The Certainty Paradox Behind the Constitutional Court's Decisions: Reconstructing IKN's Legal Architecture for National Strategic Sustainability

Abstract

The development of the Nusantara Capital City (IKN) is a national strategic project that relies on regulatory stability as its primary foundation. However, judicial dynamics through the Constitutional Court (MK) Decision on judicial review of the IKN Law have given rise to a "certainty paradox." On one hand, the decision upholds constitutional supremacy; on the other, it creates uncertainty for economic actors and physical development implementers in the field. This study aims to analyze the juridical implications of the Constitutional Court Decision on IKN's regulatory stability and to formulate an ideal legal architecture reconstruction model to ensure long-term development resilience. The research method employed is juridical-normative, using statutory, case, and conceptual approaches. The findings reveal that the Constitutional Court Decision has triggered regulatory turbulence affecting investment risk and the ambiguity of the IKN Authority's powers. This legal certainty paradox emerges from the unpreparedness of derivative regulations to adopt the Court's legal considerations quickly and integratively. As a solution, this study proposes a legal architecture reconstruction built on three main pillars: (1) codification of rules in the form of a sector-specific Omnibus Regulation exclusively for IKN to mitigate regulatory inflation; (2) strengthening "legal immunization" through Smart Contract mechanisms and investment stability guarantees; and (3) institutionalizing meaningful public participation within the Authority's internal structure. This reconstruction is essential to transform IKN's legal landscape from reactive-administrative to responsive-strategic, so that IKN's sustainability is no longer threatened by future political or judicial dynamics.