ANALISIS PENGANGKATAN KEPALA OTORITA IBU KOTA NUSANTARA OLEH PRESIDEN TERHADAP PASAL 18 AYAT 4 UNDANG-UNDANG DASAR 1945 DALAM PERSPEKTIF HUKUM TATA NEGARA

Abstract

The constitutionality in Indonesia is measured based on its alignment with the 1945
Constitution. The examination of the role and appointment of the Chief of Authority in the
Special Capital Region of the National Capital is essential to comprehend its governance
mechanism. The Chief of Authority of the Indonesian Capital City is directly appointed by the
President and serves a five-year term, which, however, does not conform to the general election
mechanism stipulated in Article 18 Clause 4 of the 1945 Constitution used by other regional
leaders.
The type of research utilized in this study is normative legal research. In collecting data for
normative research, a literature review method (library research) was employed. This research
also employs qualitative data analysis and generates descriptive data.
From the research findings and discussions conducted, several conclusions are derived:
firstly, the appointment of the Chief of Authority of the Indonesian Capital City by the President
potentially violates the principle of regional autonomy regarding the direct appointment and
placement of the Chief of Authority by the President. This violation threatens the autonomy and
authority of regions, which contradicts the principle of decentralization mandated by Article 18
Clause 4 of the 1945 Constitution. Secondly, the ideal concept of appointing the Chief of
Authority of the Indonesian Capital City by the President aims to balance power between the
central government and regional governments by maintaining the concept of checks and
balances and regional autonomy. The concepts of checks and balances and regional autonomy
are considered crucial to prevent power abuse.
The recommendations include proposing a judicial review of Article 4 Clause 1 letter b,
Article 5 Clause 4, Article 9, Article 10, Article 13 Clauses (1) and (2) of the Law on the
Indonesian Capital City, as well as on the division of authority between the central government
and regions in the context of the Indonesian Capital City Authority in Article 10 of Presidential
Regulation Number 62 regarding the Indonesian Capital City Authority to ensure alignment with
the principles of regional autonomy stipulated in Article 18 Clause 4 of the 1945 Constitution.
Additionally, the restoration of the role of the Regional People's Representative Council (DPRD)
in the governance structure of the Indonesian Capital City Authority as the representation of the
people in accordance with the provisions of Article 18 Clause 3 of the 1945 Constitution is
recommended. Furthermore, inclusive dialogue and active participation from all stakeholders,
including the central government, regional governments, civil society, and other democratic
institutions, in formulating policies related to the appointment of the Chief of Authority.
Keywords: Chief of Authority, Indonesian Capital City, Regional Autonomy