State Capital Act 2023

Last updated

UU Ibu Kota Negara (UU IKN)
National emblem of Indonesia Garuda Pancasila.svg
People's Representative Council
  • Undang-undang Nomor 21 Tahun 2023 tentang Perubahan atas Undang-undang Nomor 3 Tahun 2022 tentang Ibu Kota Negara(Law No. 21/2023 on Amendment of Law No. 3/2022 on State Capital)
CitationLaw No. 21/2023
Territorial extent Nusantara
Passed by People's Representative Council
Passed3 October 2023
Commenced31 October 2023
Legislative history
Bill titleRUU Perubahan atas Undang-undang (UU) Nomor 3 Tahun 2022 tentang Ibu Kota Negara (Bill on Amendment to Law No. 3/2022 Re: State Capital)
Introduced21 August 2023 (2023-08-21)
Amends
Law on State Capital
Status: In force

The 2023 State Capital Act (Indonesian : Undang-Undang Ibu Kota Negara/UU IKN 2023) is an omnibus bill to amend the previous Law on State Capital, a piece of law to relocate capital of Indonesia from Jakarta to Nusantara at East Kalimantan as new capital of Indonesia. Introduced on 21 August 2023, [1] the omnibus bill was passed into law on 3 October 2023. [2] The law intended to amend and expand the power given to the Nusantara Capital City Authority (OIKN). [3]

Contents

The bill was approved with almost all fractions in People's Representative Council (DPR). In unusual move, Democratic Party one of two opposing parties opposing Joko Widodo administration also supporting the law. Only Prosperous Justice Party rejected the law passage. [4]

Changes and Amendments

There are 9 changes to the Law on State Capital introduced by the bill: [3]

Notable Changes

Some notable changes are: [2]

Expansion of the Nusantara Capital City Authority' powers

The new bill expanded the power of the Authority to include investment licensing, easing businesses, providing special facilities to funders of Nusantara facilitators, its developers and its satellite areas. [2]

Agrarian affairs autonomy

The new bill granted special agrarian affairs to the Authority to manage land use and spatial management within Nusantara. [2]

Position filling autonomy

The new bill granted autonomy to the Authority to fill the Deputies and/or other high positions within the Authority with non-state apparatus experts. Thus, making the Authority having "mini cabinet"-like structure similar to the Presidential Cabinet.

Financing autonomy

The Authority granted power to issue bonds and securities to provide funding for Nusantara development. It also granted power to the Authority to make foreign loans with permission of the Ministry of Finance. [2]

Extremely long cultivation rights and building use rights to the Investors

The law granted 190-years cultivation rights to anyone who invest in Nusantara. The 190-years cultivation rights not given at once but given by 2 cycles with each cycle has 95 years long. The law also granted 160-years building use rights to anyone who invest in Nusantara, given by 2 cycles with each cycle has 80 years long. [2]

Status of Nusantara Capital City Authority assets

The Authority assets' status is much like treated in manner similar as state-owned enterprises rather than state-owned government institutions. As result, it may purchasable, exchanged, granted, or being included in equity capital for funding Nusantara development. [2]

People Representation within Nusantara

By the law, future Nusantara people representation is solely exercised by members of Commission II of the DPR. There will be no representatives for Nusantara region in local or regional level. [5]

"Sweeper" Article 42

Article 42 of the law noted as "omni-sweeper article", because its sweeping power in cancelling of any effects of regulations and laws that may limit or obstruct the capital relocation. [6] Many legal experts condemned the article because its perceived unconstitutionality and accused the Joko Widodo administration as pro-Investor. [7] [8]

Criticism

Only Prosperous Justice Party condemned the passage of the law in parliament. [9]

Indonesian Legal Aid Foundation condemned the passage of the law, especially because the sweeper Article 42, condemning the passage as unconstitutional. [8]

Related Research Articles

The Indonesian electoral law of 2017, also known in Indonesia as Undang-Undang Pemilu, is the law regulating elections in Indonesia. Officially, it is known as the Law Number 7 of 2017. The law was passed in July 2017 following nine months of debate in the People's Representative Council.

