments to Law Number 3 of 2022 concerning the National Capital. When discussing development related to the IKN Law, this cannot be separated from the legal or normative aspects that support or influence the development climate (Fadillah, 2022). With the IKN Law, the relocation of the national capital has now been given legal legitimacy, as outlined in Article 1, Paragraph (3), of the 1945 Constitution, which affirms Indonesia’s adherence to legal principles and compliance with binding regulations, and imposes strict sanctions for violations. Nevertheless, the presence of the IKN Law is a step that addresses society’s legal needs, as explained in Article 10, Paragraph (1), of Law Number 12 of 2011 concerning the Formation of Legislation (P3 Law). With the presence of this regulatory framework, it can be emphasized that this regulation not only establishes the boundaries of authority between the government and the public but also serves as a national development instrument aimed at creating legal certainty, a sense of justice, balance in the exercise of authority, and benefits for all stakeholders. Even though this legal framework is solid, its existence alone does not automatically guarantee the effective and sustainable transfer of the national capital.
Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9488 The relocation of the National Capital is certainly a mega-plan that will run until 2045. As a strategic priority project, several essential project stages will be carried out from the upstream side, namely the legal and institutional framework, to the downstream level, namely the development of primary and supporting infrastructure (Hairunnisa & Syaka, 2022). Based on the existing timeframe, this plan is estimated to span five government regimes (CNBC Indonesia, 2022). A change in government regime certainly has the potential to significantly impact the planning and development process of the National Capital, as there are no specific regulations that bind and enforce an “imperative” for the existing presidential candidate to continue the relocation process. Consequently, this relocation process will be a primary focus, especially with the change in regime in 2024, which would allow the next President to discontinue the development and relocation process and cancel the existing policy through a Government Regulation, such as a Law (PPN). Moreover, changes in commitment and direction of development priorities, taking into account the prevailing situation, also require careful consideration, particularly after the National Capital City Law was amended through the National Capital City Amendment Law, which has given rise to various controversies ranging from state sovereignty to the potential for severe environmental damage, as analyzed by stakeholders. Hence, the most significant barrier to this relocation process lies not only in the commitment of future leaders and the turmoil of regime changes (every five years), but also in the growing awareness and greater public effort to protect the homeland's interests. Commitment to development and relocation is undoubtedly crucial. Without the nation’s leaders passing the baton, the relocation of the National Capital City could stall and waste state funds. It is essential, as the development process will depend on the vision and mission of each government regime and, more importantly, on the political and legal relations prevailing at that time. Recognition of the National Capital City Law will depend heavily on the political situation. There is a view that assumes politics has a determining role in law, meaning that, in reality, both the formation of regulations and the implementation and enforcement of law are greatly influenced and dependent on politics (Mahmodin, 1999). It becomes crucial when reflecting on recent events, namely the regime change following Suharto’s 1998 resignation. It clearly demonstrated the opportunity to change the existing legal framework and direction, particularly in public law concerning the distribution of power within the state system. In the current context, political commitment to address demographic issues, economic equality, and inter-regional inequality through the National Capital Relocation (IKN) policy must be accompanied by adequate regulatory quality. These regulations must ensure the maintenance of state sovereignty and environmental sustainability. It is crucial that development not only meets the needs of the current generation but also those of future generations, namely by ensuring the preservation of nature (Yanti Fristikawati, Rainer Alvander, & Verrence Wibowo, 2022). Against this background, this research must focus on the dynamics of policy and regulation governing