IMPLIKASI HUKUM KEDUDUKAN DAN KEWENANGAN OTORITA IBU KOTA NUSANTARA DITINJAU DARI PERSPEKTIF SISTEM TATA NEGARA

This study analyzes the position and authority of the Nusantara Capital City (IKN) Authority within the Indonesian constitutional system, with a focus on its alignment with the principle of people's sovereignty under the 1945 Constitution. Employing a normative juridical research method with conceptual and statutory approaches, this study examines Law No. 3 of 2022 concerning the IKN. The analysis indicates that the IKN Authority's governance model constitutes a constitutional anomaly. Its hybrid legal status as a Special Regional Government (Pemdasus) while functioning as a ministry-level institution creates significant legal ambiguity. The legal basis utilized, Article 18B of the 1945 Constitution, is deemed a "constitutional shortcut" to circumvent the democratic obligations stipulated in Article 18. This model fundamentally undermines the principle of people's sovereignty through two primary mechanisms: first, the direct appointment of the Head of the Authority by the President, which nullifies regional head elections (Pilkada); and second, the absence of a Regional People's Representative Council (DPRD), which amputates the vital functions of local legislation, budgeting, and oversight. Consequently, a serious democratic deficit arises, wherein power is centralized in an executive that is not accountable to the local populace, thereby creating the risk of an "authoritarian enclave" for the sake of project efficiency. This study concludes that the IKN Authority model is incongruent with the spirit of decentralization and democracy, which are pillars of the reform era, and potentially sets a dangerous precedent for governance in Indonesia.