ANALYSIS OF REGIONAL AUTONOMY REGULATION IN INDONESIA FROM THE PERSPECTIVE OF POSITIVE LAW

Abstract

The Unitary State of the Republic of Indonesia constitutionally adopts a decentralization system in the conduct of its governance, as mandated by Article 18 of the 1945 Constitution. Regional autonomy grants autonomous regions the right, authority, and obligation to regulate and administer their own governmental and community affairs in accordance with applicable legislation. Since the Reform Era, Indonesia has produced a rich body of legislation on regional governance, yet significant implementation gaps remain. This study examines three central issues: (1) the regulatory framework for regional autonomy in Indonesian legislation; (2) the synchronization of central and regional regulations in the implementation of regional autonomy; and (3) the obstacles encountered in implementing regional autonomy regulations. Employing a normative juridical approach, this study analyzes primary legal sources including the 1945 Constitution and Law No. 23 of 2014, alongside scholarly literature. The findings confirm that Indonesia possesses a comprehensive, layered legal foundation for regional autonomy. Nevertheless, persistent challenges include overlapping authority between governmental levels, limited regional legislative drafting capacity, fiscal decentralization imbalances, and weak supervisory functions. The study recommends a comprehensive reform encompassing regulatory harmonization, human resource capacity building, and institutional strengthening.