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Asymmetric Decentralization Framework in Indonesia: A Comparative Study of Authority in Papua, Aceh, and Yogyakarta

Sep 2026 · Jurnal Penegakan Hukum dan Keadilan · 0 citations

Abstract

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 juridical method with comparative and statutory approaches, the research analyzes Law No. 2/2021 (Papua), Law No. 11/2006 (Aceh), and Law No. 13/2012 (Yogyakarta). The findings identify three structural problems: first, norm misalignment resulting from vertical inconsistencies between special autonomy laws and national regulations; second, overlapping authority in fiscal governance and regulatory domains; and third, weak accountability mechanisms stemming from limited institutional oversight. These conditions result in uneven governance outcomes: Papua exhibits low administrative effectiveness and fiscal leakage; Aceh faces legal dualism and political fragmentation; and Yogyakarta raises concerns regarding democratic legitimacy and elite dominance. To address these issues, this study proposes an integrative and adaptive legal harmonization model comprising a national consultative forum, standardized legislative guidelines, digital regulatory synchronization, and periodic evaluation. This model aims to reconcile regional specificity with constitutional supremacy, ensuring that asymmetric decentralization strengthens governance effectiveness while preserving the integrity of the Unitary State of the Republic of Indonesia.

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