POLITIK HUKUM PEMINDAHAN IBUKOTA NEGARA INDONESIA DITINJAU DARI UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Abstract

The discourse on relocating the State Capital by the President of the Republic of Indonesia
from Jakarta to East Kalimantan raises many pros and cons. Those who are pro think
it is necessary to move the national capital to East Kalimantan considering that Jakarta bears
too heavy a burden as the center of government, business center, financial center, trade center
and service center. Meanwhile, the contenders stated that it was not enough to relocate
the State Capital with the policy of the President as the highest authority in the country. A
clear regulation in the form of a Law must be issued immediately so that the President's discourse
has a clear legal basis. The President's policy without the support of regulations in the
form of a Law on this project to relocate the State Capital is not the manifestation of a rule of
law. On the other hand, in the concept of limiting power, the policy of relocating the State
Capital is deemed necessary to involve elements of other state institutions, especially in terms
of legislation and regulations
This research is a normative juridical research, which is based on legal and statutory
materials. The approach taken includes a literature approach, namely by studying books and
laws and regulations. The type of data used is the type of premier data, secondary data
sources, namely data sources that come from books and other regulations. The theory used in
this research is the theory of political law and the theory of separation of powers.
From the results of the research, there are two main points that can be concluded
where the political law desired by the constitution begins with the goal of the state, namely
the welfare of the public at large, which is contained in the preamble to the 1945 Constitution,
especially regarding public participation. So the transfer of the nation's capital is not in
accordance with the goals of the nation and state as stated in the 1945 Constitution. where
Montesquieu divides executive, legislative and judicial powers. Although in principle the authority
is divided, in the formation of a law (uu the capital of the country) it must be based on
mutual agreement between the president and the DPR. Meanwhile, the president's unilateral
policies do not reflect proregative rights as stipulated in the 1945 Constitution and preclude
the possibility of public participation. So if the old law has not been revoked / repealed, the
law is still in effect and the president's policy is null and void because there is no binding legal
basis.
Keywords: Law Politics, Rule of Law, Policy, UUD 1945.