Law Minister Reveals When Prabowo Will Sign Presidential Decree on Capital Move

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TEMPO.CO, Jakarta - Law Minister Supratman Andi Agtas said Indonesian President Prabowo Subianto would sign the presidential decree to move the capital when the infrastructure in the new capital, Nusantara or IKN, has been properly built. The infrastructure construction process could take several years, he said.

The Gerindra Party politician said that one of the infrastructures that needs to be fast-tracked is the executive, legislative and judicial branches of government. According to him, in order for the wheels of government to run smoothly in IKN, this development must be a priority.

"So that later it will be worthy of being a city where all executive, legislative and judicial powers can work," he said during a meeting at the Parliament Complex in Senayan, Central Jakarta, on Monday, November 18, as quoted by Antara.

Once all the infrastructure is built and the presidential decree is signed, he said, the status of the capital will be transferred from Jakarta to IKN in East Kalimantan.

The Ministry of Law also continues to try to fast track the revision of the Jakarta Special Region Law (UU DKJ) together with the DPR Legislative Body (Baleg). The revision aims to replace several points of the articles in the DKJ law, such as changing the nomenclature of the name DKI to DKJ.

The former House of Representatives (DPR) member said that the replacement must be done so that DKJ has a strong legal basis as a province. The discussion should also be completed before the 2024 regional head election on November 27.

He assured that Jakarta still has the status of the nation's capital. This status will not change until President Prabowo signs the presidential decree on the relocation of the capital.

"Yes, until today Jakarta is still the capital of Indonesia. Because in Article 70 of the DKJ Law it says that this law is in effect since the signing of the presidential decree on the relocation of the capital city," Supratman said.

DPR and Government Agree to Bring DKJ Bill to Plenary Session

The Legislative Body of the DPR and the Government agreed that the draft law on amendments to Law No. 2/2024 on the Special Region of Jakarta (RUU DKJ) would be brought to the second level of discussion to be decided in a plenary session. The agreement was reached in a plenary session held by Baleg on Monday evening.

The agreement was conveyed directly by Law Minister Supratman Andi Agtas. Representatives from the Home Ministry and the Regional Representative Council were also present. The eight factions present agreed to take the RUU DKJ to a second level meeting or plenary to be enacted into law.

In the meeting, each faction stated that a revision of the DKJ Law was necessary to ensure legal certainty. This, said Baleg member from the Prosperous Justice Party (PKS) faction Anis Byarwati, is because Jakarta's current status is no longer a special capital region.

But at the same time, Anis said, the president has not yet issued a presidential decree on the transfer of the capital from Jakarta to the IKN. " This will of course lead to a vacuum of law, especially administrative law, until the capital is actually moved," Anis said.

Article 39 of the IKN Law states that the National Capital City's position, function and role will remain in the Special Capital Region of Jakarta Province until the date of the transfer of the National Capital City from the Special Capital Region of Jakarta Province to the Indonesian Capital City by a Presidential Decree.

Article 41 of the IKN Law states that after the IKN Presidential Decree is issued, provisions other than the function as an autonomous region, the DKI Jakarta Provincial Government as the capital city of the unitary state of the Republic of Indonesia as stated in Article 5 of Law No. 29 of 2007 shall be revoked and declared null and void.

The following provisions have been added in the amendment of the DKJ Law, namely the addition of four articles between articles 70 and 71:

Article 70A:

Upon the effective date of this Law, the Governor and Deputy Governor of the Special Region of Jakarta Province, according to the result of the 2024 election for the Governor and Deputy Governor of the Special Capital Region of Jakarta, shall be declared the Governor and Deputy Governor of Jakarta, the Special Region of Jakarta Province.

Article 70B:

Upon the entry into force of this Law, the members of the Regional People's Representative Council (DPRD) of the Special Capital Region of Jakarta Province, in accordance with the result of the election of DPRD members for the Special Capital Region of Jakarta Province in 2024, are declared as members of the DPRD of the Special Region of Jakarta Province.

Article 70C:

Upon the coming into force of this Law, the members of the House of Representatives of the Republic of Indonesia (DPR RI), according to the result of the general election for members of the DPR, shall be declared members of the DPR RI for the constituency of the Special Region of Jakarta Province.

Article 70D:

Upon the coming into force of this Law, members of the Regional Representative Council of the Republic of Indonesia (DPD RI) as per the result of the general election for members of the DPD RI in the electoral district of the Special Capital Region of Jakarta shall be declared members of the DPD RI, electoral district of the Special Region of Jakarta Province.

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