IMPLIKASI HUKUM KEPALA OTORITA IBU KOTA NUSANTARA DALAM UNDANG UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA

Lailur Rahman, NIM.: 19103070073 (2023) IMPLIKASI HUKUM KEPALA OTORITA IBU KOTA NUSANTARA DALAM UNDANG UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The presence of Law Number 3 of 2022 concerning the National Capital City has significant legal implications for the constitutional order in Indonesia. The policies in the law result in various regulations that govern government units and their governance policies with a new government structure in the Nusantara Capital City (IKN), different from other special autonomous regions in the country. The legal issues in the regulations of the national capital city lie in the special regional status and the governance of the Authority as the government in the Nusantara Capital City area. Therefore, by referring to the supposed regulatory data (dassolen), it is hoped to understand the legal problems from a juridical perspective, considering the aspect of regional autonomy and the importance of the Authority's position as stipulated in Law Number 3 of 2022 concerning the National Capital City, while considering the legal relevance for correct implementation. This research is a qualitative study based on library research, relying on the descriptive-analytical juridical method, using primary sources such as the 1945 Constitution and Law Number 3 of 2022 concerning the National Capital City. The secondary data consists of collecting a number of references such as books, journals, theses, and others, which are then described and analyzed comprehensively and strongly through the framework of regional autonomy theory and considered with integration of knowledge through the theory of maslahah mursalah. The results of this research provide legal implications for the existence of the Nusantara Capital City Authority (IKN) regarding the appointment, selection, and dismissal of the appointed Head of the Authority by the President, as stated in Article 5, paragraph (4) of Law Number 3 of 2022 concerning the Nusantara Capital City, which tends to undermine the concept of regional autonomy. This study reveals the inconsistency of the regulations, which appear to be centralized with the President's authority over the special regional government of the Nusantara Capital City, equivalent to a ministerial level. This creates ambiguity regarding the concept of the Nusantara Capital City as an autonomous region where the government should be able to govern its own area. Furthermore, the research also concludes that there is no urgency in establishing the Nusantara Capital City Authority in terms of policy and the welfare of the society. In fact, this regulation tends to diminish the political rights of citizens in the Nusantara Capital City, considering that the Law on IKN brings about significant differences in its governance.

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