THE POSITION OF SPECIAL LAWS (LEX SPECIALIS) WITHIN THE INDONESIAN LEGAL SYSTEM

Abstract

Indonesia, as a unitary state, traditionally centralizes power within the central government while regional authorities execute central decisions. However, certain regions have been granted special status, allowing them broad autonomy that mirrors elements of a semi-federal system. This study, employing a normative juridical research method, examines how Indonesia’s legal framework accommodates these special regions and their specific laws. The analysis reveals that despite Indonesia's unitary status, the 1945 Constitution permits the establishment of special areas under Article 18B, paragraph (1). This provision enables the recognition of regions with unique characteristics, such as Aceh, which is governed under the Law on the Government of Aceh (UUPA). This law operationalizes Article 18B, paragraph (1) by providing a specialized governance framework tailored to Aceh's historical, cultural, and socio-political context. The findings underscore that Indonesia’s Constitution allows for the integration of special laws for regions that meet specific criteria. This approach allows for regional governance that respects unique local needs while maintaining national unity. Thus, the legal system demonstrates flexibility and adaptability, balancing centralized authority with regional diversity, and ensuring that special regions are effectively accommodated within Indonesia's unitary framework.