ANALISIS YURIDIS IBU KOTA NEGARA NUSANTARA SEBAGAI PEMERINTAHAN DAERAH KHUSUS IBU KOTA NEGARA KESATUAN REPUBLIK INDONESIA

Syahzan Salam Baks, NIM.: 18103040076 (2023) ANALISIS YURIDIS IBU KOTA NEGARA NUSANTARA SEBAGAI PEMERINTAHAN DAERAH KHUSUS IBU KOTA NEGARA KESATUAN REPUBLIK INDONESIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The specificity given to the Nusantara National Capital (IKN) as stated in Law no. 3 of 2022, such as the status of the IKN as an autonomous province which is equated with a Ministry, as well as a government organized by the IKN Authority Body whose head is appointed directly by the President without going through general elections. Conceptually the model and governance in this law is different from the concept of local government in Indonesia both in article 18 of the 1945 Constitution of the Republic of Indonesia, and in Law no. 23 of 2014 concerning regional government, namely the administration of regional government is carried out by the Regional Head and the Regional People's Representative Council (DPRD). Whereas with some of the things above which are considered anomalous and new in the Indonesian state constitution, the compiler considers it important to examine this matter because they want to explain how the position of the IKN Authority Body is in the concept of regional government and whether this IKN Authority Body is in line with the 1945 Constitution of the Republic of Indonesia. This research seeks to describe (description) what are the problems that have arisen after the issuance of Law no. 3 of 2022 concerning IKN which concerns the local government system in Indonesia through a normative-juridical approach using the Theory of the Form of the State (Unitary State) and Theory of Decentralization as analytical tools. This research originates from laws and regulations as primary material, as well as literature such as books, journals, articles and other scientific works as secondary materials. The analysis was carried out with a qualitative deductive method. The results of this study indicate that the IKN Authority Body as the organizer of regional autonomy in the special administrative area unit of the IKN which is separate from the autonomous region which in its implementation is not in line with the concept of regional government in Indonesia both in terms of the formation and implementation of regional autonomy and there is an incongruity between the meaning of specificity and the process of forming and granting the status of a special area for the State Capital with what is stated in Articles 18 and 18B paragraph (1) of the 1945 Constitution of the Republic of Indonesia concerning regional government.

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