BADAN OTORITA IBU KOTA NUSANTARA DITINJAU BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Abstract

Indonesia's decision to move the country's capital outside the island of Java, namely Penajam Pasir Utama, East Kalimantan and parts of Kutai Kartanegara in East Kalimantan as locations for the construction of the new capital of the Re-public of Indonesia aims to accelerate the reduction of inequality and increase regional economic growth outside Java, especially the eastern region of Indonesia. . The legal basis for the capital of the archipelago is regulated through Law Num-ber 3 of 2022. However, there are quite a lot of questionable articles in this Law. Both regarding the special autonomy status applied to the capital of the archipel-ago, the body of the authority of the capital of the archipelago which is not recog-nized in the constitution, the procedures for selecting and appointing the head/deputy of the authority of the capital of the archipelago which violates dem-ocratic values, because the appointment is not made by election through the vote of the people . Another interesting thing is that the regional government specifi-cally for the capital of the archipelago is only organized by the National Capital Authority of the Archipelago without the existence of a Regional People's Repre-sentative Council as applies to regional forms of government in general, as well as several other issues. This is a dynamic in a democratic rule of law state. So, in order to remain obedient to the constitution and to maintain the quality of de-mocracy in Indonesia, it is necessary to reorganize the legislation of Law Number 3 of 2022 concerning National Capital in order to avoid problems that are clearly confusing which appear to be on the surface in terms of regulations so that in the future it does not have a major impact on progress of Indonesian democracy.