<span class="mw-page-title-main">2019 Indonesian protests and riots</span> Series of mass protest

A series of mass protests led by students took place at major cities in Indonesia from 23 September 2019, to rally against new legislation that reduces the authority of the Corruption Eradication Commission (KPK), as well as several bills including a new criminal code that penalises extramarital sex and defamation against the president. The protesters consisted of mostly students from over 300 universities, with no association with any particular political parties or groups. The protests were the most prominent student movement in Indonesia since the 1998 riots that brought down the Suharto regime.

<span class="mw-page-title-main">Onward Indonesia Cabinet</span> Current government of Indonesia

The Onward Indonesia Cabinet is the current Cabinet of Indonesia. It was announced by President Joko Widodo on 23 October 2019. The president has so far reshuffled the cabinet on ten occasions. The last reshuffle occurred in February 2024.

<span class="mw-page-title-main">Edhy Prabowo</span> Indonesian politician

Edhy Prabowo is an Indonesian politician from the Great Indonesia Movement Party (Gerindra). He served as Minister of Maritime Affairs and Fisheries from October 2019 until his arrest for alleged corruption in November 2020. He has served as Chairperson of Commission IV of the House of Representatives and was chair of the Gerindra Faction there from 2014–2019.

<span class="mw-page-title-main">Indonesia omnibus law protests</span> 2020 Indonesian protests against controversial law

The Indonesia omnibus law protests were a series of demonstrations and civil disorder against Indonesia's Omnibus Law on Job Creation which was passed on 5 October 2020 as well as President Joko Widodo. Demonstrations had begun on 13 January 2020 while the then-bill, claimed by the government as vital to boosting the country's manufacturing industry and foreign investment, was still being drafted. Protesters were concerned with the law's impact on the protection of the environment and working conditions.

The Job Creation Act, officially Act Number 11/2020 on Job Creation, is a bill that was passed on 5 October 2020 by Indonesia's People's Representative Council (DPR), with the aim of creating jobs and raising foreign and domestic investment by reducing regulatory requirements for business permits and land acquisition processes. Due to its length of 1,035 pages and its coverage of many non-employment sectors, it is also referred to in Indonesia as an omnibus bill. The final draft was changed to 812 pages due to pagination being changed to legal format. After being passed into law, there were various substantial text alterations and deletions, as well as procedural issues, which made its legal status eligible for being formally annulled.

The Law on Sexual Violence Crimes is a law aimed to tackle sexual violence in Indonesia. The bill of the law was proposed on January 26, 2016. The law focuses on the prevention of sexual violence, more rights for victims and to acknowledge marital rape.

<span class="mw-page-title-main">National Research and Innovation Agency</span> Indonesian research superagency

The National Research and Innovation Agency is a cabinet-level government agency formed by the Indonesian government in 2019. Originally a new agency attached to the Ministry of Research and Technology, which became the Ministry of Research and Technology/National Research and Innovation Agency, the agency was controversially separated and established as a new non-ministerial government agency directly under the President of Indonesia on 28 April 2021. On 24 August 2021, the agency gained cabinet-level status through enactment of Presidential Decree No. 78/2021. Under the new presidential regulation, the agency became the sole national research agency of Indonesia.

<span class="mw-page-title-main">Nusantara Capital City Authority</span>

Nusantara Capital City Authority is a cabinet level-agency formed by the Indonesian government, working directly under the President of Indonesia. The agency will become a special agency tasked with managing and governing the city of Nusantara, future capital of Indonesia located on Kalimantan.

Law on State Capital is an omnibus law to relocate capital of Indonesia from Jakarta to Nusantara at East Kalimantan as new capital of Indonesia. The omnibus bill of the law was passed into law on 18 January 2022, and finally commenced on 15 February 2022.

<span class="mw-page-title-main">Nusantara (planned city)</span> Future capital city of Indonesia

Nusantara, officially the Capital City of Nusantara, is the future capital of Indonesia, scheduled to be inaugurated on 17 August 2024, coinciding with Indonesian Independence Day. Nusantara will replace Jakarta as the national capital, a position the latter city has held since the country's proclamation of independence in 1945.

The People's Consultative Assembly, the bicameral legislature of Indonesia, passed a series of resolutions of the People's Consultative Assembly or TAP MPR throughout the 1960s, to the very last issued in 2003.

The Law on Law Formulation or officially titled Law No. 13/2022 in regards of Second Amendment of Law No. 12/2011 on Law Formulation is a law that enables formulation of omnibus law in Indonesia.

