Aditya Sulthony Ahmad Khan
Faculty of Social Sciences and Law, Makassar State University, Indonesia

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ASYMMETRIC DECENTRALIZATION IN INDONESIA: A LEGAL EVALUATION OF THE SPECIAL AUTONOMY DESIGN AND ITS IMPLICATIONS FOR UNITY OF THE NATIONAL LEGAL SYSTEM Tri Cahyo Nugroho; Aditya Sulthony Ahmad Khan
University Of Bengkulu Law Journal Vol. 11 No. 2 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v11i2.48810

Abstract

Asymmetric decentralization is a policy approach within a unitary state that accommodates regional diversity by granting specific regions special authority. In Indonesia, this policy is implemented through a special autonomy scheme that grants different fiscal, institutional, and regulatory authority compared to other regions. Although designed to strengthen regional governance and maintain national integration, the implementation of special autonomy also poses various challenges, particularly related to regulatory disharmony, overlapping authority, and the complexity of coordination between the central and regional governments. This study aims to analyze the design of special autonomy as a form of asymmetric decentralization and its implications for the unity of the national legal system. The study uses a normative legal approach supported by limited empirical analysis through legislative and conceptual approaches. The legal assessment applies Articles 18, 18A, and 18B of the 1945 Constitution, the Aceh and Papua autonomy laws, and the Regional Government Law, supported by descriptive BPS human development data. The analysis was conducted descriptively and analytically to identify legal issues, relevant norms, and policy implications. The results show that asymmetric decentralization in Indonesia results in differentiation of regional fiscal, institutional, and regulatory authority, with statutory coordination and oversight mechanisms whose implementation requires closer alignment with the allocation of authority. This situation has the potential to give rise to conflicts of authority and administrative fragmentation, which could impact legal certainty and the effectiveness of public policy. Therefore, it is necessary to strengthen the clarity of the division of central and regional authority, harmonize regulations, and improve coordination and accountability mechanisms within the national legal system.