the relocation of Indonesia’s National Capital (IKN) within the context of legal and political sustainability. Previous studies have focused more on the legal aspects of the IKN development process. Yet, this study underlines the sustainability of regulations, which depend not only on the commitment of leaders but also on regulatory improvement schemes that consider public participation and a framework for anticipating social, political, and economic changes. Nonetheless, this study will then explore how public participation can be connected to the policy and regulatory formulation process for the new capital city. The involvement of the public, academics, and the private sector in policy development and evaluation is crucial to ensuring the legitimacy and long-term sustainability of regulations. Hence, it is hoped that the results of this study can provide comprehensive recommendations for policymakers in designing adaptive, inclusive, and sustainability-oriented regulatory strategies. In line with this focus, this study examines the dynamics of the new capital city transfer following the amendment to the New Capital City Law, specifically regarding the political and legal commitments to sustainable development. It also aims to understand how regulatory improvement schemes can be formulated by considering input from experts across sectors, including frameworks for participation and for anticipating the future. As other research has shown every argument can be criticized, modified, or even replaced in accordance with new agreements. There is equal communication and dialogue, free from domination and pressure, between the state and local communities in reaching a new, more equitable consensus (U. Sholahudin & Sair, 2023). Unfortunately, communication challenges also arise because the policy formulation and formation process is very rapid (Ma’mun, 2023), as seen in the drafting of the National Capital City Law, which took less than two months. II. METHODOLOGY In answering the research questions, the researcher chose a normative legal research method. This approach involves reviewing literature or secondary data sources, also known as legal library research. This research consists of an analysis of legal principles, legal structures, comparative law, and the evolution of legal history (Soerjono & Mamudji, 2018). The research materials used in this study include primary legal materials, such as current regulations, as well as supporting legal materials comprising analyses and research conducted by legal experts, and their works published informally on legal issues, not in the form of official documents (Marzuki, 2011). The method for collecting legal materials in this paper is based on the library study method, which involves
Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9489 collecting primary and secondary legal materials relevant to the research focus. In sum, this research then applies three approaches: the statutory, historical, and conceptual approaches (Fajar and Achmad, 2010). III. RESULT AND DISCUSSION The policy of relocating the National Capital (IKN) is undoubtedly part of a series of legal policy directions adopted by the existing government. The explanation presented demonstrates that the development and relocation of the IKN reflect a political configuration, with the content of legal products heavily influenced by the ruling group's political vision at the time. The relocation direction and policy were outlined in the 2020-2024 National Medium-Term Development Plan (RPJMN), which established the need for a regulatory framework in the form of a National Capital Relocation Bill (RUU IKN), further elaborated in the 2021 Government Work Plan (RKP). The relocation of the IKN is expected to realize the national development vision and mission of President Joko Widodo and Vice President K.H. Ma’ruf Amin for 2020-2024, namely, “The Realization of an Advanced, Sovereign, Independent, and Distinguished Indonesia Based on Mutual Cooperation” with nine development missions known as the Second Nawacita (Nine Priorities). With the inclusion of the IKN relocation policy in the Planning Document, specifically the 2020-2024 RPJMN, this policy represents a planned process in support of the national development agenda. Throughout the process, various parties expressed their support for relocating the National Capital City (IKN) to North Penajam Paser, Kalimantan, but also set several conditions that must be carefully considered. The process clearly states that six items must be prepared for the IKN relocation. Some of these include leadership with a clear vision and consistent commitment; comprehensive legal regulations; a planning process that involves broad