Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta

Wahyu Asmorojati, Anom and Suyadi, Suyadi and Faisal, King (2022) Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta. Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta, 13 (2). pp. 177-188. ISSN P-ISSN: 1412-6834 E-ISSN: 2550-0090

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Abstract

Post the amendments to the 1945 Constitution (Undang-undang Dasar 1945 - UUD
1945), the concept of special autonomy or asymmetry continues to be acknowledged
and maintained in the political system. The state respects regional governments with
special or particular characteristics regulated by law (Hasim, 2016). The
determination of UUD 1945, Article 18 B subsection (1), confirms that regions with
special or particular characteristics, customary legal communities, and traditional
rights remain recognized and respected in the Unity State of the Republic of
Indonesia.
Legally, in a unitary state, there is no state within a state, let alone a government with
a monarchist system, because both are very contradictive (Ulibarri, 2000). In fact, a
unitary state which applies a democratic system tends to reject a monarchist system
(Malagodi, 2011). A democratic state is run based on the will and power of the people
as the holder of the highest sovereignty, whereas in the monarchist system of
government, power comes from the king’s power as the highest holder of power
(Wicaksono, et all, 2019). The head of state is chosen based on the majority vote,
whereas a king is determined based on lineage or a line of descent. In this way, legally,
a unitary state which holds to a conception of democracy gives no latitude for a system
of monarchist government.
However, in the context of the Unitary State of the Republic of Indonesia (Negara
Kesatuan Republik Indonesia – NKRI), the government recognizes and respects
regional diversity and special particularities by applying asymmetric decentralization
(Heme & Imawan, 2013b). One of the regions in Indonesia whose special features and
diversity is recognized through asymmetric decentralization is Ngayogyokarto
Hadiningrat, presently known as the Special Region of Yogyakarta (Daerah Istimewa
Yogyakarta – DIY) (Harsono, 2012). This constitutional recognition is embodied in
Law No. 13 of 2012 Concerning the Particularities of DIY. This law provides five
particularities for DIY as part of the NKRI: the method of Governor and Deputy
Governor selection, land administration, zoning, regional institutions, and culture. Of
these five particularities, the one which is highlighted in this research is the regional
government system that determines the sultan as the governor without a democratic
election, which occurs in other regions throughout Indonesia. Given this, Indonesia,
as a unitary state which runs government based on a democratic foundation,
recognizes and respects the monarchist system in DIY through the Law of
Particularity. Asmorojati uses the term ‘asymmetric decentralization’ for the
recognizing and respecting of the monarchist regional government within the
democratic government system (Asmorojati, 2020).
P-ISSN: 1412-6834
E-ISSN: 2550-0090 Volume 13, Issue 2, 2022, pp. 171-188
Article History 173
Submitted 11 June 2022 - Revision Required 18 October 2022 - Accepted 24 December 2022
The problem occurs from the determination Sultan as the DIY Governor is also
regulated in the Paugeran Ageng (a type of special law). In the Paugeran Ageng, the
Sultan, who is concurrently the DIY Governor, must be a male and cannot be a female
(Surahman, 2020). Even though, at this time, the Sultan, who is also the DIY Governor
(Sri Sultan Hamengku Buono X), does not have a male heir. Accordingly, Sultan
Ngayogyokarto Hadiningrat issued a Pronouncement and Decree (Sabdatama and
Sabdaraja), which states that the Sultan of Ngayogyokarto Hadiningrat can be female
(Dardis, 2016). In this way, the government under a monarchist system in DIY could
continue uninterrupted. However, the Sabdaraja has become controversial both in
Ngayogyokarto Hadiningrat sultanate elite circles and in the DIY civil community
(Rizani, 2016). Arguments for and against are still ongoing while the absolute
leadership of Sri Sultan Hamengku Buwono X continues.
To date, research on asymmetric decentralization has more often been done in federal
states (Çelik et al., 2016). However, asymmetric decentralization in the Indonesian
context is rarely found in a unitary state. In the case of Indonesia, Buehler's research
from 2009 concluded that although there had been revisions of a number of Regional
Government Laws, the decentralization policy still had problems. Firstly,
decentralization created an almost evenly spread distribution of opportunities for
corruption. Secondly, the polarization of central government power was becoming an
ever-increasing superpower. Thirdly, the moratorium policy for regional expansion
was inconsistent and tended to become a political issue, dependent on central
government interests. Finally, the public sector and democratization process at the
local level had precisely ground to a halt and had no basis in local wisdom (Rahayu,
2019; Setyaningsih, 2017).
Further, Isra’s research highlights asymmetric decentralization in Indonesia from the
perspective of ethnic, cultural, ethnic group, and religious diversity. DIY’s asymmetric
decentralization, in the context of the NKRI, has not been adequately analyzed from
the perspectives of ethnic, cultural, and religious diversity. Five aspects make the DIY
special: governor and deputy governor election procedures, land administration,
zoning, regional institutions, and cultural systems. The research is focused on
asymmetric decentralization concerning the determination of the sultan as the
governor with its monarchist characteristics in a constitutional state (constitutional
monarchy). This stems from the determination of the sultan as the DIY Governor,
presently in a transition position full of asymmetric conflict. The sultan has issued a
Royal Decree which is considered to contravene the Paugeran, and attracted both
internal and external conflict (Pratama, et all, 2018; Suryaningtyas, 2015).
This research aims to study and analyze: first, the constitutionality of asymmetric
decentralization in a Unitary State; second, the DIY constitutional monarch; and;
third, the Legitimation of a Female Sultan: Special Laws, Decrees, and
Pronouncements (Paugeran, Sabdaraja, and Sabdatama). This research is based on
the argument that decentralization, which is in effect in a unitary state, is not absolute.
P-ISSN: 1412-6834
Volume 13, Issue 2, 2022, pp. 171-188 E-ISSN: 2550-0090
174 Asmorojati, Suyadi & Sulaiman
However, it still has a coordination relationship with the central government; as a
result, it is not absolutism (Rahmatunnisa, Hindersah, & Achmad, 2018). Asymmetric
decentralization to date only occurs in federal states (Çelik et.al. .), not unitary states
such as in Indonesia. The asymmetric decentralization between the NKRI and DIY has
its own uniqueness as opposed to other countries, in particular, the determination of
the sultan as the governor through the Paugeran (Surahman, 2020)

Item Type:	Artikel Umum
Keyword:	Asymmetric Decentralization; Constitutional Monarchy; Female Sultan; Special Region of Yogyakarta
Subjects:	K Law > K Law (General)
Depositing User:	Ms Anom Wahyu
Date Deposited:	13 Nov 2023 06:35
Last Modified:	13 Nov 2023 06:35
URI:	http://eprints.uad.ac.id/id/eprint/52080

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