Even though there is minimal public participation, the Special Region of Jakarta Law is still signed by the President

Regarding the transfer of the capital city, the DKJ Law regulates the transition period for moving the state capital from Jakarta to IKN in East Kalimantan.

KOMPAS/FAKHRI FADLURROHMAN

Pedestrians crossing Jenderal Sudirman Street in Jakarta on Tuesday (23/4/2024). The Ministry of Home Affairs assessed that Jakarta will still be a destination for urbanization, even though it will later become the Special Region of Jakarta after the capital city moves to Nusantara Capital.

JAKARTA, KOMPAS — Even though the mechanism for discussing Law Number 2 of 2024 concerning the Special Region of Jakarta or the DKJ Law is considered to have minimal public participation, President Joko Widodo still signed the DKJ Law. This law regulates the Special Region of Jakarta, the organization and its authority. Regarding the transfer of the nation's capital from Jakarta to the capital of the archipelago, as regulated in the transitional provisions of the law, it will later be determined in a separate presidential decree.

The presidential decision (keppres) regarding the relocation of the nation's capital also depends on the readiness of IKN as the nation's capital with all its needs and requirements. President Jokowi will only issue a presidential decree relocating the nation's capital if the IKN in East Kalimantan is truly ready, both in terms of infrastructure and human resources.

The DKJ law was signed by President Jokowi on April 25, 2024. Article 1 Paragraph (1 and 2) of the law states that the Special Capital Region of Jakarta Province is changed to the Special Region of Jakarta Province. The Special Region of Jakarta Province is an autonomous region at the provincial level that serves as the center of the national economy and a global city.

Before being ratified by President Jokowi, the Draft Law on the Special Region of Jakarta was discussed by the DKJ Bill Working Committee in just four days (Kompas, 19/3/2024). Apart from being short, the discussion process is also considered to not involve public participation.

Meanwhile, to Kompas, Thursday (2/5/2024), Minister of State Secretary Pratikno stated that the discussion of the DKJ Law had gone through statutory procedures to the DPR with a presidential letter (surpres) and discussions at the Body Legislation and DPR Working Committee, before being ratified at the DPR Plenary Session.

Also read: DKJ Bill Will Be Speeded Up, DPR Legislative Council Reminds Not to Be Like the Job Creation Law

Professor of Constitutional Law at the Faculty of Law of UKSW Salatiga, Umbu Rauta, stated that formally, when the Bill on the DKJ Province is approved jointly by the DPR and the President, and further enacted and announced by the President, the law would have been officially in effect.

However, according to Umbu, the process of forming a bill into law cannot be avoided by certain political agendas so that it has the potential and is often even disobedient to the stages of formation, such as public involvement. "Therefore, if the discussion of the DKJ Provincial Bill is deemed not transparent, interested parties have the opportunity to submit a formal review of the law to the Constitutional Court," said Umbu when contacted from Jakarta, Friday (3/5/2024).

Therefore, if the discussion of the DKJ Provincial Bill is deemed non-transparent, interested parties have the opportunity to file a formal examination of the law to the Constitutional Court.

DIAN DEWI PURNAMASARI

Screenshot of constitutional law expert from Brawijaya University in Malang, Aan Eko Widiarto, serving as an expert witness in a formal examination lawsuit over the KPK Law at the Constitutional Court, on Wednesday (24/6/2020).

Violate "Meaningful public participation"

In line with Umbu's statement, constitutional law expert who is also the Dean of the Faculty of Law, Brawijaya University, Aan Eko Widiarto, said that the ratification of the DKJ Law by President Jokowi is contrary to the principle of meaningful public participation in the formation of laws. "There are more political transactions," said Aan.

Aan exemplifies that the process of selecting regional leaders who will lead the Special Capital Region of Jakarta has been changing, initially from the President's appointment to the DPR's appointment and now to direct elections.

"The decision was not made because of public participation, but rather due to negotiations by stakeholders. This shows that the community is not considered in this process," said Aan.

The decision was made not because of public participation, but rather due to negotiations among stakeholders. This indicates that the society is not considered in this process.

