Indonesian Impression Journal (JII)
Vol. 4, No. 2, February 2025
p-ISSN: 2828-1284 e-ISSN: 2810-062x
Website: https: //rivierapublishing.id/JII/ index.php / jii /index
Doi: 10.58344/jii.v4i2.6320 1111
PRIVILEGES OF THE SPECIAL REGION OF YOGYAKARTA (DIY) IN THE
CONTEXT OF LOCAL GOVERNMENT LAW POLITICS
Milenia Ramadhani
Widya Mataram University, Indonesia
Keywords
Abstract
privileges, special region
of Yogyakarta, legal
politics, regional
autonomy, asymmetric
decentralization
The Special Region of Yogyakarta (DIY) has a privileged status based
on historical, philosophical, juridical, and socio-psychological aspects
that distinguish it from other regions in Indonesia. The legal politics of
local governments in Indonesia adheres to an asymmetrical
decentralization system that allows for differences in authority for
certain regions, including DIY. This study aims to analyze the privileges
of DIY in the context of local government legal politics, focusing on the
legal basis, implementation, and impact on local government
governance. The method used is a juridical-normative approach with
descriptive analysis, where data is obtained through a literature study of
relevant laws and regulations, such as Law Number 13 of 2012
concerning DIY Privileges, as well as related academic literature. The
results of the study show that Yogyakarta has five special authorities,
namely in filling the positions of Governor and Deputy Governor, local
government institutions, culture, land, and spatial planning. In addition,
this privilege is also followed by the provision of special funds to support
the implementation of the policy. In conclusion, the uniqueness of DIY
is a form of recognition of the history and culture inherent in the region
as well as the implementation of asymmetric decentralization in the local
government system in Indonesia. This research provides a deeper
understanding of how legal politics supports the sustainability of the
privileged status of DIY within the framework of the Unitary State of
the Republic of Indonesia.
Corresponding Author : Milenia Ramadhani
INTRODUCTION
The Special Region of Yogyakarta has a long history both as a monarchy or a kingdom
and after joining the Unitary State of the Republic of Indonesia (Rahmansyah et al., 2022).
This long and unique historical aspect makes Yogyakarta different from other provinces in
Indonesia. This right of origin and history makes Yogyakarta a special area. Fundamentally,
there are several reasons why Yogyakarta holds the title of Special, namely philosophical,
historical-political, juridical, socio-psychological, and academic-comparative reasons (Lay,
2008).
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1112
Philosophically, Yogyakarta consciously chooses to be part of the Republic of
Indonesia by glorifying diversity in diversity as stated in Pancasila and the 1945 Constitution
(Asmara, 2020). The historical-political reasons are related to the political choice to join the
Republic of Indonesia. The juridical reason is more about the mandate of Sri Paduka Ingkeng
Sinuwun Kanjeng Sultan and the mandate of Sri Paduka Kanjeng Gusti Pangeran Adipati Ario
Paku Alam. Both mandates can be prescribed as a legal novum that states that the status of
Yogyakarta, in the formal juridical realm, has undergone a change from a region Zelfbesturende
Landschappen or the Swapraja area is a special area within the territory of the Unitary State of
the Republic of Indonesia. In this Juridical aspect, it is then regulated by various regulations
about these privileges (Robuan, 2022). The socio-psychological reason is more visible because
the majority of the community still views and recognizes the Sultanate and Pakualaman as the
center of Javanese culture and a symbol of protectors. Comparative academic reasons see more
asymmetric arrangements related to legal politics as a policy strategy to maintain Basic
Boundaries political units of a country and or as an appreciation for the uniqueness of a
particular culture (Wiranugraha, 2018).
The reason for asymmetric democracy is a strong foundation when viewed from the
legal politics of local government embraced by Indonesia, after the reform that emphasizes the
decentralization of authority (Heryansyah, 2016). This means that authority is decentralized to
regions, districts/cities by paying attention to certain characteristics so that there are some
differences in several regions. For example, there is special autonomy in the Aceh Government,
Special Autonomy of Papua and West Papua and there are Special Regions in the Special
Capital Region of Jakarta and Special Region of Yogyakarta. The principle of decentralization
is carried out differently in certain regions considering the unique characteristics and historical
aspects that underlie a region. The recognition of certain characteristics as the implementation
of asymmetrical decentralization is taken as the legal politics of local governments in Indonesia
(Nurfurqon, 2020).
