Analysis of Government Acts in the Transfer of the State Capital to

Nusantara based on State Administrative Law Perspective.

Esti Rahmadhani (D1A022145) , Fadhela Hania Sukmana (D1A022147) , Mahben Subhan

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Azizun Hakim (D1A022203) , Salsabila Maudry Azhari (D1A022283)⁴.

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Abstract
This article examines the transfer of the state capital to Nusantara from the perspective of state
administrative law. It explores the significance of a capital city in symbolizing a nation's identity
and power. The paper analyzes the historical relocations of the capital city in Indonesia and the
role of the President and the People's Consultative Assembly in decision-making. It investigates
the various types of government acts and decisions involved in the relocation process. The
article concludes by emphasizing the importance of a meticulously planned and long-term vision
for the new capital city that aligns with the nation's aspirations and principles.
Keywords: State capital, Nusantara, State Administrative Law, Identity, Power, Historical
Relocations, President, People's Consultative Assembly, Government Acts, Decision-making,
Planned Vision, Aspirations, Principles.

1. INTRODUCTION
Capital city, according to the Big Indonesian Dictionary (KBBI), is defined as the city
where the center of a country's government is located or where the executive, legislative, and
judicial administrative elements are gathered. The existence of a capital city in a country usually
symbolizes the identity of the nation that makes up the country. Bartolini (2005) says that the
national capital is a significant component that illustrates national identity, as the location of a
country's power or represents the magnitude of a country's power, and also as a focal point of
the existence of support groups, conflicts and cohesion between groups that make up a
state/nation.

The national capital is also a political center, having an important function in the power
debate in order to legitimize the power. The expected capital city of the Republic of Indonesia is
a capital city that reflects the identity of the Indonesian nation. Indonesia, which has a
population of around 237 million people, has a rich heritage of around 1100 ethnic groups, 700
local languages, 300 dance styles, 400 folk songs, and 23 customary environments, living as a
nation and state in a variety of diversity and differences that have worked well so far, because it
is based on - 13 - Pancasila as the basis of state and national ideology, and framed through
Bhinneka Tunggal Ika.

Noting the importance of the symbolic aspect of the country through this capital city,
raises the need for the design of the State Capital of the Republic of Republic of Indonesia that
can represent the identity and unity of the nation within the framework of nation and state
building; reflect the diversity of Indonesia; and increase the appreciation of Pancasila.
appreciation of Pancasila.

Building and reorganizing the National Capital City certainly requires a mature concept
and is based on a long-term vision of a nation, vision of a nation. The development of a new
capital city is usually associated with the development of urban development issues and the
needs of the nation that underlie the consideration of moving the capital city. The new city
planning and development paradigm planning and development paradigm then comes as one of
the important considerations in the development of the national capital in the new location.

2. ANALYSIS AND DISCUSSION

a. The type of moving the national capital

Indonesia has relocated they capital city multiple times. Indonesian has already
relocated they capital city five times since 1945 when Jakarta be their capital city in De
Facto.

 Jakarta (August 17, 1945)

On August 17, 1945 Jakarta became the capital city in De Facto because the
proclamation of independence was carried out by President Soekarno and
Vice President Mohammad Hatta at Jalan Pegangsaan Timur No. 56, Jakarta.
Therefore, Jakarta became the de facto capital of Indonesia.
 Yogyakarta (January 4, 1946)
The Indonesian government secretly moved the capital to Yogyakarta by
train in the middle of the night in 1946, after the Dutch East Indies Civil
Administration returned to Jakarta.
  Bukittinggi, December 19, 1948:
Following the Second Dutch Military Aggression in Yogyakarta, the
president and several high state officials were arrested and exiled. While in
Bukittinggi, Minister Syafruddin Prawiranegara was appointed by the
president to lead as chairman of the Emergency Government of the Republic
of Indonesia (PDRI). This emergency government was established to
demonstrate the sovereign independence of the Indonesian government to
other nations.
 Yogyakarta December 27, 1949:
On December 27, 1949, the Netherlands relinquished their authority over the
Dutch East Indies in the Round Table Conference held in The Hague. The
conference led to the creation of the government of the Republic of Indonesia
Union (RIS), and Yogyakarta regained its status as the capital city.
 Jakarta (17 Agustus 1950)
After the dissolution of the RIS and changed into the Unitary State of the
Republic of Indonesia (NKRI) on August 17, 1950, Jakarta became the de
facto capital of Indonesia once again.

The national capital can be classified as one of the elements of territory of the state. So,
as the head of state, the President is willing to relocate the capital city, which is one of the
symbols of the state, to another region. As outlined in the Constitution, the President and Vice
President form an institution with supreme executive power in the state. The political power and
responsibility for the government of the country is in the hands of the president (concentration of
power and responsibility upon the President).
However, according to the Indonesian constitutional system, the President does not have
absolute authority in the matter of relocating and determining the new capital city, the President
cannot unilaterally make decisions relating to the relocation and the capital city, which is based
on the following :

Article 2 of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945)
states that "The People's Consultative Assembly meets at least once every five
years in the national capital." Therefore, it could also be interpreted that the MPR
 determines the national capital's location to be the MPR's location. The inclusion
of MPR components is undeniably suitable, given that the MPR serves as a
platform for public discourse. The relocation of the capital city poses significant
consequences to society and the positioning of governmental bodies.

b. Government Act Analysis

Government can be seen through 2 points of view, first in terms of the function
the government can be seen as every single action that concludes inside the government
daily, second point of view are in terms of organization in this point of view government
can be as an individual organization in government system, according to baggir manan
government in term wider term covers all State organs, which primarily comprise the
executive, judicial, and judicial power branches as well as additional State organs
operating on the State's behalf. As a whole government held a function including all the
decisions and the acts of the government that are general and concrete in nature the idea
of governments act are devine into two things, factual action (feitelijke handelingen) and
lawful act (Rechtshandelingen).

