IKN Lawsuit Rejected, Constitutional Court Affirms Jakarta Remains the Capital

In a significant ruling that solidifies Jakarta's status as the nation's capital for the foreseeable future, Indonesia's Constitutional Court (MK) has dismissed a judicial review challenging the law governing the relocation of the capital to Nusantara. The court's decision on May 12, 2026, led by Chief Justice Suhartoyo, unequivocally states that DKI Jakarta continues to serve as the capital of the Republic of Indonesia.

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Rejecting the applicant's request in its entirety.

The legal challenge had argued for a constitutional void regarding the capital's status, stemming from perceived inconsistencies between laws concerning the new capital (IKN) and existing legislation. Petitioners contended that this ambiguity could invalidate governmental actions and administrative processes. However, the MK clarified that the law on the capital's relocation, specifically Article 2 paragraph (1) of Law No. 2 of 2024, must be interpreted in conjunction with Article 73 of the same law.

According to the court's interpretation, the effective date for the capital's move to Nusantara is tied directly to the issuance of a Presidential Decree. Until such a decree is signed and enacted, the legal and functional status of the capital remains firmly with Jakarta. This ruling effectively dismisses the petitioners' claims that the existing laws create a constitutional conflict or render governmental actions illegitimate.

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In the context of the application a quo, the effective time of the capital's relocation to the Nusantara Capital depends on the stipulation and enactment of the aforementioned presidential decree.

Constitutional Judge Adies Kadir elaborated that the court found the petition to be without legal basis. The MK's stance reinforces that the relocation is a process dependent on executive action, not an immediate fait accompli. This decision provides legal certainty amidst ongoing discussions about the ambitious Nusantara project, assuring that Jakarta's role as the capital is constitutionally upheld until the presidential decree officially triggers the move.

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Therefore, based on the legal considerations, linked to the Applicant's petition a quo, according to the Court, without interpretation of Article 39 paragraph (1) of Law 2 of 2024 as requested by the Applicant, the position, function, and role of the National Capital remain in the Province of the Special Capital Region of Jakarta until the issuance of the presidential decree regarding the relocation of the Capital of the Unitary State of the Republic of Indonesia from the Province of the Special Capital Region of Jakarta to the Nusantara Capital. Thus, the Applicant's argument which essentially states that the norm of Article 39 paragraph (1) of Law 3 of 2022 contradicts Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia is legally unfounded.