Hermawan, Arief (2024) Politik Hukum Pembentukan Undang-undang Nomor 3 Tahun 2022 Tentang Ibu Kota Negara. Masters thesis, Universitas Islam Riau.

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Abstract

The main legal policy of Indonesia is found in The Preamble To The 1945 Constitution. Pancasila does not only contain legal rules of right and wrong but also ethical norms of good and bad. Therefore, Pancasila acts as the source of all the state’s law and ethics. In order to build a law-based state according to Pancasila-democratic principles, Indonesia must continue to develop its legal system. In the aspect of legal substance, as a law-based state, legal developments in Indonesia contain legal policy in the form of the written law. However, the existing legislations still produce several problems that weakens the national legal system in reflecting Pancasila and The 1945 Constitution of The Republic of Indonesia. One of the current problems, that is currently concerned by the public and debated by the constitutional law experts, is about the relocation of the national capital. The condition of Jakarta is considered unsuitable as the capital, to overcome the problem and to foster the economic growth the Government is relocating the national capital according to Law Number 3 of 2022 concerning The National Capital. The formulation of the main problem in this research is how was the legal policy of the formation of Law Number 3 of 2022 concerning The National Capital and how is the formation of quality and integrity legislative regulations in the formation of Law Number 3 of 2022 concerning the National Capital. This research is a normative juridical research through a documentary research approach. Meanwhile, the nature of the research used in this research is analytical descriptive. The research results show that the formation of The National Capital Law as a resultant of Indonesian legal policy related to the state’s capital relocation is basically in accordance with the guidelines and rules for forming statutory regulations. The political configuration of the National Capital Law is classified as legal product with conservative/ orthodox character. The formation of The National Capital Law has not been sufficient, the principle of conformity between types, hierarchy, and content materials; the principle is feasible; the principle of usefulness and effectiveness; the principle of clarity of the formulation; and the principle of openness as the principles for the formation of statutory regulations have not been implemented optimally. The Parliament and The President who created The National Capital Law have shown behavior by ignoring the community's sense of justice, so that the attitude of The Parliament and The President in forming the National Capital was considered as a less integrity actions.

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