Yogyakarta as one of the regions that was recognized for its privilege through Law
Number 12 of 2013 concerning the Privileges of the Special Region of Yogyakarta with great
difficulty and late finally has a privileged status (Peng, 2023). It is said to be too late because
it should have been launched since the beginning of the reform in 1999. Law No. 32 of 2004
concerning local government Article 225 explains that there are regions that have a special
status so that they are given the authority to carry out special autonomy. The law also explains
the provisions of regions with special autonomy, namely Nanggroe Aceh Darussalam Province,
Special Region of Yogyakarta, Papua and DKI Jakarta. The DIY specialty was only approved
after 12 years later (Alivia, 2019).
This research will review the privileges of DIY in the context of local government law
politics taken by Indonesia in accommodating various characteristics of very diverse regions
in Indonesia. In order to provide a guarantee of good decentralization, the decision to grant
special or special autonomy is the beginning of recognition of regions that do have
characteristics that are not the same as other regions.
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1113
RESEARCH METHODS
This study uses a juridical-normative approach, which is research that focuses on the
study of applicable legal norms (Zainuddin & Karina, 2023), as well as its application in the
context of the privileges of the Special Region of Yogyakarta (DIY). The research design used
is descriptive-analytical, which aims to describe and analyze asymmetric decentralization
policies in the local government system and its impact on the governance of DIY governance.
The data used in this study consists of:
1. Primary data, in the form of relevant laws and regulations, such as Law Number 13 of 2012
concerning DIY Privileges, as well as other regulations related to asymmetric
decentralization and regional autonomy policies.
2. Secondary data, which includes scientific literature, books, legal journals, and the results
of previous research that discusses the concept of asymmetric decentralization and its
implementation in the local government system.
Data collection is carried out through the library research method, by examining various
legal documents and academic literature related to the research topic.
Data analysis is carried out by juridical-qualitative analysis method, which is to
systematically review and interpret legal materials to understand the relationship between legal
norms and their application. In this case, the research focuses on normative analysis, namely
examining laws and regulations as well as the legal principles underlying the asymmetric
decentralization policy in Yogyakarta. In addition, this study also analyzes the implications of
the policy on legal and political aspects in local government. The results of the analysis are
then compiled in a descriptive manner to provide a comprehensive understanding of the
problems studied.
RESULTS AND DISCUSSION
To see the privileges of DIY in the context of government law politics, it is necessary
to look at the concept of government law politics in Indonesia, which is related to the
centralized system in the Unitary State of the Republic of Indonesia. This understanding will
be continued with the privileges obtained by DIY as part of a special area, what are the
privileges.
Decentralization System of the Unitary State of the Republic of Indonesia
Indonesia is a Unitary State, where a country that places the central or national
government as the holder of the highest position or authority that has full power in daily
government (Susanto, 2019). This means that almost no field of affairs in government activities
is handed over by the constitution to smaller units of government (in this case, regions or
provinces). Unitary State, in which case the central government can give or delegate duties and
authorities to regions (provinces, districts/cities) or even local governments through laws
passed by parliament together with the central government, not in the 1945 Constitution
(Setiawan, 2018). The delegation of authority can be withdrawn at any time according to needs
or if violations are found that require action to be taken. The central government has the
authority to hand over part of its power to the regions based on the right to autonomy known
as decentralization. However, the highest power remains with the central government, so that
the sovereignty of the state both inside and out remains with the central government
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1114
(Simandjuntak, 2015). The essence of a unitary state is that it is not divided and limited,
although the regions have the authority to regulate their own territory, it does not mean that the
local government has its own sovereignty (Hamid, 2018).
