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Tuesday, 07 February 2023

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Public Consultation Regarding the Main Amendments to Law no. 3 of 2022 concerning the National Capital (IKN)

Monday (06/02/2023), Head of Infrastructure and Regional Affairs, Mrs. Elly Luchritia Nova, S.T., M.T. along with staff attended the Public Consultation agenda regarding the Main Amendments to Law no. 3 of 2022 concerning the National Capital (IKN) which was held at the Novotel Balikpapan Hotel via Zoom Meeting.

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The agenda was opened by Drs. Oktorialdi, MA, Ph.D as Plt. Expert Staff of the Minister of National Development Planning/Head of Bappenas in the field of Institutional Relations and presented 3 (three) resource persons, namely Mr. Dr. Agung Purnomo, S.H., M. Hum as Legal Director, Legal and Compliance Unit of the Nusantara Capital Authority; Mr. Mujibuddawah, SE., ME. as Head of Finance Bureau, BMN, ADP Nusantara Capital Authority; Constantinus Kristomo, S.S., M.H. as Head of the National Legal Planning Center, BPHN – Ministry of Law and Human Rights.

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From a number of implementing regulations of the IKN Law that have been passed along with others in the discussion process, however, as long as the IKN Law is implemented, there are several things that need to be strengthened in the regulations. Therefore, this Public Consultation was held to gather constructive input from stakeholders in order to finalize the main points of changes to the IKN Law. Strengthening the regulations regarding the Sustainability of IKN Development is carried out by removing the phrase "which is specifically regulated in this Law" because the closing provisions of the IKN Law give rise to interpretations that if a provision is not specifically regulated in the IKN Law then it cannot be excluded from the general provisions of statutory regulations. Therefore, the addition of the concept of "fiscal force majeure" is a condition where the country is unable to pay debts and other costs that are due. Except in this fiscal force majeure situation, 4P activities will continue to be implemented until the IKN development stages are completed. Implementing regulations of the IKN Law that conflict with the Amendment to the IKN Law must be adjusted and stipulated no later than 2 (two) months after the Amendment to the IKN Law is enacted.

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IKN Governance Arrangement is a necessity that must be carried out immediately by making changes to the relevant laws and regulations. And the need for effectiveness and efficiency in public services is a fundamental aspect in building IKN Governance. With the need for changes to the law for greater effectiveness and benefit.

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