In the copy of the DKJ Law, regulations regarding the leadership of the governor and deputy governor in the government are stipulated in Article 9. This article explains that the officials in charge of the Special Capital Region of Jakarta's government consist of the governor and DPRD (Regional People's Representative Council), assisted by regional apparatus.

"The Provincial Government of Special Capital Region of Jakarta is led by one governor assisted by one vice-governor who are directly elected through local head and deputy head of regional elections," as stated in Article 9 of the Jakarta Special Capital Region Law.

The governor and vice governor are elected directly through regional head elections. The candidate pair who obtains more than 50 percent of the votes will be declared as the elected governor and vice governor.

KOMPAS/HENDRA A SETYAWAN

Minister of National Development Planning/Head of Bappenas, Suharso Monoarfa, presented the government's views on the State Capital Bill to the Chairman of the House of Representatives, Puan Maharani, during a plenary meeting at the Parliament Complex in Senayan, Jakarta, on Tuesday (18/1/2022). The House of Representatives passed the State Capital Bill into law.

Aan said that the creation of laws should involve the community. Involvement starts with distributing the draft of the bill to the public as their right to information. After that, the public can read and give feedback. The government has an obligation to listen and consider public input, as well as provide an explanation if the input is rejected.

Even if people's aspirations are not accepted, the community has the right to receive an explanation as to why they are not accepted.

"Even if people's aspirations are not accepted, the community has the right to receive an explanation as to why they are not accepted," said Aan.

Failure to carry out this process, according to Aan, renders the DKJ Act formally flawed and potentially subject to constitutional court challenges. Aan regrets that the process of forming the DKJ Act was brief and did not involve public participation, similar to when the government ratified the Job Creation Law, the Corruption Eradication Commission Law, and the Capital City National Law.

According to Aan, forming laws without considering people's aspirations is repressive and not in accordance with people's values.

"The long-term impact is the loss of public trust. The public will not comply with the law because they feel it is not their law. In addition, law enforcement will also exercise power, and the image of the rule of law will be tarnished," he said.

The long-term impact is a loss of public trust. The public will not obey the law because they feel it is not their law.

Specifically, according to Aan, the Constitutional Court must be able to cancel the DKJ Law as a lesson to the government. "Otherwise, the essence of a democracy where the people are for the people will change into one where the rulers are for the rulers," said Aan.

KOMPAS/SUCIPTO

Deputy Minister of State-Owned Enterprises Kartika Wirjoatmodjo (center) poses for a photo at Zero Point in the National Capital, Friday (23/11/2022).

The transfer awaits the presidential decree

The issue of air pollution is not new. The community has been facing the threat of air pollution for a long time, and there is no shortage of research evidence that indicates the impact of air pollution. However, this has not yet led to significant efforts to control air pollution. As a result, residents are increasingly suffering from the effects of air pollution. In the DKJ law, it is stated that there is a transitional period for the relocation of the capital city, so that Jakarta can plan for gradual adjustment in line with ongoing development in the new capital region. This is stated in Article 63 of the DKJ law, which reads that the Special Capital Region of Jakarta will remain the capital city until the president makes a decision to relocate the capital from Jakarta to the new region.

Also read: DKJ Bill Passed, Capital City Relocation Await Presidential Decree

Article 71 of the DKJ Law mandates that the implementing regulations of the DKJ Law be established within a maximum of two years. "This law takes effect upon the presidential decision regarding the relocation of the capital of the unitary state of the Republic of Indonesia from the Special Capital Region of Jakarta to the National Capital," reads provision 73 of this Law.

This law comes into effect at the time of the presidential decision regarding the relocation of the capital of the Republic of Indonesia from the Special Capital Region of Jakarta Province to the National Capital.

Interior Minister Tito Karnavian has stated that the government and the DPR have a shared vision regarding the transition period for relocating the national capital. "Regarding the transition period, it is the time of relocation that will be determined by the president through the regulations that fall under the president's authority, both Perpres and Keppres," said Tito last March.

Pratikno added, "What is clear, wait for the readiness of the IKN and the presidential decree. Ask the Minister of Home Affairs for details."