<span class="mw-page-title-main">Central Papua</span> Province in Indonesia

Central Papua, officially the Central Papua Province is an Indonesian province located in the central region of Western New Guinea. It was formally established on 11 November 2022 from the former eight western regencies of the province of Papua. It covers an area of 61,072.92 km2 and had an officially estimated population of 1,430,951 in mid 2022. It is bordered by the Indonesian provinces of West Papua to the west, the residual province of Papua to the north and northeast, by Highland Papua to the east. and by South Papua to the southeast. The administrative capital is located in Wanggar District in Nabire Regency, although Timika is a larger town.

The Law on South Kalimantan province, officially Law Number 8 of 2022, is a law passed by the People's Representative Council of Indonesia regarding the existence of the province of South Kalimantan. The law is one of several laws passed with relatively minor changes to provide an updated legal basis for the existence of Indonesian provinces; previously, the legal standing for many Indonesian provinces was based on laws from the era of the United States of Indonesia. However, while other provinces' laws were passed uncontroversially without major change, South Kalimantan's province law was passed with a sudden change of the capital city from Banjarmasin to Banjarbaru. This change led to a court challenge from elements associated with Banjarmasin city, with consequent response from Banjarbaru city.

<span class="mw-page-title-main">Indonesian Criminal Code</span> Criminal Code of Indonesia

The Indonesian Criminal Code, commonly known in Indonesian as Kitab Undang-Undang Hukum Pidana, abbreviated as KUH Pidana or KUHP), were laws and regulations that form the basis of criminal law in Indonesia. By deviating as necessary from Presidential Regulation dated 10 October 1945 No. 2, it stipulated that the criminal law regulations that are in effect are the Dutch criminal law regulations that existed on 8 March 1942. Currently, the Republic of Indonesia has its own Criminal Code, that is due to take effect in 2026.

The Criminal Code Act 2023, or the 2023 Indonesian Criminal Code, is the new Indonesian criminal code replacing the Dutch-era code. The law is the most expensive and longest ever made in Indonesia, as it has been more than 50 years in the making since its first formulation.

2023 (MMXXIII) was a common year starting on Sunday of the Gregorian calendar, the 2023rd year of the Common Era (CE) and Anno Domini (AD) designations, the 23rd year of the 3rd millennium and the 21st century, and the 4th year of the 2020s decade.

The 2023 Omnibus Law on Job Creation is replacement of the Omnibus Law on Job Creation. The law is passed by the People's Representative Council on 21 March 2023. The law commenced on 31 March 2023.

References

  1. ↑ Media, Kompas Cyber (22 August 2023). "Revisi UU IKN Diajukan, Luas Wilayahnya Bakal Berubah Halaman all". KOMPAS.com (in Indonesian). Retrieved 5 October 2023.
  2. 1 2 3 4 5 6 7 Indonesia, C. N. N. "Poin-poin Perubahan UU IKN yang Disahkan DPR Hari Ini". nasional (in Indonesian). Retrieved 5 October 2023.
  3. 1 2 Media, Kompas Cyber (21 August 2023). "9 Poin Revisi Undang-undang IKN, Berikut Daftarnya". KOMPAS.com (in Indonesian). Retrieved 5 October 2023.
  4. ↑ "Ditolak PKS dan Diberi Catatan Demokrat, Revisi UU IKN Disahkan DPR". Republika Online (in Indonesian). 3 October 2023. Retrieved 5 October 2023.
  5. ↑ "Wakil Rakyat IKN Diputuskan dari DPR". kaltimpost.id. Retrieved 5 October 2023.
  6. ↑ Media, Kompas Cyber (3 October 2023). "Pasal 42 UU IKN Baru: Peraturan yang Bertentangan dengan Pembangunan IKN Dinyatakan Tak Berlaku". KOMPAS.com (in Indonesian). Retrieved 5 October 2023.
  7. ↑ Yaputra, Hendrik (4 October 2023). "Keberadaan Pasal Sapu Jagat di UU IKN". Tempo. Retrieved 5 October 2023.
  8. 1 2 Indonesia, C. N. N. "YLBHI Kritik Keras 'Pasal Sapu Jagat' di UU IKN". nasional (in Indonesian). Retrieved 5 October 2023.
  9. ↑ Indonesia, C. N. N. "Delapan Catatan Jadi Dasar PKS Tolak Pengesahan RUU IKN". nasional (in Indonesian). Retrieved 5 October 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.