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Universitas Indonesia Faculty of Law Held Discussion “Constitutionality of the State Capital Law” - Universitas Indonesia
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Universitas Indonesia Faculty of Law Held Discussion “Constitutionality of the State Capital Law”

Universitas Indonesia > News > Faculty of Law News > Universitas Indonesia Faculty of Law Held Discussion “Constitutionality of the State Capital Law”

The field of constitutional law studies together with the Center for Constitutional Law Studies, Faculty of Law, Universitas Indonesia (FH UI) held a webinar entitled “Dissecting the Constitutionality of the State Capital Law”, on Friday (28/1), via the Zoom Meeting platform. This webinar was moderated by Ali Abdillah, LL.M., with Dr. Fitra Arsil (Head of Constitutional Law Studies at FH UI), Dr. Dian P Simatupang (lecturer of State Administrative Law FH UI), and Moh. Novrizal, LL. M. (Chairman of the Center for Constitutional Law Studies, FH UI).

In his opening remarks, Iwan Kurniawan as Director of Local Government Synchronization, Ministry of Home Affairs of the Republic of Indonesia, explained the urgency of moving the country’s capital city (IKN) due to several factors, including the concentration of population density on the island of Java which reached 57%, the lack of availability of clean water in the area. Greater Jakarta, massive land use change in Java Island, as well as various problems that arise due to population density. “Currently, we have carried out various coordination and collaboration with the regions involved, especially in the preparation of new capital city regulations. We encourage follow-up and provide support for new capital city policies through synchronization of development, synchronization of regional policies, and national policy facilities,” said Kurniawan.

Novrizal explained that Article 18 of the 1945 Constitution states that the Republic of Indonesia consists of provinces, regencies, cities, and has a regional people’s representative council. Especially in the capital city of the archipelago, there are differences because the form of government has the same status as a province, but the head of government is at the ministerial level. He also questioned the flow of coordination of the wheels of regional government because in general the provincial government coordinates under the Ministry of Home Affairs.

Novrizal gave an example of the Special Region of Yogyakarta as an area with a provincial status with a regional head called a governor even though it is a special area led by a sultan. “Therefore, we recommend that the capital of the archipelago remains with the status of a province and regional heads with the status of governors. In addition, there is a need for a separation between the new capital city transfer law and the governance law, because the governance law will often change along with the times and technological advances,” said Novrizal.

Dian Simatupang said that in the IKN transfer project, a detailed budgetcalculation must be carried out so that there is no misunderstanding (dwaling) that causes swelling and does not become a problem in the next government. In addition to funding resources, the transfer of IKN also requires skilled human resources. He suggested that funding resources be divided into three stages, namely preparation, development, and transfer so that the state budget is more efficient. For example, by utilizing the proceeds from the lease of government buildings that do not have strategic and historical value in Jakarta, grants, and cooperation in providing infrastructure.

“Ideally, in moving the capital city, state budget funds are only used at the preparation stage so that the APBN fiscal space remains safe for the public and government interests. This is done so as not to reduce the state budget funds allocation in accordance with constitutional obligations, such as education (20%), health (5%), mandatory Social Security contribution subsidies, and regional transfer funds, because it is contrary to Law no. 17 of 2003 Article 34 Paragraph 1 as a form of policy deviation that can be criminalized,” said Dian.

Meanwhile, Arsil stated that the makers of the new capital city transfer law must pay attention to the principle of openness (meaningful participation). Collective agreement is a formal endorsement so that policy makers should involve the wider community in the process of drafting laws. He also questioned the concept of authority in IKN. If referring to Law no. 18, the concept of authority is a name concept only. In addition, it must be studied regarding the mechanism for channeling the aspirations of the people who live in the new capital city area, because the capital city authority area does not have a Regional People’s Representative Council (DPRD) and it is not known whether the new capital city authority area still includes East Kalimantan Province or will be separated into a new authority area.

 

Writer: Rizky Syahputra | Editor: Sapuroh

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