Article 18 paragraph (1) of the 1945 Constitution of the Republic of Indonesia states
that "The State of Indonesia is divided into provincial areas and the provincial area is divided
into districts and cities, where each province, district and city has a regional government, which
is regulated by law". Meanwhile, Article 18 of the 1945 Constitution paragraph (2) as the
ground norm of local government expressly states: "Provincial, city/district governments,
regulate, and manage their own government affairs according to the principle of autonomy and
assistance duties." The implementation of local government is then carried out based on the
principle of autonomy as widely as possible, except for government affairs that are determined
by law as the affairs of the Central Government".
Based on the mandate of the 1945 NRI Constitution, local governments are authorized
to regulate and manage their own government affairs according to the principle of autonomy
and assistance duties. This is intended that regions that are given broad autonomy can direct to
accelerate the realization of community welfare through improving services, empowerment
and community participation in accordance with the conditions and characteristics of their
regions. Regions are also expected to be able to compete while still paying attention to the
principles of democracy, justice, equity, potential, diversity as well as specificity and privilege
within the framework of the Unitary State of the Republic of Indonesia. The efforts of a unitary
state like Indonesia to always hold control over its territory or its region are absolute, although
there is authority given to the region, but it is very limited, still under the control of the
government (Huda, 2014).
C.F. Strong's opinion quoted by Miriam Budiardjo states that there are 2 absolute
characteristics inherent in a unitary state, namely: first, the supremacy of the central people's
representative council, and second, the absence of other sovereign bodies. This means that the
supremacy or supreme power is in the House of Representatives which is formed from the
results of the election which is a representation of the people's vote. Meanwhile, the only
sovereignty belongs to the state or the central government (Muhtar et al., 2023, 2024;
Riskiyono, 2022).
Privileges of the Special Region of Yogyakarta
Yogyakarta has privileges that have been regulated in the Law on Local Government
and as a recognition of the principle of asymmetrical decentralization. 2013 was the first year
of DIY implementing the Privileges Law. Various adjustments in the areas of privilege were
immediately made at the DIY level, namely by the declaration of Special Regional Regulation
Number 12 of 2013 concerning Authority in Special Privileges of Yogyakarta. The privileges
of DIY or the main authority in the affairs of DIY Privileges include the procedures for filling
positions, positions, duties, and authorities of the Governor and Deputy Governor; the
institution of the Yogyakarta Regional Government; culture; Land; and spatial planning. With
the enactment of Law Number 13 of 2012 concerning the Privileges of the Special Region of
Yogyakarta, DIY has special authority in addition to other authorities as stipulated in the Law
on Regional Government.
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1115
1. Procedures for filling positions, positions, duties, and authorities of the Governor and
Deputy Governor
The filling of the positions of Governor and Deputy Governor in the Special Region
of Yogyakarta is carried out through a procedural determination by the Regional People's
Representative Council, and this process still upholds democratic principles in the context
of national and state life. The Special Region of Yogyakarta has a government structure that
has been regulated in accordance with Article 18B of the 1945 Constitution, so the
regulation must consider the rights and origins of the special region. Related to this, the
regulation regarding the Privileges of DIY in the laws and regulations since the
establishment of the Unitary State of the Republic of Indonesia has remained consistent in
providing recognition of the existence of special regions. However, although it has been
recognized, the consistency of recognition of such privileged status has not been followed
by comprehensive arrangements related to its various areas of privilege.
With the enactment of Law Number 13 of 2012 concerning the Privileges of the
Special Region of Yogyakarta, the process of filling the positions of Governor and Deputy
Governor of Yogyakarta has been determined through a mechanism of determination every
five years for Sultan Hamengku Buwono and Adipati Paku Alam who have been enthroned
as Governor and Deputy Governor since the inauguration, without any attachment to the
provisions of periodization of the term of office. Therefore, in Yogyakarta there is no
election for governors and deputy governors as in general.
2. DIY Local Government Institutions
The Privileges Law in Articles 8 and 9 stipulates that DIY has a special form and
structure of government. The Yogyakarta Regional Government consists of the Yogyakarta
Regional Government and the Yogyakarta Regional Government. The Yogyakarta
Regional Government is led by the Governor who is assisted by the deputy governor in
carrying out his duties and authorities. The institution of the DIY Regional Government is
one of the special affairs regulated in Perdais, so that to accommodate the provisions of
Article 30 of Law Number 13 of 2012 concerning DIY Privileges, that institutional
authority is organized to achieve the effectiveness and efficiency of the implementation of
government and community services based on the principles of responsibility,
accountability, transparency and participation by paying attention to the original form of
government.
