Regional Government Politics in Indonesia: A Critical Legal Studies Perspective

The legal politics of regional government in Indonesia is intrinsically tied to regional autonomy, a constitutional pillar of governance. This research examines the causal relationship between the political and legal subsystems in implementing regional autonomy. Using a normative juridical approach, it highlights how legal policies—whether through new laws or amendments—reflect political dynamics. Grounded in the Critical Legal Studies (CLS) perspective, the study critiques the notion of legal neutrality, arguing that positive law, both in its formulation and application, is deeply embedded in political interests. This interdependence underscores how laws on regional autonomy, including those under Law Number 23 of 2014, are shaped by societal and political contexts. The research contributes by revealing how the CLS framework explains the fluid dynamics of regional autonomy, emphasizing the interplay between law and politics in shaping governance. It offers critical insights into achieving balanced autonomy within Indonesia’s unitary state framework.

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Publication Details

Journal
Yustisia Tirtayasa Jurnal Tugas Akhir
Published
2024-09-15
DOI
https://doi.org/10.51825/yta.v4i3.30247
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Regional Government Politics in Indonesia: A Critical Legal Studies Perspective

Pipih Ludia Karsa, Eki Furqon, Adrianto Oktavianus, Rizky Arifianto
Yustisia Tirtayasa Jurnal Tugas Akhir
Legal Studies and Policies
article

Regional Government Politics in Indonesia: A Critical Legal Studies Perspective

Pipih Ludia Karsa, Eki Furqon, Adrianto Oktavianus, Rizky Arifianto
article en

Abstract

The legal politics of regional government in Indonesia is intrinsically tied to regional autonomy, a constitutional pillar of governance. This research examines the causal relationship between the political and legal subsystems in implementing regional autonomy. Using a normative juridical approach, it highlights how legal policies—whether through new laws or amendments—reflect political dynamics. Grounded in the Critical Legal Studies (CLS) perspective, the study critiques the notion of legal neutrality, arguing that positive law, both in its formulation and application, is deeply embedded in political interests. This interdependence underscores how laws on regional autonomy, including those under Law Number 23 of 2014, are shaped by societal and political contexts. The research contributes by revealing how the CLS framework explains the fluid dynamics of regional autonomy, emphasizing the interplay between law and politics in shaping governance. It offers critical insights into achieving balanced autonomy within Indonesia’s unitary state framework.

Yustisia Tirtayasa Jurnal Tugas AkhirVol. 4(3)
Sultan Ageng Tirtayasa University (ID)
Openalex Percentile: Top 48%
Legal Studies and Policies
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