participation and can accommodate various interests; human resources with high professionalism; cultural characteristics and a level of openness of the local community; and a strong organizational culture and social values (Herdiana, 2020). Unfortunately, the six points conveyed will be insufficient if the legal policy at that time does not support it and considers the relocation of the IKN a low priority for the current government. Thus, political recognition of the policies of the previous regime is crucial. Within the hierarchy of laws and regulations, laws play a crucial role in ensuring legal certainty for the ongoing process of relocating the national capital. On the other hand, the Minister of National Development Planning (Bappenas), Suharso Monoarfa, has expressed support for a sustainable national capital and confirmed that the relocation will continue even with a change in president (CNBC Indonesia, 2022). However, considering Indonesia’s history, it is clear that with each change in political configuration or leadership regime, many laws are “reduced” or “eliminated,” resulting in stalled processes that waste significant budgets without providing any benefit to the public. Therefore, it can be argued that political dynamics directly influence the creation of legal products. Throughout the process, there is a tendency to alter the substance of regulations due to leadership changes or differing interpretations, resulting in conflicting regulations, both vertically and horizontally. Achieving awareness of the need to implement sustainability in the development and relocation of the national capital is certainly not easy, given historical developments. From a historical perspective, the 1945 Constitution, in effect from 1945-1949, reflected a significantly different political configuration compared to the 1945 Constitution reinstated from 1959-1966. This configuration then underwent further changes in the following period, the New Order era. Moreover, in brief, it can be understood that “law as a political product” is reflected in the dynamics of power regeneration. It can be seen that, after the end of the New Order regime, various legal products produced during that period immediately changed, including several laws that were subsequently revised or replaced, as follows: 1. The Law replaced the Laws on Political Parties and Functional Groups on Political Parties. While previously people had no room to propose political alternatives and could only choose among three socio-political organizations, during the reform era, the public was given the freedom to form political parties. The existence of these parties was then limited and legitimized through general elections. 2. The Law on Elections was amended by eliminating the presidential quota for appointing members of the DPR and MPR, freeing the administration of elections from government structures. 3. The Law on the Composition and Status of the MPR, DPR, and DPRD was abolished with amendments to the Law on Elections. This amendment reduced the number of appointed DPR members and made MPR appointments more transparent. Following the 2004 general elections, amendments to the law eliminated the practice of appointing. 4. The Law on Regional Government was also amended, from a principle of honest and responsible autonomy to a principle of broad autonomy, shifting from a centralized to a decentralized political system. 5. Other examples of legal changes that occurred with the transition from the New Order to the Reformation include the revocation of the Press Publishing Business License (SIUPP), the abolition of the ABRI’s Dual Function, the separation of the TNI from the Polri, the abolition of the Guidelines for Understanding and Practicing Pancasila (P4), and the reunification of judicial power. These changes demonstrate the legal framework’s adjustment to the new political configuration. The changes that occur are certainly very possible, not only due to changes and dynamics in Indonesia’s conditions but also related to the provisions in Article 5, paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states that the President has the right to submit draft laws to the House of Representatives. With these provisions, it is possible that, under the new
Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9490 Indonesian leadership, changes will occur regarding the political products and the process of moving the new capital city. In its position, even though the constitution establishes democratic principles and uses the same UUD as the basis for state administration, each period or regime can still produce a different political configuration. Consequently, the character of legal products will also change according to the political configuration that underlies them. With the tendency for changes in the political atmosphere to influence policies and laws, it is necessary to pay attention to the scheme in the formulation and implementation of the transfer of the IKN through the draft Law on the National Long-Term Development Plan (RPJPN) 2025-2045 and the draft law on the Medium-Term Development Plan, which is imperative. This regulatory scheme is crucial for advancing sustainability and implementing existing policies within the government regime, both of which lead to “incremental” enhancement and policy updates to support the sustainable transfer of the IKN. To strengthen sustainable legal and political assistance, further refinement of the existing legal framework, particularly the National Capital Law (IKN) and subsequent regulations, is necessary. These refinements are crucial not only to streamline the government’s existing workload (in the future) and alleviate potential difficulties, but also to provide legal certainty for the transfer of the national capital. Legal certainty is a crucial foundation for legal action and law enforcement. Next, it is not based solely on the written form. Still, it must also meet other requirements, such as precise formulation, consistency of formulation (both internally and externally), and the use of appropriate, easily understood language. It is well known that regulations that successfully provide significant guarantees in community interactions are effective. This level of certainty in regulations is achieved when they are at least available in written legal form and are free from contradictions (rules based on logic and certainty) (Sukma Cahyani, Usfunan, & Sumardika, 2017). These regulations are formulated by considering the prevailing legal conditions (recht werkelijkheden) and avoiding terms that could lead to multiple interpretations. In line with this view, legal certainty is highly dependent on the certainty of the norms that govern it. Clarity of norms must be realized through law enforcement actions that adhere to the principles of legality, appropriateness, and justice. In this context, legal certainty will be achieved if there are consistent rules that can be effectively implemented and consistently enforced by the competent authorities, in compliance with applicable legal provisions. The IKN Law Improvement Scheme through Expert Input as a Framework for Participation and Future Anticipation To ensure certainty and direction in improving the National Capital Region Law, a reconciliation between the power of knowledge and political power is necessary to sustain evidence-based, meaningful policies. This reconciliation is expected to foster a national planning and development environment that accommodates the interests of the people and creates a legal policy that embraces the archipelagic spirit. As Mochtar Kusumaatmadja points out, developing a legal system grounded in local knowledge means crafting national law that balances unification with consideration for the cultural diversity of the population living in an archipelagic nation (Fadillah, 2022). Through these efforts, public participation and recognition will serve as valuable tools for maintaining commitment and addressing the complexities of relationships among authorities, between governments (central and regional), between social groups, between issue areas, and between the present and the future. Reconciliation as a means of improving the direction of the National Capital Region Law is crucial and requires careful attention, including input from legal experts and beyond. It is an essential concern, not only as a framework for participation but also for anticipating the challenges of relocating the national capital, which will be further regulated by positive law. This reconciliation improvement scheme encompasses several key points, including legal aspects, defense and security, and, finally, geology, both within the capital city and its buffer zones. It addresses efforts to prevent and mitigate natural disasters. From a legal perspective, the regulatory refinement scheme for relocating the capital city requires further attention. Even though the National Capital Law clearly stipulates the status of the capital city, it also sets out the principles and vision for capital city management, environmental and disaster management, and, finally, spatial and land planning. As is known, to support the relocation of the capital city, the government has issued several further regulations. Yet, the rules presented continue to generate debate, with several formal and material reviews still ongoing. In this formal review, experts have conveyed several points