The Discrepancy in the Regional Government System for the State Capital Special Region (IKN) of Nusantara

Abstract

The relocation of the National Capital City (IKN) from DKI Jakarta to IKN Nusantara as stated in Act No. 3 of 2022 describes the dynamics of Indonesia’s local government system. The legal issues are the regional status at the provincial level and the IKN Authority as the local government there. It is necessary to conduct a study by referring to the appropriate rules to determine the suitability or discrepancy so that the concept can be applied correctly. This research will explore answers about the concept of power and territoriality of local government conceptually and juridically accompanied by an analysis of IKN. The answers from this research will be very helpful for lawmakers to consider the concept of regional government and the territorial status of IKN Nusantara and other regions. The method in this study is normative with the type of library research. The legal materials will be analyzed by qualitative methods. This research concludes that there is a discrepancy between the concept of power and territoriality of the regional government specifically for IKN which is proven by the special regional system at the provincial level which is not known in the division of territory  as stated in Article 18 paragraph (1) of the UUD 1945, as well as the application of administrative areas that are independent of the existence of an autonomous region in IKN that is not following the conception of local government which adheres to an integrated prefecture system and the spirit of post-reform regional autonomy.