Factual Actions (the term will be used hereafter) are actual or physical actions
taken by the Government. These actions are not only limited to active actions but also
passive actions. What is meant by passive action in this case is the Suppression of
something. An example of an active act of Factual Action is the construction of a
government building. While an example of a passive action is leaving a road damaged.
For active Factual Actions, it is usually always preceded by a Written Stipulation, while
for passive actions it is not. Factual Actions (Feitelijk Handelingen) will always be one-
sided (eenzijdige) because they are one-sided. Therefore, all types of Feitelijke
Handelingen fall into the realm of public law. on the other hand.

As explained earlier, there are one-sided (eenzijdige) and two-sided

(tweezijdige or meerzijdige) legal actions. Indroharto states that Bestuur Handelingen or
government administration actions must always be unilateral and one-sided because
what enters the realm of administrative law (TUN) is only unilateral and one-sided legal
 actions. Meanwhile, legal actions that are two-faceted are included in civil law (or mixed
public-civil).

In other hand the idea of legal action of the governments are being defined as a
action that can cause the legal reaction, the legal action can be sort into two kind, private
legal action and the public legal action, the private legal action are the action that being
taken by the government that circling around the scope of the private law, such as selling
and renting, in other hand the public action of government are being defined as a
government action that including all the public law. Concluding all the explanation
regarding the government action, the action of moving the capital city are consider

c. Government Decision Analysis (The Urgency of Relocating the National Capital)

Looking at Jokowi's long plan and fast movement to move the national capital
above, it is necessary to understand the urgency of moving the national capital. First, to
face future challenges. In accordance with Indonesia's Vision 2045, namely Advanced
Indonesia, Indonesia's economy will enter the world's top 5 in 2045. In that year, it is
estimated that GDP per capita will be US$ 23,119. In 2036, it is estimated that Indonesia
will exit the middle income trap. Therefore, economic transformation is needed to
achieve Indonesia's Vision 2045. Economic transformation is supported by industrial
downstreaming by utilizing human resources, infrastructure, regulatory simplification,
and bureaucratic reform starting from 2020-2024. Therefore, IKN is needed to support
and encourage this economic transformation.

IKN must encourage inclusive and equitable economic growth, including in

Eastern Indonesia. So far, Jakarta and its surroundings are famous as the center of
everything (government, politics, industry, trade, investment, technology, culture and
others). It is not surprising that the circulation of money in Jakarta reaches 70 percent in
an area of only 664.01 km² or 0.003 percent of the total land area of Indonesia 1,919,440
km². Meanwhile, its population is 10.56 million people or 3.9 percent of Indonesia's total
population of 270.20 million people (2020 data).
 This has led to uneven development and welfare in Indonesia. Development is
centralized in Jakarta and Java. This condition is not good for Indonesia's economic
growth which is expected to be sustainable, does not optimally utilize regional potential,
does not support justice between regions, and is vulnerable to national unity.

Jakarta's objective conditions are no longer suitable as IKN. This can be seen
from the "burden" that Jakarta must bear, including 1) a population density of 16,704
people/km² while Indonesia's population density is only 141 people/km². 2) Jakarta's
congestion, which was the 10th most congested city in the world in 2019, although it
decreased to number 31 out of 416 major cities in 57 countries in 2020 (TomTom
Traffic Index). 3) Acute environmental and geological problems, including floods that
hit Jakarta every year and land subsidence that has caused parts of Jakarta to be below
sea level. As a democratic country, when the State has decided to move IKN with a
democratic process through a law, all components of the nation should support it. The
Indonesian people need to minimize the excesses of moving the national capital. There
is no one decision that satisfies all the people, but decisions that provide greater benefits
to the Indonesian people must be supported as a form of love and devotion to NKRI.

3. CONCLUSION

In the case of Indonesia, a nation rich in diversity and heritage, the idea of a capital city
plays a significant part in representing the identity of the country and its fundamental values,
such as our essential Pancasila and Bhinneka Tunggal Ika. The process of moving the capital
from Jakarta to Nusantara, as demonstrated by historical changes in Indonesia, has been an
essential aspect of the nation's political history. As the head of state with supreme executive
power, the President holds the authority to make such a decision. The Indonesian constitutional
system, on the other hand, emphasizes the role of the People's Consultative Assembly (MPR) in
deciding the location of the new capital city, assuring a democratic and thoughtful approach to
this critical issue.

However, the development and reorganization of a new national capital city requires a
carefully planned, long-term vision that aligns with the nation's goals and aspirations. This vision
must also take into consideration urban development, national needs, and the promotion of
fundamental values such as Pancasila. Moreover, the choice of a capital city transcends
geography as well as becomes a reflection of a nation's past, present, and future.

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