JAKARTA – The Nusantara Capital Authority (NCA) together with the Ministry of National Development Planning/Bappenas held another Public Consultation regarding the Draft Amendment to Law Number 3 of 2022 concerning National Capital (RUU Amendment to theNusantara Law) online, Friday (15/09/2023). This event was the fourth public consultation previously held in Balikpapan.

This public consultation involves ministries/institutions, regional governments, community organizations, universities, and related industry players as an effort to create legislation which has a good quality. This public consultation aims to gather constructive input from stakeholders and the community in order to finalize the substance of changes to the NNC Law and ensure that the implementing of regulations that was prepared accommodate the results of community aspirations in this fourth public consultation.

Head of the Legal and Compliance Unit of theNCA, Ida Bagus Nyoman Wiswantanu, said that in this public consultation, the society can provide input, so that preparations for development, relocation of the capital city and the administration of the Special Nusantara Regional Government can run smoothly with the support of a strong legal protection.

This needs to be done because in the implementation of Law no. 3 of 2022 concerning the National Capital, obstacles were found related to the main tasks and functions, as well as sectoral authority, which limited the space for movement in the process of implementing phase one of preparation and development.

"A strong foundation is needed so that the implementation of development can be agile and deft, for example in the implementation of land acquisition, land procurement for development, there are many obstacles with sectoral laws," said the Head of the Legal and Compliance Unit of the NNC Authority, Ida Bagus Nyoman Wiswantanu.

Besides that, according to Ida Bagus Nyoman Wiswantanu, the process of discussing changes to the NNC Law has been carried out between the Government and the DPR (the House of Representatives). "Currently we have entered into discussions with the DPR Working Committee regarding the discussion of an inventory list of problems regarding the nine main points regarding changes to Law no. 3 of 2022," he said.

In line with this statement, Expert Staff to the Minister for Institutional Relations at the Ministry of National Development Planning/Bappenas, Teni Widuriyanti, said that this change was aimed at strengthening harmony and alignment of movements inNusantara development. Besides that, so that the NNC Authority can carry out its duties as an engine forNusantara development.

"Collaborative efforts from national elements are the main requirement, so support is needed, with this support it can be more optimal. "The presence of ladies and gentlemen today and their input are important in this forum as a form of joint effort and collaboration to strengthen the arrangements for moving the national capital," said Expert Staff Teni.

There are nine main points of amendment to theNusantara Law, namely: Area and Boundaries; Spatial; Land; Financial Management, State Property, Authority Property, and Financing; Special Authority; Filling out JPT Pratama non-PNS (government employee) at the NNC Authority; Housing Administration; Sustainability Guarantee; and Monitoring and Review.

First, special authority is carried out to strengthen the position of theNCA in carrying out the preparation, construction and relocation of the National Capital, as well as the administration of the Special Regional Government for the Nusantara National Capital (4P); Second, regarding Financial Management, State Property, Authority Property, and Financing, the transfer of theNCA's position as budget user to budget manager requires clear arrangements that there is a transition period in the transfer of the above position, and since theNCA has the position of Budget Manager/ Goods. After theNCA has the position of Pemdasus, budget/goods management requires certain arrangements.

Third, regarding Land, the release of Management Rights inNusantara aims to ensure that HAT inNusantara can be granted on State Land to provide legal certainty regarding land status; Fourth, regarding filling out the JPT Pratama non-PNS at theNCA, a combination of bureaucrats (PNS) and non-bureaucrats (non-PNS) is needed to strengthen the implementation of 4P activities by theNCA; Fifth, regarding the implementation of housing in order to accelerate the fulfillment of housing needs, a lex specialis regulation is needed which regulates business actors who have balanced housing obligations within the NNC area to carry out balanced housing in accordance with theNusantara RDTR. TheNCA can request the use of balanced residential conversion funds for housing development inNusantara.

Sixth, regarding the area and boundaries of the area, the Balang Island area is completely excluded from theNusantara area with consideration of the management of a single ecosystem. The residential areas that are cut off need to be completely removed from theNusantara area so that there is no social conflict in the residential areas due to separate management in one area; Seventh, regarding spatial planning, provisions are needed that confirm that every plot of land in theNusantara area must be used in accordance with spatial planning provisions.

Eighth, related to the Sustainability Guarantee to investors thatNusantara development activities will continue to be carried out until the goal of moving the national capital is achieved. Finally, regarding Monitoring and Review, currently the implementation of supervision, monitoring and review of the implementation of Pemdasus NNC  has not been explicitly regulated in theNusantara Law. The implementation of the duties and functions of theNCA will be more inclined towards the implementation of Special Regional Government, so that the partners needed in the DPR are the complement of the council that handles government affairs (Commission II).

According to the Legal Director of theNCA, Agung Purnomo, there are three objectives for changing theNusantara Law. "Basically, it is to strengthen theNCA so that it is more agile and effective in carrying out its duties and functions.”

The second is strengthening aspects of the authority of regional government administration specifically forNusantara as an institutional ministry and pemdasus (special regional government) regarding licensing and investment criteria norms. "Regarding the existence of sectoral obstacles, it is necessary to strengthen NCA in its future implementation as Pemdasaus," he said.

He continued, the third goal is to improve the investment ecosystem, maximizing investor contributions and ensuring the sustainability ofNusantara development. "As we know, we need massive infrastructure development," said Director Agung.

Besides that, in this public consultation, Deputy for Facilities and Infrastructure, Silvia Halim, explained the main changes in housing administration, especially the balanced housing policy.

Then, Deputy for Social, Cultural and Community Empowerment of theNCA Alimuddin hopes that through changes to theNusantara Law, the implementation of special regional government can be more agile and not bound by restrictive regulations. Besides that, he will also elevate and revive the arts and culture of local communities so that they become icons of the Nusantara.

Not only that, Deputy for Environment and Natural Resources Myrna Asnawati Safitri emphasized again through changes to theNusantara Law, that land use in NNC must be in accordance with spatial planning. This is done to realizeNusantara as a forest city with a target of 65% as a protected area.

“With forest city we want to restore. The construction of thisNusantara is not destroying the environment but has a mission to restore the environment," said Deputy Myrna.

For information, the development of the government process regarding the drafting of the Draft Law on Amendments to theNusantara Law in accordance with Law Number 12 of 2011 has been completed. Inter-Ministerial/Non-Ministerial (PAK) Committee Meeting in May 2023. Then, alignment of the Academic Text (NA) of the NNC Law Amendment Bill in June. Harmonization of the Draft Law on Amendments to the NNC Law by the Ministry of Law and Human Rights on June 8^th, 2023 and then submitted by the Minister of National Development Planning/Head of Bappenas as the initiator to the President on June 12^th, 2023. Furthermore, the draft NA and Bill on Amendments to theNusantara Law were then submitted by the President to the DPR on June 19^th, 2023.

The Draft Law on Amendments to theNusantara Law has entered the discussion process in the DPR, starting with the DPR RI Commission II Internal Meeting on July 13^th, 2023. Then this was followed up by the Level I Working Meeting on August 21^st,  2023 and the DPR RI Commission II Working Visit toNusantara on August 22^nd, 2023 , as well as the DPR RI Working Committee Meeting on the Draft Law on Amendments to theNusantara Law on September 11^th, 2022.

(Friday, September 15^th  2023)

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Source:Nusantara Capital Authority Public Relations