Special Autonomy in a New Chapter: Symptoms of Autocratic Legalism of the Government of the Republic of Indonesia in IKN

A reality that has just emerged through this Law is the existence of a new mandate in the course and implementation of government in Indonesia. The existence of a 'special' mandate is a new history in the course of 'asymmetrical decentralization' or 'special autonomy' in Indonesia. The law becomes the basis for the administration of government in the new capital region of the State of Indonesia. Of course, it becomes a shared task to oversee and criticize this new customary practice.

The Government's Autocratic Legalism Practice Occurs in IKN

With the issuance of Law Number 3 of 2022 concerning the State Capital, it at least provides a sign regarding the future challenges of the Indonesian government in the hands of the oligarchy. The legalization of this practice seems to have an impact bad for the future of democratization in Indonesia.It is seen that the authority of the president in determining the continuation of the implementation of the region with a new nomenclature regarding the Nusantara Capital City Authority which provides a new form in the framework of democracy in Indonesia. This is anticipated as a gateway to the occurrence of oligarchy practices in terms of management and natural resources in Indonesia. This is due to the lack of access for the general public in the determination of management of IKN.

These concerns have actually arisen from various criticisms against the irregularities practiced by the government in the administration of state power. Allegedly, this places the position of people's sovereignty in a very serious predicament. The scent of state control in the hands of the oligarchy is increasingly evident in the determination and management of IKN. Even though criticism is part of democracy, and is always echoed in the context of IKN.

The increasingly visible indication of government in practices controlled by the oligarchy is seen in the implementation of development projects for IKN that are very pro-investment and disregard the interests of the general public and local communities. This is evident in the content of Article 17 which states that: "The Nusantara Capital City Authority has the right to be prioritized in the purchase of Land in the Nusantara Capital City." This, of course, becomes a strong legal basis for actors and investors who will later use IKN as an excuse to control the natural resources in the Nusantara Capital City.

An analysis of this matter reveals that since the beginning of the formation of the Law itself, there has been very minimal public and community participation in discussing the legal product. This is certainly contrary to Law Number 12 of 2011 which requires the involvement and participation of the public in the making of the Law. Unfortunately, this has spread into a culture and practice that commonly occurs among lawmakers. This was acknowledged and stated by Yohana Tiko, Spokesperson for the East Kalimantan branch of the Indonesian Forum for Environment (Walhi) as she stated: "procedural defects in the preparation of the Strategic Environmental Assessment (KLHK) recurred in the making of the IKN Bill. Where previously it was carried out in a closed, limited manner, and did not involve communities directly affected by the relocation of the Capital City."

It is also reflected in the mandate regarding the Election of the Head of the Nusantara Capital City Authority, that the election is appointed, appointed, and dismissed directly by the President and the DPR. Then, they have the right to stipulate regulations to organize the Special Regional Government (Part Two of Article 5 concerning Position and Special Characteristics). Also stated in Article 10 Paragraph (1) that the Head and Deputy Head of the IKN Authority can be re-appointed and re-appointed in the same term of office. This means that in that article point, the same Head and Deputy Head of the IKN Authority can be re-elected and there is no specified period limit.

The assumption that a new chapter in the maintenance of 'oligarchy' within the framework of a democratic state will clearly continue to thrive and develop. Indeed, with regard to the mechanism for the appointment and dismissal of the head and deputy head of the IKN Authority, it is carried out directly by the President and the DPR for the sake of accelerating development. However, this certainly needs to be criticized, when the implementation of IKN has normalized, there is no reason and narrative of 'accelerated development' to eliminate a direct election in IKN.

As is the case with sovereignty over leadership and the implementation of democratic principles, there must be direct elections from the people, and the regulations issued must also absorb and pay attention to the aspirations of the people, not just limited to certain groups. Moreover, it is also very important to pay attention to the democratic nodes at the local level which are fundamental in maintaining the mandate of regional autonomy or decentralization in Indonesian government.