Comparative Study of Qanuns and Regional Regulations: Exploring the Distinctive Features of Aceh

Evolutionary Studies in Imaginative Culture:1304-1313 (forthcoming)
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Abstract

This research examines the comparison between Qanuns and Regional Regulations (Perda) in the context of Aceh, with a focus on the uniqueness possessed by Aceh as an autonomous region. Qanuns, as the term for provincial regulations in Aceh, are formed through a collaborative process between the Governor and the Aceh Regional Representative Council (DPRA) within the framework of the Regional Legislation Program (Prolega). Aceh is recognized as having a special status based on Law Number 11 of 2006 concerning the Governance of Aceh (UUPA), which grants the right and authority to independently manage government affairs, as a result of the Helsinki MoU. This research also identifies an exception to the obligation to include an Academic Manuscript in the formation of Qanuns, which is a mandate from a higher regulation, to avoid conflicts. However, challenges in the implementation of Qanuns arise due to constraints in the guidance and supervision by the government, which creates injustice for Aceh. The research methodology combines empirical and normative approaches, involving interviews and field observations to analyze the differences and specifications between Qanuns and Perdas, as well as their implications for regional governance. The research found that Qanuns in Aceh have a different formation process compared to Regional Regulations (Perdas) in other provinces, with the specifics regulated in the Law on the Governance of Aceh (UUPA). There is an exception to the obligation of an Academic Manuscript for Qanuns, which is a direct mandate from a higher regulation. Despite being granted special autonomy, challenges in the implementation of Qanuns arise due to constraints in the guidance and supervision by the central government.

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