The Reviewing Concept of Asymmetric Decentralization in The Special Region of Yogyakarta

Abtract. The following research aims to analyze the background of the concept of asymmetric decentralization applied in the Special Region of Yogyakarta and aspects of asymmetric authority in the Special Region of Yogyakarta. This research method is normative legal research which is complemented by field research in the form of interviews with related parties. Using a historical approach (historical approach) and legislation (statute approach) It is concluded that the granting of asymmetric decentralization in DIY is due to philosophical, historical, juridical and sociological. The application of asymmetric decentralization in the Special Region of Yogyakarta in the form of the special authority of DIY includes filling in the positions of Governor and Deputy Governor, Regional Institutions, Culture, Land and Spatial Planning.


Introduction
The study of decentralization is still growing because many scientists still do not agree on the meaning of decentralization and how to measure decentralization. Aaron Schneider answered the debate by trying to establish a decentralized standard. There are three things that become the benchmark, namely finance, administration, and politics. 1 Symmetrical decentralization is based on the assumption that all provinces have the same conditions and circumstances. The concept of asymmetric decentralization is characterized by special autonomy. 2 Cheema and Rondinelli, as quoted by Jusuf Madubun, et al., define decentralization as the transfer of power, authority, and resources through deconcentration, delegation, or co-administration from the center to administrative areas under it. 3 In principle, asymmetric decentralization is a way of thinking that emphasizes the need to pay attention to differences between regions and the uniqueness of each region, as well as the objective interests of Indonesia as a nation and state. Therefore, the use of the concept of asymmetric decentralization is needed to manage all local diversity, whether reflected in aspects of historical background, culture, economic potential, administrative capacity to certain political demands. 4 There are two main reasons for implementing asymmetric decentralization, namely asymmetry based on political considerations and administrative needs. 5 When viewed from the content, the  (2) of Act No. 22 of 1948 "areas that have rights of origin and in the era before the Republic of Indonesia had special self-government" are those which at the time of the Dutch East Indies government were called "Zelfbesturende landschappen". The purpose of this study is to analyze the reasons why the concept of asymmetric decentralization is applied in the Special Region of Yogyakarta and aspects of asymmetric authority in the Special Region of Yogyakarta.

Research Methods
This research is a normative legal research which is equipped with field research in the form of interviews with related parties. Using secondary data sources in the form of primary legal materials, namely legislation and secondary legal materials in the form of literature books, theories, journals and other written sources related to the problem being researched. 10 Using two approaches to obtain information from various aspects regarding the issue that is being tried to answer 11 namely the historical approach to see the history of the formation of the Special Region of Yogyakarta, because the historical aspect is needed to provide context to the formulation of regulations. That every legal regulation, whatever its form, is the work of humans bound by space and time 12 and the statutory approach, then data analysis is carried out through systematization, reduction, verification and interpretation of data and then described qualitatively.

Asymmetrical Decentralization in DIY
Based on Article 18 B paragraph (1) of the 1945 Constitution of the Republic of Indonesia, "The State recognizes and respects special or special regional government units which are regulated by law." One of the laws governing special regional government units is Act No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta. As stated in Article 1 paragraphs (1) and (2) 15 (Original Text) While Sultan Hamengku Buwono IX was an intelligent person, not a pragmatic person who used his status not only to support the Republic of Indonesia during the revolutionary period, but also to maintain its political status and mainly to defend its principles which in the end was able to defend its traditional territory, as said 16 : "Hamengkubuwono was a politically astute, non-ideological pragmatist who cleverly used his ascribed status as Sultan not only to support the Republican cause during the revolution, but also to ensure his own political survival and, ultimately, to preserve his principality" 13  Sultanate is a country that existed before the formation of the Republic of Indonesia. In accordance with the opinion of Peter Carey (2018) 18 that "the Javanese constitutional concept defines the state as a unit that has obtained the right to a monopoly of power in a certain geographical area". In the historical aspect it means that Yogyakarta is special, because the Sultan who reigns in the Ngayogyakarta Hadiningrat Sultanate is not a "gift" or formed by the State (in casu the Unitary State of the Republic of Indonesia). On the contrary, it was precisely because of the voluntary actions of the Sultan who was on the throne at that time that the Special Region of Yogyakarta became an integral part of the Unitary State of the Republic of Indonesia. Philosophically, the wise choice to become part of the Unitary State of the Republic of Indonesia is a reflection of the philosophy of the Sultanate, Pakualaman and the people of Yogyakarta as a whole which upholds the concept of Bhinneka Tunggal Ika as stated in Pancasila and the 1945 Constitution. Philosophy to build the small world of Yogyakarta and the big world of Indonesia. The philosophy puts forward a larger interest, namely the Unitary State of the Republic of Indonesia from a small one, namely Yogyakarta, giving up some of its power to Indonesia, from the power of the Ngayogyakarta Sultanate. Region, part of the Republic of Indonesia and all domestic power and government affairs were in the hands of Hamengku Buwono IX. The status of the Ngayogyakarta Sultanate from a formal juridical aspect, has undergone a change from Zelfbesturende Landschappen or a Swapraja area to a Special Region within the scope of the Republic of Indonesia. Based on the historical fact that this Special Region already has rights and authority in the administration of various government affairs in its area, both gifts from the government and rights that have been owned since the beginning before joining the Republic of Indonesia (autochtoon). According to Sujamto. 19 These rights include: (1) the right of origin regarding the institutional structure (2)  Sociological aspects, that the position of the Sultanate socio-culturally is a standard institution for the people of Yogyakarta which is believed to be a source of value and as a protector of the community. The religious-magical (transcendent) power of the Sultanate reflects the balance of the outer and inner world, therefore its position is placed in the highest position and is believed to be the source of truth. There is no conflict between Kaula and Gusti, because Gusti's existence alone is for the greatest prosperity of Kaulo. The sociological aspect also illustrates the strong relationship between the people of Yogyakarta and the Sultanate, through 'Pisowanan Ageng', Ismaya (Ing Sedya Memetri Aslining Ngayogyakarta) cultural rituals, non-violent peaceful actions against the 'orders' or orders of the Sultan. Overall, the Sultanate and Pakualaman are still believed by the people of Yogyakarta as the epicenter,

