Sep 2026· Journal of Law, Politic and Humanities· Vol 6, pp. 4685-4703· 0 citations· 25 references
Abstract
The implementation of asymmetric decentralization in Indonesia presents a juridical-fiscal paradox, wherein the constitutional guarantee of broad autonomy frequently clashes with the high ratio of regional dependence on the central budget. This study aims to comparatively analyze the legal antinomy and governance of asymmetric decentralization in DKI Jakarta, the Special Region of Yogyakarta (DIY), Aceh, and Papua. Employing a socio-legal research method with statute and comparative approaches, this study examines the consistency of norms between the Law on Financial Relations between the Central Government and Local Governments (UU HKPD) and sectoral lex specialis regimes. The results indicate that broad legal autonomy does not correlate directly with fiscal sovereignty. DKI Jakarta has successfully converted its regulatory privileges into Local Own-Source Revenue (PAD) independence. Conversely, the block-grant legal design of special autonomy funds in Aceh and Papua triggers fiscal laziness due to the absence of performance-based normative obligations to optimize local potential, while DIY's fiscal capacity is constrained by rigid legal restrictions regarding the allocation of its Special Funds. This study recommends legal engineering through the harmonization of the UU HKPD with sectoral laws, as well as the transformation of funding transfer formulations into conditional performance-based grants, ensuring that asymmetric status serves as an instrument of equitable independence rather than perpetuating structural dependence.
Asymmetric decentralization in Indonesia serves as a constitutional strategy to accommodate regional diversity in Papua, Aceh, and Yogyakarta. This study examines the effectiveness of this system and the juridical-administrative challenges it poses, and proposes a legal harmonization model. Employing a normative juridi...
Syafa'at Anugrah Pradana, R. Pikahulan· Jurnal Penegakan Hukum dan K...· 0 citations
Asymmetric decentralization has become an important constitutional strategy for unitary states seeking to accommodate historical, cultural, religious, and political diversity without weakening national cohesion. Nevertheless, differentiated autonomy may also generate jurisdictional conflict, regulatory fragmentation, f...
M. Indra, Geofani Milthree Saragih, N. Nggilu et al.· Volksgeist Jurnal Ilmu Hukum...· 0 citations
Over the last five decades, decentralization has been a central feature of governance reforms. However, its implementation rarely follows a symmetrical pattern across subnational units. Instead, asymmetric decentralization has become prevalent in both federal and unitary states. Nevertheless, the empirical determinants...
S. Lago-Peñas, María Cadaval-Sampedro, Jorge Martínez-Vázquez et al.· The annals of regional scien...· 0 citations
This article examines the misalignment between responsibility, authority, and capacity within the multilevel governance system of the Republic of Kazakhstan. Using the Responsibility–Authority–Capacity (RAC) model as the analytical framework, it identifies discrepancies between assigned responsibilities, the actual deg...
Zhasulan Ibraikhanov· International journal of civ...· 0 citations
This paper re-examines the widespread claim that the Italian Municipal Law of 1865 effectively suppressed local autonomy. Rather than relying on the statute’s formal design or on later legal commentary, the analysis turns to the actual behaviour of municipalities in the decades after unification. Regional fiscal data...
G. Brosio, R. Zanola· Public Choice· 0 citations
We use cookies to run the site and, with your consent, for analytics and to show ads.
See our Cookie Policy.