Comparative Study of the Legal Basis of Relocating the National Capital of Indonesia and South Korea in Fulfilling the SDGs Goals

Business Law Program, Law Department, Faculty of Humanities, Bina Nusantara University, Jakarta, Indonesia 11480

^* Corresponding author: ernarn@binus.ac.id

Abstract

The paper aims to criticize Indonesia and South Korea’s policy to relocate their national capital to achieve SDGs point 11 regarding sustainable cities and communities. In this paper, policies in Indonesia and South Korea will be analyzed to realize the SDGs by establishing particular institutions and incorporating the goals of the SDGs into national laws. Furthermore, an analysis of the public rejection of the National Capital Law in the two countries that have been submitted for judicial review in the Constitutional Court will be carried out. The research method used in this study is normative research with a statutory approach, case studies, and comparative laws. This research, a comparative study, focuses on the judiciary system in Indonesia and South Korea, which has similarities in the jurisdiction of the Constitutional Court. The result of this study is that Indonesia and South Korea, in achieving SDGs point 11, only show an increase in one indicator. The dynamics of relocating the national capital through the decision of the Constitutional Court will affect the achievement of SDGs in both countries. In the future, every policy in law-making must involve the broader community as a manifestation of a democratic state.