Asymmetric Decentralization Study in DIY
It is regulated in Article 1 paragraph (3) of Act No. 13 of 2012 concerning the Privileges of DIY that "Special Authority is a certain additional authority that is owned by DIY other than the authority as specified in the law on regional government". This additional authority is embodied in the concept of asymmetric decentralization, which means the transfer of special powers that are only given to certain regions in order to maintain the existence of regions within the Unitary State of the Republic of Indonesia. 20 In principle, a unitary state is a state whose sovereignty is not divided, or in other words, a state whose powers of the central government are not limited because the constitution of a unitary state does not recognize the existence of a law-making body other than a central legislator. 21 . The constitution is used as the highest grip because the constitution describes positive law at the highest level 22 in deciding everything that must be based on law. According to Abu Daud Busroh 23 "A unitary state is a state that is not composed of several states, but rather a single state, meaning that there is only one state, no state within a state. Therefore, in the unitary state there is only one government, namely the central government which has the highest power or authority in all fields of government. It is this central government that at the last and highest level can decide everything in the country." 24 In a unitary state, the central government exercises the highest power of the state, as stated by Ni'matul Huda: 25 "In a unitary state, the central government exercises the highest sovereignty of the state. In order not to be arbitrary, the activities of the central government are monitored and limited by law. The logical consequence of its position as the organizer of state sovereignty is that government units that are formed and are under the central government must submit to the central government. Without organizational submission and compliance based on applicable laws and regulations, there will be overlaps and collisions in the exercise of authority (the principle of unity of commond)." The concept of asymmetric decentralization was then used to explain the powers granted by the central government to the Special Region of Yogyakarta through Act No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta.

Authority in DIY Privileges
As regulated in Article 7 paragraph (1)

DIY Regional Government Institutions
The background of the regulation regarding the DIY Regional Government Institutions is Article 30 paragraph (2)  In carrying out the privileged affairs to provide considerations, suggestions and opinions to the Governor, Parampara Praja is formed. Parampara Praja has a maximum of 9 (nine) members consisting of academics/technocrats, elements of the Sultanate and elements of the Duchy, as well as community leaders who are elected and appointed by the Governor (Article 22). So Parampara Praja is "a non-structural institution that has the task and function of providing considerations, suggestions and opinions regarding matters of privilege to the Governor of DIY". General Explanation of Perdais No. 1 of 2018 states "That the DIY Regional Government institutions have been stipulated by the Yogyakarta Special Region Regulation Number 3 of 2015 concerning the DIY Regional Government Institutions. Based on the evaluation, the DIY Regional Regulation Number 3 of 2015 concerning Regional Government Institutions needs to be improved regarding the association, the number of structures by taking into account the principles of rightsizing and regrouping which is guided by the magnitude of the workload of each Regional Apparatus." ║ 198 "The DIY Regional Government Institution is one of the privileges regulated in the Perdais, so to accommodate the provisions of Article 30 of Act No. 13 of 2012 concerning the Privileges of DIY, that institutional authority is held to achieve effectiveness and efficiency of government administration and public services based on the principle of responsibility, accountability, transparency and participation by taking into account the original form of government. This privilege in institutional authority is emphasized by the Minister of Home Affairs Regulation Number 8 of 2017 concerning the Institutions of the Yogyakarta Special Region Government in Article 2 which is used as the basis for the DIY Regional Government and the DIY DPRD in forming the DIY