that require careful consideration, starting from the stages in the discussion of existing regulations, the affected parties, the articles that immediately appeared in the Problem Inventory List (DIM), and further regarding the placement of the capital city within the context of regional government legal policy (Putra, 2022). In this regard, although the Constitutional Court has ruled that the formation process complies with the procedures for the formation of statutory regulations, particularly regarding public involvement or participation (Fachri, 2023), the IKN Law still faces further problems in the material review. In the review of the material, there are several things that need to be further explored, including: (1) The status of the IKN as a provincial-level regional government is special; (2) The implementing agency is the IKN Authority at the ministry level; (3) The IKN is headed by the Head of the IKN Authority and the Deputy Head of the IKN Authority, who also have the status of ministerial-level officials; (4) The Head of the IKN Authority is not selected through a regional election mechanism, but is directly selected by the President after consulting with the Indonesian House of Representatives; (5) and finally, the Head of the IKN Authority is given special authorities such as; granting investment permits, ease of doing business, fiscal and/or
Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9491 non-fiscal incentives, as well as providing exceptional facilities for parties who support financing for the preparation, construction and relocation of the IKN, and the development of the IKN and supporting areas as future economic drivers (Fachri, 2023). In the further process, the IKN Law may conflict with the 1945 Constitution, specifically regarding the determination of the IKN’s status as a Provincial-level Regional Government with special characteristics. Still, the Head of Authority is not elected through the Regional Head election mechanism (potentially contradicting Article 18 paragraphs (1) and (4) of the 1945 Constitution) and further related to the status of the IKN Authority as a Ministry-level Institution (potentially contradicting Article 17 paragraphs (1), (2), (3), and (4) of the 1945 Constitution). In the process, consideration of the improvement scheme in financing arrangements should certainly be a shared concern. According to the official IKN access page, the financing scheme for the development of the national capital until 2024 will be borne primarily by the State Budget, namely 53.3 percent. The remainder will come from PublicPrivate Partnerships (KPBU), the private sector, and State-Owned Enterprises (SOEs), amounting to 46.7 percent. Then, from 2024 onward, IKN financing will be increased through PPP and private investment. Under such a financing scheme, the use of state budget funds remains exceptionally high. This situation is further complicated by the fact that the number of investors in the new capital city project remains relatively low, making it unable to support the relocation costs. Then, this still requires relaxation and improvements in regulatory matters, such as the creation of regulations regarding crowdfunding as an alternative financing option for the new capital city. In the defense and security sector, a policy direction and regulatory framework are needed for the New Capital Region (IKN). It is crucial, as conveyed by Brigadier General R.P. Ivancius, PR. Siagian, M.A. (MDKIK UGM, 2022). In his presentation, he stated that the IKN region poses potential threats, given its 2,019 km border with Malaysia and its maritime border with Malaysia; its proximity to the Indonesian Archipelago Sea Lanes (ALKI) 1 and 2; and the deployment of Malaysian military forces, including the Malaysian Army, Royal Malaysian Navy, and Royal Malaysian Air Force. Furthermore, these threats could include aggression, armed conflict, territorial violations, espionage, sabotage, infiltration, illegal immigration, and counterfeit currency. Within the framework of sustainability, the defense and security sector also needs to anticipate the potential for radicalism and terrorism, given the new capital’s geographical proximity to the epicenter of Southeast Asian terrorism and transnational crime in the Southern Philippines (GSSD UI, 2023). In the development and relocation process, issues arise not only from the transfer of land ownership for public purposes, as regulated by existing regulations, but also from the geological aspect. It is not merely an effort to identify existing areas and spaces, but also an effort to assess, prevent, and mitigate natural disasters in the IKN area and its buffer zones. Geological issues are not the primary