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

Abstract

Introduction to The Problem: In general, a unitary state, which democratically runs the government, rejects a monarchist system. But, Indonesia, as a unitary state which applies democracy, accepts the Special Region of Yogyakarta to have a monarchical system through the application of asymmetric decentralization. Purpose: This research aims to find the pattern of relationships and authority between a democratic unitary state and a monarchist regional government, particularly the Special Region of Yogyakarta. Methodology: This research is normative legal research that analyzes Law No. 13 of 2012 Concerning the Particularity of Yogyakarta, Regulations and Royal Decrees, and Royal Pronouncements. Findings: Indonesia and Yogyakarta’s asymmetric decentralization has a uniqueness over the asymmetric decentralization in federal states by promulgating the Sultan as the governor. Although this promulgation accords with Law No. 13 of 2012 and the Keraton Yogyakarta Hadiningrat (Yogyakarta Palace) Regulation; however, of late, both an internal and external polemic has arisen. This polemic has been triggered by Constitutional Decision No. 88/ PUU-XIV/2016 and Royal Decree and Pronouncement, which permits a female Sultan, whereas the Law of Particularity and Royal Decree confirm the Sultan must be male. This polemic