Javascript must be enabled to continue!
Examining the Legal Standing of IKN Authority Regulations within Indonesian’s Legislation System
View through CrossRef
This study scrutinizes the status of the regulations enacted by the Nusantara Capital City Authority (IKN Authority) within the Indonesian legislative hierarchy, based on Law Number 3 of 2022, also known as the IKN Law. A normative research approach underpins this analysis, utilizing legislative and conceptual methodologies. The investigation concludes that the IKN Law’s Article 5 paragraph 6, was drafted to accommodate all regulations formulated by the IKN Authority. These regulations, born out of the authority's attribution, hold an equivalent standing to those issued by a minister, institution, or agency at the central level given that the IKN Authority is an institution at the ministerial level. Consequently, the formulation of these regulations adheres to the rules governing central-level regulations, with the Supreme Court conducting their review. The unique aspect is the subject matter, which relates to the governance structure of the IKN Authority. Moreover, the formulation of regulations by the IKN Authority should: 1) Define the IKN entity’s position as a unique regional government entity; 2) Outline the types of regulations to be enacted; 3) Clarify the source of authority, which is attribution-based; 4) Specify its position in the hierarchy, equivalent to Regional Regulations; 5) Detail the formulation process and treatment, aligning it with the creation of regional legal products; 6) Elucidate the subject matter of the Regulatory Authority; and 7) Highlight the review process, which can be escalated to the Supreme Court.
UIN Prof. K.H. Saifuddin Zuhri
Title: Examining the Legal Standing of IKN Authority Regulations within Indonesian’s Legislation System
Description:
This study scrutinizes the status of the regulations enacted by the Nusantara Capital City Authority (IKN Authority) within the Indonesian legislative hierarchy, based on Law Number 3 of 2022, also known as the IKN Law.
A normative research approach underpins this analysis, utilizing legislative and conceptual methodologies.
The investigation concludes that the IKN Law’s Article 5 paragraph 6, was drafted to accommodate all regulations formulated by the IKN Authority.
These regulations, born out of the authority's attribution, hold an equivalent standing to those issued by a minister, institution, or agency at the central level given that the IKN Authority is an institution at the ministerial level.
Consequently, the formulation of these regulations adheres to the rules governing central-level regulations, with the Supreme Court conducting their review.
The unique aspect is the subject matter, which relates to the governance structure of the IKN Authority.
Moreover, the formulation of regulations by the IKN Authority should: 1) Define the IKN entity’s position as a unique regional government entity; 2) Outline the types of regulations to be enacted; 3) Clarify the source of authority, which is attribution-based; 4) Specify its position in the hierarchy, equivalent to Regional Regulations; 5) Detail the formulation process and treatment, aligning it with the creation of regional legal products; 6) Elucidate the subject matter of the Regulatory Authority; and 7) Highlight the review process, which can be escalated to the Supreme Court.
Related Results
Legal Challenges to Local Communities' Land Rights in the Capital City of Nusantara
Legal Challenges to Local Communities' Land Rights in the Capital City of Nusantara
This study aims to analyze land policies before and after the establishment of the National Capital City (IKN), including regulations on restrictions or freezes on land rights tran...
Prospek Pemindahan Ibu Kota Nusantara (IKN) dalam Konteks Pembangunan Ekonomi Inklusif dan Berkelanjutan di Indonesia
Prospek Pemindahan Ibu Kota Nusantara (IKN) dalam Konteks Pembangunan Ekonomi Inklusif dan Berkelanjutan di Indonesia
Abstract Indonesia is currently facing a significant challenge, namely the development gap. The gap is reflected in Indonesia's spatial economic conditions, which are dominated by ...
TINGKAT KESIAPAN MASYARAKAT BALIKPAPAN DALAM PEMBANGUNAN IKN NUSANTARA
TINGKAT KESIAPAN MASYARAKAT BALIKPAPAN DALAM PEMBANGUNAN IKN NUSANTARA
Balikpapan sebagai salah satu daerah penyangga IKN Nusantara memiliki banyak potensi yang dapat dikembangkan karena hampir seluruh infrastruktur pendukung untuk pembangunan IKN Nus...
Ordering national legislation as one of priorities of the legal policy of Ukraine
Ordering national legislation as one of priorities of the legal policy of Ukraine
In the article was noted that nowadays a characteristic feature of the national legal system of Ukraine is quite intense, however, mostly chaotic, unsystematic, uncoordinated norma...
Challenges and Opportunities in Meeting the Needs of IKN Weapon Systems in the Era of Modern Weaponry Technologies
Challenges and Opportunities in Meeting the Needs of IKN Weapon Systems in the Era of Modern Weaponry Technologies
The relocation of Indonesia's capital city to East Kalimantan has implications for defense and security. This research analyzes the challenges and opportunities of fulfilling the m...
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere is a monograph that argues for a fundamental reorientation of constitutional law around the realities of biospheric interdep...
Accelerating Structural Transformation through IKN: An Analysis Study of the Formation of a New Economic Base and Its Impact on Indonesia's Competitiveness
Accelerating Structural Transformation through IKN: An Analysis Study of the Formation of a New Economic Base and Its Impact on Indonesia's Competitiveness
Structural transformation is an important process in the economic development of a country. In Indonesia, the plan to move the National Capital City (IKN) from Jakarta to Nusantara...
OPINI PUBLIK BERDASARKAN TEORI AGENDA SETTING PADA PROSESPERENCANAAN PEMINDAHAN IKN
OPINI PUBLIK BERDASARKAN TEORI AGENDA SETTING PADA PROSESPERENCANAAN PEMINDAHAN IKN
Pemerintah merencanakan pemindahan ibu kota negara (IKN) ke Kalimantan Timur, yang telah disepakati oleh DPR RI pada awal 2022. Meskipun terdapat lebih dari enam pertimbangan utama...