determinant of the feasibility of relocating the IKN or the suitability of the location. But, this information serves as an essential tool in understanding the physical carrying capacity and geological hazards, which can be used to mitigate and reduce cost escalation. In the geological field, Andang Bachtiar stated that further attention is needed, including forest and coal fires, groundwater aquifers (raw water sources), shallow oil and gas deposits, risks or hazards occurring beneath the surface due to oil and gas exploration and production activities, and the potential for tsunamis (GEOTV, 2020). The proposed improvement scheme is undoubtedly a valuable tool for supporting the sustainability of regulations governing the relocation of the national capital. By mapping out various changes based on existing notes and input, the government must be open to alternatives and further improvements to existing and ongoing policies. This improvement scheme is significant in designing policies that protect and empower local communities affected by the development and relocation of the new capital. In short, the improvement scheme ensures that the new capital is implemented in line with the principles of good governance and eliminates corruption. IKN Law Improvement Scheme: Law Number 21 of 2023 concerning Amendments to Law Number 3 of 2022 concerning the National Capital Based on the interpretation above, it has been explicitly stated that the improvement scheme can be implemented by considering the opinions and suggestions of experts across sectors as a framework for participation and anticipation of the future. Hence, in its development, the improvement scheme for the National Capital City Law, through Law Number 21 of 2023 concerning Amendments to Law Number 3 of 2022 concerning the National Capital City, has not been able to unravel the framework for participation and anticipation proposed by the public and experts in various sectors. This new regulation still fails to unravel strategic ideas promoted by the public and experts, such as the forest city concept, the green-blue city concept, and the aquatic ecology approach in the National Capital Region. The absence of public participation in the drafting of the academic paper, the minimal involvement of local communities, and the absence of a participatory process from the formulation and approval of the National Capital City Bill further strengthen the public’s assessment that the amendments to the National Capital Law demonstrate signs of strengthening autocratic legalism (Heryansyah, 2024). The first thing to note in the improvements to the National Capital Law is the description of the government’s commitment. Suppose we refer to the existing Amendment Law. In that case, it can be explained that the problem of the commitment to the Development of the IKN within the existing time period (along with the change of regime later) will continue, where this is found in Article 24 Paragraph (3) that: “The preparation, construction, and relocation of the National Capital as referred to in paragraph (1) is determined as a national priority program for at least 10 (ten) years since the
Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9492 enactment of this Law by paying attention to the implementation and/or completion of the development of the Indonesian Capital City in accordance with the objectives as referred to in Article 2”. Henceforth, in the explanation of the Amendment Law, it is stated that the preparation, construction, and relocation activities of the IKN are a national priority within a specific period, with funding guaranteed from the State Revenue and Expenditure Budget (APBN). In this regard, this sustainability is further explained by strengthening the special authority regulations of the IKN Authority to oversee the continuity of the preparation, construction, and relocation of the IKN, and to run the special regional government in the IKN. In light of the existing Amendment Law, the dynamics of the IKN transfer have clarified the commitment and sustainability of Development. Still, the new provisions have created other problems. In its position, the problem with the new provisions is not only related to the double burden on the APBN, but also to other issues ranging from (Thea, 2023) the need to strengthen the special authority of the IKN Authority; Regulations related to the size and boundaries of the region that take into account the socioecological conditions that are empirically measured in the IKN; It is necessary to increase the institutional capacity of the IKN Authority, especially in terms of human resources, which requires the fulfillment of professional human resource competencies with