CORAK KHUSUS IMPLEMENTASI KONSEP NEGARA KESATUAN DALAM PENYELENGGARAAN PEMERINTAHAN DI DAERAH ISTIMEWA YOGYAKARTA

Abstract

This scientific work aims to analyze about how far the concept of unitary state is implemented in the constitution of republic of Indonesia which is related to assembling of autonomy broadly and also including the certain and special territories according to the Regulation of Republic of Indoensia 1945 (UUD 45), especially the implementation tf governance in DIY.

This scientific work is a study of normative-sociological law through a study of literatures by uncovering the regulation that is related to the political-constitutional theories which agree with the main problem. This scientific work is descriptive with the qualitative analysis method to make the interpretations for solving the problem described above.

The conclusion of the study and problem that the concept of unitary state as one of the main principles of Constitution state of Republic of Indonesia is implemented in combination with a concept of federal state. The formation of the Special Province of Papua, Aceh, Jakarta and Yogyakarta Special Region (DIY) is evidence that is recognized and accommodated the diversity based on the characteristics of each region, as well as to reinforce the application of asymmetric decentralization patterns in local governance which is constitutionally guaranteed in the Constitution NRl '1945 section 18 and 18B. Recognition and respect for local units that are special or privileged, and the unity of the legal community and their traditional rights in the Constitution NRl 1945 showed specific patterns in the implementation of the concept of a unitary state constitutional system of the Republic of Indonesia. Although it has not been able to be consistent and patterned, governance in DIY with special authority under Law No. 13 Year 2012 on the Privileges Yogyakarta, strengthens the evidence that in the Republic of Indonesia has implemented a model of asymmetric decentralization in general seems to be federalist.