Legal Analysis on Special and Distinct Provinces in the Unitary State Republic of Indonesia

SARTIKA INTANING PRADHANI, Andi Sandi Ant. T.T., S.H., LL.M.

2014 | Skripsi | ILMU HUKUM

This research aimed to understand and analyze the special and distinct authorities granted to Yogyakarta, Jakarta, Aceh, Papua and West Papua; the considerations of Government and House of Representative to grant special and distinct autonomy to Yogyakarta, Jakarta, Aceh, Papua and West Papua; and the transfer of authority from Government to Regional Governance of Yogyakarta, Jakarta, Aceh, Papua and West Papua concerning special and distinct autonomy. The method of this research was empirical-legal normative research. It combined library research and field research. The data obtained, then analyzed by the qualitative method. By respecting and recognizing special and distinct regional governance units, Unitary State Republic of Indonesia applied asymmetric decentralization. Asymmetric decentralization is the transfer of authority from Central Government to regional governance differently from one autonomous region to another. Special and distinct regional governance units are only regional governance in provincial level. Based on this analysis, the conclusions were the special and distinct authority granted was an additional authority that granted to distinct and special region; Government and House of Representative consideration to grant distinct and special authority was based on the Article 18B of the 1945 Constitution of the Republic of Indonesia; the transfer of authority from Government to Regional Governance is conducted by decentralization and by considering philosophical, sociological and legal consideration. Key words: The Article 18B of the 1945 Constitution of the Republic of Indonesia, Distinct Autonomy, Special Autonomy

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Kata Kunci : The Article 18B of the 1945 Constitution of the Republic of Indonesia, Distinct Autonomy, Special Autonomy