specific technical expertise in a short and accurate period so that the IKN development mission can be achieved; spatial planning in the IKN in the National Spatial Planning Space (RTRW), the Makassar Strait Inter-Regional Zone Plan, the KSNIKN spatial plan and the IKN Detailed Spatial Planning Space (RDTR); land ownership status and legal land control by the community; the need to optimize the implementation of regional government specifically for the Indonesian Capital City through better IKN financial management which leads to the optimization of public services in the IKN; acceleration of housing provision as a form of fulfilling the right to housing for the community in the IKN; The House of Representatives (DPR) will oversee and review the IKN Law through its legislative apparatus, ensuring legal certainty for stakeholders, particularly investors contributing to the IKN’s financing. The existing regulations are intended to expedite implementation by prioritizing the interests of other stakeholders, such as investors, to facilitate investment. Different aspects of the IKN Law amendments are as follows: 1. In the Amendment Law, Articles 15, 15A, and 16A relating to land require careful consideration, as these provisions grant land rights in conflict with the Constitution. The descriptions specify that the Right to Cultivate (Hak Guna Usaha) in Cycle I is 95 years (consisting of a 35-year grant, a 25-year extension, and a 35-year renewal) and Cycle II is 95 years; the Right to Build (Hak Guna Bangunan) in Cycle I is 80 years (consisting of a 30-year grant, a 20-year extension, and a 30-year renewal) and Cycle II is 80 years; and the Right to Use (Hak Pakai) in Cycle I is 80 years (consisting of a 30-year grant, a 20-year extension, and a 30-year renewal) and Cycle II is 80 years. These provisions certainly require further evaluation, given the potential for loss of state control and new environmental problems. Over time, this provision was corrected by the Constitutional Court through Decision Number 185/PUU-XXII/2024, which affirmed that granting land rights in two cycles was unconstitutional. The Constitutional Court directed that the HGB term be limited to a maximum of 30 years, with a 20-year extension and a 30year renewal (a total of 80 years). This decision serves as an essential basis for the scheme to improve the regulations for the National Capital Region, particularly regarding land use and investment schemes, to be designed in a manner that ensures constitutional legal certainty and does not ignore the social function of land. 2. The existence of the National Capital Region Authority certainly strengthens the sustainability and agility of National Capital Region Development, however, the provisions of Article 42 paragraph (1) of the Amendment Law have the potential to become a “Broom Article” which emphasizes that: (a) all provisions of laws and regulations that conflict with the implementation of the preparation, development, and relocation of the National Capital Region and the administration of the Special Capital Region of the Archipelago; (b) laws and regulations governing regional government are declared invalid. CONCLUSIONS Legal policy, broadly speaking, is a set of actions planned and determined by the state to achieve specific aims, objectives, and targets in the legal field. The sustainability of regulations regarding the relocation of the National Capital is certainly not solely determined by the legal policy of each government regime, as reflected in leaders’ commitments, but also by regulatory improvement schemes appropriate to existing conditions. The leadership’s commitment to sustainable development is a shared hope for realizing the vision of the New Capital City (IKN), a symbol of national identity, a sustainable city, and a driver of the national economy. The reality of efforts to change through regulatory improvement schemes will always be present in every development process, adjusted to the national situation under each existing government regime. To conclude, strengthening or reformulating through leadership commitments that are not accompanied by improvement schemes that take into account a participatory and anticipatory framework aligned with the public interest is certainly questionable. ACKNOWLEDGMENT All authors greatly thank the Faculty of Law, Udayana University, Bali, Indonesia, the Department of Public Administration, Faculty of Social and Political Science at Jenderal Soedirman University, Purwokerto, Central Java, Indonesia, and the Postgraduate School, Master of Public Administration Program, University of National (UNAS), Jakarta, Indonesia, for their critical input and comments.