Land
The Land that is directly controlled by the king is called land maosan/pamahosan dalem. In addition to the maosan dalem land, there is also kejawen land or lungguh land or gadhuhan land (apanage), which is land used to guarantee the needs of the royal family, or to pay the courtiers. The royal family or abdi dalem who received the land were called obedient or obedient lurah whose rights and obligations were contained in the obedient institution from 1863 38 . Kekancingan;  unused land. Furthermore, Village land as referred to in paragraph (1) letter a, its existence is based on the Village or Kelurahan parcel maps and supporting data. Serat Kekancingans as referred to in paragraph (1) letter b and letter c, are in the form of: a. Magersari; b. Ngindung; c. Anganggo; dan d. Anggaduh. "Magersari land is customary rights granted to the community as residents/users of the Sultanate Land and/or Duchy Land where between the occupants/users of the land there are historical ties and granted only to indigenous Indonesian citizens for a period of time as long as they inhabit/use. "Ngindung" is a customary right granted by the Sultanate or Duchy to the community or institution to use Non-Keprabon Land or Dede Keprabon over the Sultanate Land or Duchy Land by making an agreement whose term is mutually agreed upon; "Anganggo" is a customary right granted by the Sultanate or Duchy to the community or institution to use Non-Keprabon Land or Dede Keprabon without collecting the results and is independent; 45 Perdais No. 1 of 2017 also regulates: Management of Sultanate land and Duchy land, including administration (Articles 9-14), document maintenance (Article 15), supervision (Articles 16-18). It also regulates the utilization (Article 19-24) and the participation of Regional Government, Regency/City Government and Village Government (Article 24-28). If there is a dispute regarding the management and utilization of the Sultanate Land and Duchy Land, between the Sultanate or Duchy and the community/institution, then the handling is carried out based on deliberation and consensus facilitated by the Regional Government. And if consensus is not reached, then the settlement is carried 43 Article 6-7, Ibid. 44

Spatial
In spatial planning, Act No. 13 of 2012 stipulates that the authority of the Sultanate and the Duchy is limited to the management and utilization of the land of the Sultanate and the Duchy, by establishing a general framework for the policy on spatial planning of the lands of the Sultanate and Duchy in accordance with the Specialties of DIY by taking into account the national spatial layout and spatial planning of DIY (Article 34). . The Spatial Planning of the Sultanate and Duchy Lands is organized based on the following principles: a. recognition of origin rights; b. democracy; c. democracy; d. government effectiveness; and e. utilization of local wisdom. The purpose of regulating the Spatial Planning of Sultanate Land and Duchy Land is to: a. cultural development; b. social interests; and c. community welfare and for environmental sustainability and is used to build harmonization with other spatial units 49  The only area that since the beginning of independence has been given the status of "Special Region" as mandated by Article 18 of the 1945 Constitution (before and after the amendment) is the Special Region of Yogyakarta. In contrast to the granting of privileged status to Aceh Province, not since the beginning of the formation of Aceh Province, but the granting of its privileged status was during the reform and democratic transition period through Act No. 44 of 1999 is based more on socio-political considerations because Acehnese society continues to be in turmoil. Furthermore, Ni'matul Huda (2014) explains: "In the course of the history of the Aceh Government, it turns out that the granting of the privileged status of Aceh is seen as not enough because substantively the implementation of privileges in Aceh Province is the same as other regions in Indonesia.
Even the formation of Papua Province since its inception was given the status as an autonomous region by Act No. 12 of 1969 and has no status as a special or special region. The granting of special autonomy status to Papua Province is based more on sociopolitical considerations and not on historical facts (history of integration). " 54 Special autonomy differs from special regions, because in special autonomy the differences with other regions are not only in terms of the structure of regional government, but also include differences in the scope of rights, authorities and obligations of the regions, as well as the pattern and proportion of the relationship between the central government and special regions. . 55 Likewise, DKI Jakarta Province which is a special area that functions as the capital of the Unitary State of the Republic of Indonesia and at the same time as an autonomous region at the provincial level as regulated in Act No. 29 of 2007.

Conclusion
The granting of asymmetric decentralization in DIY was motivated by philosophical, historical, juridical and sociological factors. (2) DIY Regional Government Institutions (3) Culture, namely "Ngayogyakarta Hadiningrat Sultanate is the nation's cultural heritage that has been passed down from generation to generation and led by