3. Culture
Yogyakarta has a distinctive cultural heritage, full of high values. These values are
the philosophical basis for Sultan Hamengku Buwono I in the development of Nagari
Ngayogyakarta Hadiningrat as a government, community, and independent areas. Noble
values such as Hamemayu Hayuning Bawana, Mangasah Mingising Budi, Memasuh
Malaning Bumi, Golong Gilig, and satriya traits such as Sawiji, Greget, Sengguh, Ora
Mingkuh, have been reflected in the life of the community and the spatial planning of the
region which is now known as DIY. These noble values, considered as local wisdom, are
not only valid in Yogyakarta, but can also be identified as national or national cultural
values. Therefore, the privileges of DIY can be understood within the framework of the
Unitary State of the Republic of Indonesia (Djunaedi, 2015).
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1116
Yogyakarta culture is interpreted as pure values that are manifested in works and
creations, becoming the core identity of the people of Yogyakarta. Since its inception,
Yogyakarta Culture has been developed and enriched by various sources, including the
noble values of the Islamic Kingdom of Mataram in Kotagede, the urban planning design
of Prince Mangkubumi with the concept of associative saujana that refers to two main
natural forces, namely Segara Kidul in the south and Mount Merapi in the north, as well as
the influence of foreign cultures such as Colonial, Indis, and Chinese. The culture of the
Sultanate and Duchy is the main source that enriches the culture of Yogyakarta from the
past to the present.
4. Land
Article 18 of the 1945 Constitution of the Republic of Indonesia before it was
amended recognized the existence of special regions. In Article 18, it is stated that the
division of Indonesian regions, both large and small, along with the composition of
government, will be determined through a law by considering the basis of consultation in
the state government system and the rights of origin in special regions. The term "rights of
origin in special areas" does not only refer to areas that were previously specialized, but
these privileges continue after Indonesia's independence until now. Through the
amendment process after the reform, the 1945 Constitution of the Republic of Indonesia
further strengthens the existence of special and special regions, manifested in the State's
obligation to recognize and respect the existence of special or special local government
units, as mandated by Article 18B paragraph (1) of the Constitution.
5. Spatial layout
The preparation of the provisions of the Spatial Plan for Sultanate Land and Duchy
Land in the Special Region Regulation is the implementation of one of the authorities in
terms of DIY Privileges in accordance with the provisions of Law Number 13 of 2012
concerning the Privileges of the Special Region of Yogyakarta. According to Article 34
paragraph (1) of the Law, the regulation regarding the Spatial Plan in the Special Region
Regulation is limited to the management and utilization of Sultanate Land and Duchy Land.
However, in spatial planning, considering the characteristics of Sultanate Land and Duchy
Land consisting of fields that do not form one Region, the preparation of the Spatial Plan
for Sultanate Land and Duchy Land applies the norms of the Region together with other
spatial units.
Thus, in addition to other rights regulated in the Regional Government Law, DIY as a
special region has the additional 5 rights mentioned above which are different from other
regions. As a consequence of these rights, the central government also provides special fund
support to exercise these rights, as well as special autonomy funds such as Aceh and Papua.
CONCLUSION
Based on the results and discussion of the research, it is concluded that the politics of
local government law is a choice of the political system taken by Indonesia to regulate the
relationship between the central and regional governments in the context of the unitary state of
the Republic of Indonesia. As a unitary state, the central government has unlimited and absolute
sovereignty. However, to accelerate the realization of community welfare at large, the local
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1117
government system taken is asymmetrical decentralization. This system allows the central
government to give authority to regions to manage their own government affairs according to
the authority given, as well as recognize the existence of special regional characteristics (Aceh,
Papua and West Papua) and special (DKI Jakarta and DIY).
