Imam Suhartadi, Jakarta – The Constitutional Court on Wednesday rejected a judicial review of the 2022 law governing the country's planned capital relocation, affirming that Jakarta remains the nation's capital until a presidential decree formally transfers the status to Nusantara.
The ruling addressed a petition challenging provisions of Law No. 3/2022 on the State Capital (IKN Law), particularly Article 39(1), which states that the "position, function and role" of the national capital will remain in Jakarta until the president issues a decree officially relocating the capital to Nusantara in East Kalimantan.
Reading the court's considerations, Constitutional Judge Adies Kadir said the petitioner's argument lacked legal basis because the law already provides clear constitutional certainty regarding the transition process.
"Legally and politically, Nusantara has been designated as the state capital, but the relocation process is still awaiting a presidential decree," Adies said during the court session in Jakarta.
"Therefore, as long as the presidential decree concerning the transfer of the capital from Jakarta to Nusantara has not been issued, the state capital remains in Jakarta," he added.
The petitioner argued there was a legal contradiction because the 2024 Jakarta Special Region Law removed Jakarta's capital status even though the presidential decree has not yet been issued.
According to the petitioner, this created uncertainty over the legality of government decisions and state administration.
However, the Constitutional Court rejected that interpretation.
The court said Article 2(1) of the DKJ Law must be read together with Article 73 of the same law, which stipulates that the law only takes effect once the president issues a decree officially transferring the capital from Jakarta to Nusantara.
Adies explained that the term "takes effect" in Article 73 means the substantive legal force of the capital relocation only begins after the presidential decree is enacted.
The court also referred to an earlier ruling in Case No. 38/PUU-XXIV/2026, which similarly emphasized that the timing of the capital transfer depends entirely on the issuance of the presidential decree.
Based on those considerations, the court concluded that Jakarta's status as the national capital remains valid until the decree is issued, without requiring any additional constitutional interpretation as requested by the petitioner.
Constitutional Court Chief Justice Suhartoyo, reading the verdict on Tuesday, said the panel of nine constitutional judges unanimously rejected the petition in its entirety.
"The court rules to reject the petitioner's application in full," Suhartoyo said.
Nusantara was officially designated Indonesia's future capital in 2022, aimed at replacing Jakarta as the country's administrative center due to chronic congestion, pollution and land subsidence in the current capital. Under existing plans, the transition will be gradual as infrastructure is completed.
By 2028, Indonesia is expected to operate with two capitals. Jakarta will remain the country's legal capital and economic hub under Law No. 2/2024, while Nusantara will function as the political capital, hosting the executive, legislative and judicial branches.
Construction momentum has picked up in recent months, with the legislative and judicial complexes entering the building phase in late 2025. Official data show that nearly 150,000 people now live in the broader Nusantara area, reflecting the growing economic and population footprint of the project.