Inspecting Legal Policy and Institutional Continuity in Indonesia’s Capital Relocation Agenda: Are the Processes Consistent? IJSSHR, Volume 08 Issue 12 December 2025 www.ijsshr.in Page 9493 REFERENCES 1) Akib, M. (2016). Politik Hukum Lingkungan. Jakarta: Rajawali Pers. 2) Chaniago, A. (2021). Webinar Ibu Kota Negara (IKN) Baru Series I: “Menimbang Aspirasi Pusat dan Daerah". https://www.youtube.com/watch?v=7Y7UEa3I19U&t=6019s&ab_channel=PusatRisetPolitik-BRIN. 3) CNBC Indonesia. (2022, January 28). Ganti Presiden, Proyek Ibu Kota Negara Baru Bisa Disetop? https://www.cnbcindonesia.com/news/20220128144041-4-311283/ganti-presiden-proyek-ibu-kota-negara-baru-bisa-disetop. 4) Thea, A. (2023). Begini 9 Isu dalam UU IKN Terbaru. https://www.hukumonline.com/berita/a/begini-9-isu-dalam-uu-iknterbaru-lt651ce2b6ae9d2/. 5) Fachri, F. K. (2023). MK Tolak Pengujian UU Ibu Kota Negara. https://www.hukumonline.com/berita/a/mk-tolakpengujian-uu-ibu-kota-negara-lt62d83a1a1469e/. 6) Fadillah, N. (2022). Tinjauan Teori Hukum Pembangunan Mochtar Kusumaatmadja dalam Undang-Undang Ibu Kota Negara (IKN). Supremasi Hukum: Jurnal Kajian Ilmu Hukum, 11(1), 45-65. 7) Fajar dan Achmad. (2010). Dualisme1Penelitian1Hukum1Normatif1Dan1Empiri. Yogjakarta: Pustaka Pelajar. 8) GEOTV. (2020). Webinar Aspek Geologi untuk Pembangunan Ibukota Negara (IKN). https://www.youtube.com/watch?v=8IazfHol00g&t=2672s. 9) GSSD UI. (2023). WEBINAR IKN dan Mitigasi Radikalisme-Terorisme. https://www.youtube.com/watch?v=rDxQO6ACze8. 10) Habib, M. H. Al, Dairobbi, A., Zoya, R. A., & Pramasha, R. R. (2024). DAMPAK PEMBANGUNAN IKN NUSANTARA: SOLUSI PEMERATAAN PEMBANGUNAN ATAU TIMBUL PERMASALAHAN LINGKUNGAN. Indonesian Journal of Economy and Education Economy, 2(2), 405-411. Retrieved from https://jurnal.academiacenter.org/index.php/IJEN/article/view/504 11) Hairunnisa, H., & Syaka, W. A. (2022). Analisis Komunikasi Politik Dalam Percepatan Pembangunan Ibu Kota Nusantara (IKN) Menuju Kota Berkelanjutan. Journal of Government and Politics (JGOP), 4(1), 1. 12) Hamzah, H. (2021). Webinar Ibu Kota Negara (IKN) Baru Series I: “Menimbang Aspirasi Pusat dan Daerah". https://www.youtube.com/watch?v=7Y7UEa3I19U&t=6019s&ab_channel=PusatRisetPolitik-BRIN. 13) Harijanti, S. D. (2022). Webinar Nasional Battle of Speech: Pemindahan IKN Indonesia-Sebuah ketergesaan atau solusi? https://www.youtube.com/watch?v=RQC5x_1_Ifs&t=6842s&ab_channel=BOSFHUNTAR . 14) Herdiana, D. (2020). Menemukenali Syarat Keberhasilan Pemindahan Ibu Kota Negara [Identifying Conditions for Successful Relocation of the Nation’s Capital]. Jurnal Politica Dinamika Masalah Politik Dalam Negeri dan Hubungan Internasional, 11(1), 1-18. 15) Heryansyah, D. (2024). Absennya Partisipasi Publik Dalam Pembangunan Ibu Kota Nusantara Absennya Partisipasi Publik Dalam Pembangunan Ibu Kota Nusantara. 16) Mahmodin, M. M. (1999). Pergulatan Politik dan Hukum di Indonesia. Yogjakarta: Gama Media. 17) Mahmodin, M. M. (2010). Politik Hukum Di lndonesia. Jakarta: Rajawali. 18) Ma’mun, A. R. (2023). Problematika Komunikasi Politik Pendanaan Pembangunan Ibu Kota Negara Nusantara. POLITICOS: Jurnal Politik dan Pemerintahan, 3(1), 1-16. 19) Marzuki, P. M. (2011). Penelitian Hukum. Jakarta: Prenada Media Group. 20) MDKIK UGM. (2022). Webinar Policy Corner : Membangun IKN Dengan Prinsip Kenusantaraan. https://www.youtube.com/watch?v=LlHTdYoXmaY&t=8501s. 21) Putra, G. R. (2022). Webinar Implilasi Hukum Pemindahan Ibu Koya Negara dari Sisi Ketatanegaraan. https://www.youtube.com/watch?v=KxNdxpf1kj8&t=1926s&ab_channel=GugumRidhoPutra. 22) Radhie, T. M. (1973, December). Pembaharuan dan Politik Hukum Dalam Rangka Pembangunan Nasional. Majalah Prisma. 23) Rahardjo, S. (2014). Ilmu Hukum (8th ed.). Bandung: Citra Aditya Bakti. 24) Rijanta, R. (2022). Webinar SDGs Seminar Series #74. https://www.youtube.com/watch?v=xHpVTd_Jb1I&ab_channel=SDGsSeminarSeriesFakultasGeografiUGM. 25) Rossman, V. (2017). Capital Cities: Varieties and Patterns of Development and Relocation. Routledge. 26) Sholahudin, U., & Sair, A. (2023). Pendekatan Sosial Pemindahan IKN Nusantara. Pembangunan IKN, Konflik Agraria, dan Ruang Deliberasi Hukum. Prosiding Konferensi Nasional Sosiologi (PKNS). 27) Soerjono, S., & Mamudji, S. (2018). Penelitian Hukum Normatif: Suatu Tinjauan Singkat. Jakarta: Raja Grafindo Persada. 28) Sukma Cahyani, I. A. M. D., Usfunan, Y., & Sumardika, I. N. (2017). Kepastian Hukum Penyerahan Protokol Notaris Kepada Penerima Protokol. Acta Comitas, 137. 29) Termorshuizen, M. (1999). Kamus Hukum Belanda lndonesia. Jakarta: Djambatan. 30) Yanti Fristikawati, Rainer Alvander, & Verrence Wibowo. (2022). Pengaturan dan Penerapan Sustainable Development pada Pembangunan Ibu Kota Negara Nusantara. Jurnal Komunitas Yustisia, 5(2), 739-749.