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All Journal Awang Long Law Review
Husni Thamrin
Awang Long School of Law, Samarinda, Indonesia
Law, Crime, Criminology & Criminal Justice

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LEGAL POSITION OF THE CAPITAL CITY OF THE ARCHIPELAGO IN THE INDONESIAN CONSTITUTIONAL SYSTEM Husni Thamrin; Norhayah Zulkifli; Muhammad Husni Fahrudin
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2367

Abstract

This study aims to analyze the legal provisions for the Indonesian Capital City, its legal status within the Indonesian constitutional system, and its legal implications for governance. This study begins with the establishment of the Indonesian Capital City through Law Number 3 of 2022 as amended by Law Number 21 of 2023, which not only relocates the nation's capital but also establishes a special regional government design through the Indonesian Capital City Authority. This study uses normative legal methods with statutory, conceptual, and constitutional approaches. The data used are primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that the legal provisions for the Indonesian Capital City have a constitutional basis based on the principles of the rule of law, regional governance, central-regional relations, and the recognition of special regional government units. Formally, the Indonesian Capital City is positioned as a special regional government unit at the provincial level, but substantively exhibits an administrative-centralistic character because it is led by a Head of Authority appointed by the President, holds a ministerial position, and is not accompanied by a Regional People's Representative Council (DPRD). Therefore, the IKN can be understood as a sui generis constitutional entity. Its legal implications are evident in the narrowing of local political autonomy, the strengthening of vertical central-regional relations, the weakening of local checks and balances, the limitation of community political representation, and the potential for normative disharmony within the Indonesian constitutional system.
THE STATE OF LAW AND DEMOCRACY: THE REALITY OF STATE IN THE CONSTITUTIONAL SYSTEM IN INDONESIA Husni Thamrin; Muhammad Arganata Thamrin; Muhammad Husni Fahrudin; Leonito Ribeiro
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2028

Abstract

Indonesia constitutionally affirms itself as a state based on law (rechtsstaat), but in practice, tensions often arise between the supremacy of law and political interests. This article aims to analyze the dialectical relationship between the concept of the rule of law and democracy in the Indonesian constitutional system, particularly in the context of post-2024 election dynamics. Using a normative legal approach and an analysis of responsive legal typology by Philippe Nonet and Philip Selznick, this study finds that law enforcement in Indonesia still faces major challenges in the form of legal politicization, the weakening of independent institutions, and a shift towards semantic constitutionalism. This study concludes that strengthening constitutional democracy requires the integration of responsive law, strong political ethics, and constitutional adaptation to digital disruption to maintain genuine popular sovereignty.
Co-Authors Leonito Ribeiro Muhammad Arganata Thamrin Muhammad Husni Fahrudin Norhayah Zulkifli