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All Journal Justitia et Pax Golden Ratio of Law and Social Policy Review (GRLSPR)
Ahla Nurus Saada
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Constitutionality Of Independent Government Regulations (PP) In Indonesia Ahla Nurus Saada
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2142

Abstract

This study examines the constitutionality of independent Government Regulations (PP) within the Indonesian legal system. Independent Government Regulations (PP) are regulations issued by the President without an explicit delegation of authority from a law, but based on the attribution of authority under Article 5 (2) of the 1945 Constitution. This phenomenon has sparked debate regarding its compatibility with the principles of the rule of law and the principle of legality. Using a normative legal approach, this study analyzes legislation, Supreme Court decisions, and the opinions of constitutional law experts through a literature review. The research findings indicate that independent Government Regulations (PP) are constitutional as long as their issuance is based on the President’s delegated authority and does not conflict with laws or the 1945 Constitution. However, their existence must remain subject to oversight through the Supreme Court’s judicial review mechanism to ensure their conformity with the hierarchy of legislation and the principle of legality. These findings underscore the importance of legal clarity in the formulation of Government Regulations to prevent legal uncertainty and potential abuse of authority, while simultaneously strengthening the constitutional system and regulatory framework in Indonesia.
KEWENANGAN OTORITA IKN DALAM PEMBUATAN PERJANJIAN INTERNASIONAL UNTUK PEMBANGUNAN IBU KOTA NUSANTARA Sekar Dwiyanti; Nur Azmi Azis; Millatus Shohihah; Ahla Nurus Saada
Justitia et Pax Vol. 42 No. 1 (2026): Justitia et Pax Volume 42 Nomor 1 Tahun 2026
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v42i1.11812

Abstract

The development of the Nusantara Capital City (IKN) in East Kalimantan, mandated by Law Number 3 of 2022, is a strategic national project to establish a smart, sustainable, and inclusive city as Indonesia’s new administrative and economic hub. The IKN Authority, a ministerial-level body, was established to manage the development with extensive powers, including forging international cooperation for funding, technology transfer, and infrastructure development. However, these powers are constrained by Law Number 37 of 1999 on Foreign Relations, which requires coordination with the central government. This study examines the IKN Authority’s powers in entering international agreements to support IKN development and how national regulations govern these powers. Employing a normative legal approach, the study analyzes legislation, official documents, and academic literature to identify the scope of the IKN Authority’s powers and its coordination mechanisms with the central government. The findings reveal that while the IKN Authority has flexibility in attracting foreign investment and forming international partnerships, it must coordinate with the Ministry of Foreign Affairs to align with national interests. This includes approval and oversight procedures, which may impact the efficiency of international cooperation.
Co-Authors Millatus Shohihah Nur Azmi Azis Sekar Dwiyanti