Analysis of Local Government Administration and the Authority of (Local) Institutions in the Implementation of Special Autonomy in Aceh Province

Abstract

Regional government administration within the framework of the Unitary State of the Republic of Indonesia is fundamentally implemented based on the principle of decentralization. However, the Province of Aceh has a distinct characteristic in its regional governance through a special autonomy scheme as regulated in Law Number 11 of 2006 concerning the Government of Aceh. This study aims to analyze regional government administration and the authority of local institutions in the implementation of special autonomy in Aceh Province, particularly from the perspective of legal justice and legal certainty due to the incomplete derivative regulations of the Basic Agrarian Law in Indonesia. This research employs a qualitative descriptive method with a normative approach. Data were obtained through a literature review of statutory regulations, legal documents, and relevant academic literature on Aceh’s special autonomy. The results of the study indicate that the absence and ambiguity of derivative regulations of the Basic Agrarian Law in Indonesia have resulted in legal uncertainty, overlapping authorities, and disparities between juridical recognition and the implementation of authority by the Aceh Government and local institutions. The dynamics of authority relations between the Central Government, the Government of Aceh, and local institutions have not fully reflected the principles of legal justice and legal certainty. This study concludes that normative solutions are required in the form of improving derivative regulations of the Basic Agrarian Law in Indonesia, harmonizing legislation, strengthening the position and function of local institutions, and establishing a clear mechanism for authority coordination to ensure the implementation of Aceh’s special autonomy in a just, legally certain, and rule-of-law-consistent manner.