The privileges of the Special Region of Yogyakarta are granted through the ratification
of Law Number 12 of 2013 concerning the Privileges of Yogyakarta by granting 5 privileges
in filling the positions, positions, duties, and authorities of the Governor and Deputy Governor;
institutions of the Yogyakarta Regional Government; culture; land; and spatial planning. With
the granting of these privileges, DIY in addition to getting local government rights through the
Local Government Law like other regions, also gets the right to special funds as stated in the
Privilege Law.
REFERENCE
Alivia, D. (2019). Politics and Law of Regional Government Arrangements that are Special or
Special in Indonesia. Rechtidee, 14(2), 150166.
Asmara, A. H. D. (2020). Educating for Unity in Diversity: Religious Education for
Transformation in the Context of Everyday Religious Conflict in Post-Authoritarian
Indonesia. Fordham University.
Djunaedi, A. (2015). Cultural Aspects in the Spatial Characteristics of Yogyakarta City.
Journal of Regional and City Planning, 26(3).
Hamid, H. (2018). Community empowerment management. Macca duck.
Heryansyah, D. (2016). Political Shifts in Regional Autonomy Law in Indonesia (A Study on
the Position and Authority of Governors in the Post-Reform Local Government Law).
Huda, M. J. N. (2014). The dynamics of achieving a positive social identity over the privileges
of Yogyakarta. Journal of Integrative Psychology, 2(1).
Lay, C. (2008). The Privileges of Yogyakarta, Monograph on Politics and Governance,
Department of Politics and Governance (JPP) Gadjah Mada University.
Muhtar, M. H., Khasanah, D. D., Anita, A. A., Abas, M., Bagus, M., Cahyandari, D., Setiawan,
E. B., Jenar, S., Putri, F. A. W., & Taufik, A. (2024). Weighing justice: The dynamics
of law and democracy at the intersection of the ages. Sada Kurnia Pustaka.
Muhtar, M. H., Maranjaya, A. K., Arfiani, N., & Rahim, E. (2023). Constitutional theory &
law: The basis of knowledge and understanding as well as insight into the
implementation of constitutional law in Indonesia. PT. Sonpedia Publishing Indonesia.
Nurfurqon, A. (2020). The Legal Politics of Regional Autonomy Study on Asymmetric
Decentralization in Indonesia. Khazanah Hukum, 2(2), 7381.
Peng, N. (2023). Essays on the political economy of equality, development, and influence in
Indonesia and Singapore. University of British Columbia.
Rahmansyah, M. Y., Widiastuti, W., & Gunawan, H. (2022). Analysis of the power of the
Sultan concurrently as Governor in the Government of the Special Region of
Yogyakarta. Epistemic: Indonesian Journal of Social and Political Science, 2(2), 123.
Riskiyono, J. (2022). The influence of public participation and supervision in the formation of
laws. Publica Indonesia Utama.
Robuan, R. (2022). A Socio-Juridical Study of Yogyakarta's Privileges Reviewed from the
Status of Special Regions and Isitimewa in the Theory of the Unitary State in the
Unitary State of the Republic of Indonesia. Journal of Legal Facts (JFH), 1(1), 86100.
Setiawan, I. (2018). Local government handbook. Resolution Ride.
Simandjuntak, R. (2015). The Decentralization System in the Unitary State of the Republic of
Milenia Ramadhani
The Privileges of the Special Region of Yogyakarta (DIY) in the Context of Local Government Law
Politics
Journal of Indonesian Impressions (JII) Vol. 4, No. 2, February 2025 1118
Indonesia: A Constitutional Juridical Perspective. De Jure: Journal of Law and
Shari'ah, 7(1), 5767.
Susanto, S. N. H. (2019). Asymmetric Decentralization in the Context of the Unitary State.
Administrative Law and Governance Journal, 2(4), 631639.
Wiranugraha, Y. (2018). The Politics of Land Law of the Special Region of Yogyakarta (A
Study of the UUPA and Law Number 13 of 2012 concerning the Privileges of the Special
Region of Yogyakarta).
Zainuddin, M., & Karina, A. D. (2023). The use of normative juridical methods in proving the
truth in legal research. Smart Law Journal, 2(2), 114123.