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All Journal Kertha Patrika Open Access DRIVERset
Rubén Martínez Dalmau
Derecho Constitucional en la Universitat de València
Law, Crime, Criminology & Criminal Justice

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Discourse on State Capture and Legislative Corruption in the Formation of the National Capital City Law Sagung Mirah Pradnya Putri; Rubén Martínez Dalmau
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p05

Abstract

This study examines state capture as a form of legislative corruption in the enactment of Law Number 3 of 2022 concerning the National Capital. Both procedural and substantive aspects of the IKN Law are evaluated against established principles of legislative formation, Constitutional Court jurisprudence, and the foundations of popular governance under the rule of law. Employing a socio-legal approach, the research integrates normative juridical analysis with qualitative empirical methods. The methodology includes analysis of legislation, Constitutional Court decisions, legislative documents, and reports from monitoring institutions, as well as document analysis and interviews with academics and civil society activists to gather empirical insights. The findings indicate that the IKN Law was expedited, providing minimal opportunity for meaningful public participation. This process contravened the transparency and participation principles outlined in the Law on the Formation of Legislation and reaffirmed in Constitutional Court Decision Number 91/PUU-XVIII/2020. Furthermore, the law grants the IKN Authority extensive powers without instituting sufficient checks and balances. The evidence demonstrates state capture, in which legislation is used to legitimize particular interests and undermine democratic oversight. These developments present significant threats to the rule of law, government accountability, and the principle of popular sovereignty within Indonesia's constitutional framework. 
Discourse on State Capture and Legislative Corruption in the Formation of the National Capital City Law Sagung Mirah Pradnya Putri; Rubén Martínez Dalmau
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p05

Abstract

This study examines state capture as a form of legislative corruption in the enactment of Law Number 3 of 2022 concerning the National Capital. Both procedural and substantive aspects of the IKN Law are evaluated against established principles of legislative formation, Constitutional Court jurisprudence, and the foundations of popular governance under the rule of law. Employing a socio-legal approach, the research integrates normative juridical analysis with qualitative empirical methods. The methodology includes analysis of legislation, Constitutional Court decisions, legislative documents, and reports from monitoring institutions, as well as document analysis and interviews with academics and civil society activists to gather empirical insights. The findings indicate that the IKN Law was expedited, providing minimal opportunity for meaningful public participation. This process contravened the transparency and participation principles outlined in the Law on the Formation of Legislation and reaffirmed in Constitutional Court Decision Number 91/PUU-XVIII/2020. Furthermore, the law grants the IKN Authority extensive powers without instituting sufficient checks and balances. The evidence demonstrates state capture, in which legislation is used to legitimize particular interests and undermine democratic oversight. These developments present significant threats to the rule of law, government accountability, and the principle of popular sovereignty within Indonesia's constitutional framework. 
Co-Authors Sagung Mirah Pradnya Putri