The Role of Authority and Legal Sovereignty in Indonesia’s Decentralized Regional Governance

Abstract

The distribution of authority and power within Indonesia's constitutional system has experienced significant development since the amendments to the 1945 Constitution. Constitutional reforms emphasized a horizontal separation of powers among the legislative, executive, and judicial branches, as well as a vertical distribution through the implementation of regional autonomy. The principle of legal sovereignty positions law as the highest authority, ensuring that the powers of state institutions and local governments are always grounded in legal norms. In the context of an archipelagic state, decentralization provides a strategic solution to address the country's vast territory and socio-cultural diversity. Regional autonomy grants local governments the space to manage their own administrative affairs, aiming to deliver effective and democratic public services. However, the practice of decentralization faces challenges, including overlapping regulations, varying capacities among regions, and slow bureaucratic processes. Inter-regional cooperation emerges as a key instrument to strengthen national integration and enhance public welfare. This study employs a normative juridical approach to analyze the dynamics of authority, power, and decentralization within the framework of regional autonomy.