Unitary State Principle Between Central And Local Government In Yogyakarta

Abstract

The ideal concept of a unitary state is that whole operation of local government should be centered on a structured organization model including the duties and authorities inside. In opposite, the unitary state of Indonesian Republic according to the 1945 Constitution urges chances which lead to a difference of regulation among the local governments. The aims of this research are (1) to recognize the relationship pattern of the central and regional government authority based on the Enactment Number 13 of 2012; (2) to recognize the implementation of decentralization concept in the local government of Yogyakarta, before and after the existence of Enactment Number 13 of 2012.This research uses normative juridical approach for which it attempts to present the data as accurate as possible to describe the facts. The data used were primary and secondary data which consist of primary, secondary, and tertiary law materials.The relationship pattern of authority between the central government and local government of Yogyakarta according to Article 18B subsection (1) of the 1945 Constitution is asymmetric for which several structures and rights of Yogyakarta are not established and determined by the central government.The difference of implementation of decentralization concept before and after the Enactment Number 13 of 2012 exists is on the clarity of substances for regulating the privileges in Yogyakarta. There were several rights which were not mentioned as the rights of Yogyakarta which later, in 2012, were set in detail and firmly legalized to gain the certainty of law in the government.