By: Dharmana Wibowo )*
The Draft Omnibus Law on the Transfer of the State Capital (RUU IKN) is included in the 2020 priority national legislation program (Prolegnas). With this regulation, the transfer of IKN can be realized immediately.
Jimly Asshidiqqie as a state administration law expert said that it was very important to include the IKN Bill as a prolegnas. This is needed as a legal basis for initiating constitutional steps to relocate capital cities, both in determining the APBN budget and for physical transfers.
He also proposed that the Draft Law on Moving the Capital of the State from DKI Jakarta to Penajam Paser East Kalimantan (East Kalimantan) be used as a pilot project for the implementation of the first omnibus law rather than the omnibus law of the Employment Creation Bill and the Taxation Bill first.
This is due to the many laws related to the position of the National Capital in Jakarta. For example, a number of laws that explicitly state the phrase ‘the capital of the country’ should be audited and the consideration of whether or not the Capital is to be transferred to Penajam Paser.
The law numbered about 30 or more institutional laws or state commissions that mention the phrase ‘capital of the country’.
Certainly, the government’s plan to move the nation’s capital has implications for changing many institutional laws / state commissions as a basis for starting constitutional steps.
He considered that without a law that determines the gradual removal of the nation’s capital, it will have an impact on determining the annual development budget through the APBN cannot be done.
The former head of the Constitutional Court said, there are certainly a number of laws that can be arranged in an integrated manner through the omnibus law approach. Where a number of interrelated laws can be modified ‘administratively’ into one unity of the law.
According to him, the formation of the omnibus law can be done as long as the material still adheres to the procedures for the formation of the current legislation and habits in practice.
Meanwhile, Minister of National Development Planning (Bappenas) Suharso Monoarfa said, there are 6 laws that will be synchronized through the omnibus law mechanism, namely the Capital Act, Urban Law, Regional Law and Regional Government Law.
On a different occasion, Deputy for Regional Development of the National Development Planning Agency (Bappenas) Rudy Prawiradinata said that after being submitted to the President, the IKN Bill could be discussed with the DPR.
Rudy also emphasized that the IKN Bill would in principle use the same methodology, namely the omnibus law.
In this regulation, there will be a clause to decide on a number of government agencies that remain in the Jakarta area, in this case such as Bank Indonesia (BI) and the Financial Services Authority (OJK).
It is intended that these institutions can directly supervise businesses in Jakarta, bearing in mind that the city remains a business center with large money turns.
The IKN Bill is one of the 50 Bills included in the National Legislation Program, four of which are Omnibus Law, including the IKN Bill.
On the occasion of the DPR’s plenary session, Chairperson of the Legislative Body (Baleg) Supratman Andi Atgas said 50 of the Laws included in the Prolegnas 2020 had been agreed by all commissions in the DPR.
But the certainty of funding sources for the first phase of IKN development is still waiting for the legalization of the IKN Bill. If it goes according to plan, the first phase of physical construction will begin in the IV / 2020 quarter.
The cost that must be prepared for the construction of IKN reaches Rp 466 trillion. From this figure, the government was only able to disburse about 20 percent of the state budget or equivalent to Rp 89.4 trillion.
However, there is still a possibility that funding needs for the development of basic infrastructure will change.
The new capital development masterplan is expected to be completed by 2020. Physically, the government is targeting to be completed in 2024. That means, the government will focus on meeting the set time targets.
The process of moving the capital city of the country has also been discussed through a lengthy study, including studies from the administrative side, the composition of the government, regional autonomy to the boundaries of the capital city later.
Omnibus Law The relocation of a national capital which enters the National Legislation Program certainly deserves support, it is the government’s effort to accelerate the development of a new capital city that has been planned for a long time.
)* The writer is a social political observer