The issue on Indonesia's New Capital, Its Governance

TheIndonesia.id - The State Capital City Bill academic paper notes there is a discussion on the new capital governance. The paper offers four possible models of governance, but finally, the paper suggests the fourth one as the model.

Why did the drafting team suggest the fourth model? First, we will explain each model one by one.

The First Model: An Autonomous Region in the Form of a Province

This model implies that the province is headed by a governor and requires a Regional House of Representatives elected in a general election. This is regulated in Article 18, Indonesian Constitution.

Article 18
(1): The Unitary State of the Republic of Indonesia shall be divided into provinces and those provinces shall be divided into regencies (kabupaten) and municipalities (kota), each of which shall have regional authorities which shall be regulated by law.
(2) The regional authorities of the provinces, regencies, and municipalities shall administer and manage their own affairs according to the principle of regional autonomy and the duty of assistance (assistance tasks).
(3) The authorities of the provinces, regencies, and municipalities shall include for each a Regional People's House of Representatives (D PRD) whose members shall be elected through general elections.
(4) Governors, Regents (bupati), and Mayors (walikota), respectively as head of regional government of the provinces, regencies, and municipalities, shall be elected democratically.
(5) The regional authorities shall exercise wide-ranging autonomy, except in matters specified by law to be the affairs of the central government.
(6) The regional authorities shall have the authority to adopt regional regulations and other regulations to implement autonomy and the duty of assistance.
(7) The structure and administrative mechanisms of regional authorities shall be regulated by law.

Technically, the existing regions, in this case, some parts of Kutai Kartanegara Regency and North Penajam Paser Regency, are converted into a new province. This procedure is regulated in the Regional Government Law.

The Second Model: a Special Region within the Province of East Kalimantan

Article 360 of the Regional Government Law regulates that the central government can establish a special area which in the context of this Academic Paper is the Special Region of the State Capital in the province of East Kalimantan. The opportunity to establish this special area is mentioned in Article 360 paragraph (2) letter n which states, "areas for other national interests are regulated by provisions of laws and regulations".

Since it is a special area, it becomes an Administrative Area that is directly under the Central Government. The next issue is to clarify the relationship and distinction between this administrative region and the autonomous regions that surround it.

The Third model: a Combination of the Formation of a Province and a Special Region

The Province of the State Capital was created first, then, secondly, setting up a Special Region within the province. These two stages pave easier navigation to set up a new capital. But still, under Article 18 of the Indonesian Constitution, a province should have an elected government.

The Fourth Model: State Capital Special Administration

This fourth model is based on Article 18B of the Indonesian Constitution which says "The State recognizes and respects units of regional authorities that are special and distinct, which shall be regulated by law."

The paper suggested that this Article provides an opportunity to form a more exclusive and flexible State Capital Special Administration based on the constitution. Article 18B is the basis for asymmetrical autonomy such as for the Special Region of Yogyakarta which preserves its monarchy.

The National Capital City (IKN) Bill can freely regulate the Special Capital Region for two reasons. First, The State Capital Special Administration is run by the State Capital City Authority appointed by President. Second, this model provides an opportunity not to set up a Regional House of Representatives to avoid political interference in the management of the National Capital.

"The IKN Bill will adopt this 4th option that is expected to open up space for innovation for the IKN government while remaining its constitutionality."