KEDUDUKAN DAN PEMBATASAN MATERI MUATAN PERATURAN KEPALAOTORITA IKN DALAM KONSTRUKSI PERATURAN PERUNDANG-UNDANGAN

Abstract

The relocation of the National Capital has far-reaching implications, particularly in terms of regulations, as evidenced by the enactment of the Head of the Capital City Authority Regulation mentioned in Law No. 3 of 2022 on the National Capital and Presidential Regulation No. 62 of 2022 on the IKN Authority. Currently, there are 11 such regulations covering spatial planning, organizational structure, and personnel. These regulations are conceptually ambivalent because, on one hand, the IKN Authority is positioned at the ministerial level, while, it is considered a local government entity. Therefore, this study aims to examine these regulations by first identifying their scope and proposing limitations to avoid ambiguity and confusion, allowing for better control in the future. The research methodology is statute, conceptual, and comparative approach. Qualitative analysis of primary, secondary, and tertiary legal materials will be conducted. The findings of this research are as follows: First, the IKN Authority shares similarities with other authorities in Indonesia in several aspects but stands out due to its unique status as a local government entity. Second, the Head of the IKN Authority Regulations are identified as legal products within the category of “Verordnung en Autonome Satzung.” Third, these regulations, after identification, must adhere to specific aspects: 1) they should not regulate criminal provisions; 2) they must not interfere with concurrent regional matters; 3) their jurisdiction is limited to the scope of the IKN Nusantara Provincial-Level Area; and 4) they should be subject to executive review for oversight.