Perwujudan politik hukum desentralisasi asimetris melalui perda dan perdais di daerah istimewa yogyakarta

Abstract

Local government in Indonesia has diversity where the potential and circumstances of each region are not always the same. Therefore, the implemented decentralization cannot be generalized for all regions, but sees the potential, circumstances, specificities and specialties of the regions (asymmetric decentralization). This research analyzes how asimeteris decentralized legal politics according to the 1945 Constitution of the Republic of Indonesia and its realization in the Special Region of Yogyakarta through Perda and Perdais since the enactment of the Privileges Law. Based on the analysis, the legal politics of asymmetric decentralization in the Special Region of Yogyakarta contains two dimensions, namely as an Autonomous Region whose governmental affairs are stipulated by a Perda and as a Special Region whose governmental affairs are stipulated by Perdais. This research is a juridical normative research that seeks and analyzes problems related to the asymmetrical politics of decentralization and its manifestation in governance in the Special Region of Yogyakarta. This analysis is described through descriptions that are arranged systematically on the basis of theoretical and statutory bases related to a deductive frame of mind. From the analysis, it can be concluded that the legal politics of asymmetrical decentralization in the 1945 Constitution is in the form of recognition and respect for regional government units that are special or special in nature as well as indigenous peoples and their traditional rights. The regional regulations issued by the Yogyakarta Special Region Government do not fully reflect asymmetric decentralization. Asymmetric decentralization is reflected in the Perdais which regulates special functions which fall under the authority of the Special Region of Yogyakarta