Azmir, Murza (2025) Harmonisasi Regulasi Menuju Model Ideal Pembagian Kewenangan Antara Badan Pengusahaan Karimun dan Pemerintah Daerah Dalam Kerangka Otonomi Daerah. Masters thesis, Universitas Islam Riau.

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Abstract

The implementation of KPBPB Karimun creates juridical dualism and fundamental authority conflicts between the centralistic Business Agency (BP) based on the lex specialis regime, and the decentralistic Regional Government according to the mandate of regional autonomy. This clash of legal regimes has led to overlapping authorities in crucial sectors such as licensing, spatial planning, and fiscal, which has implications for legal uncertainty, the erosion of the PAD, and the deficit of BP's democratic accountability to local communities. Therefore, this research is crucial to formulate an ideal model of regulatory harmonization that is able to synergize national economic goals with the principle of regional autonomy through a clear, fair, and synergistic power-sharing scheme. This study aims to examine and analyze the harmonization of regulations that can be carried out to overcome the overlap of authority between the Karimun Business Agency and the local government in the management of the Free Trade Zone and Free Port under the framework of regional autonomy as well as to examine and analyze the ideal model that can be applied to harmonize the division of authority between the Karimun Business Agency and the Regional Government within the framework of regional autonomy. This study uses mixed methods that combine normative juridical approaches and empirical juridical approaches, with the nature of analytical descriptive research. Through a statute approach, a case approach, and an analytical approach. The results of the study concluded that the ideal model for overcoming overlapping authority is the "Collaborative Hybrid Model with Function-Based Authority Sharing", which fundamentally transforms antagonistic relationships into strategic partnerships. This model is implemented through three simultaneous levels: first, at the substance level, by amending regulations (Government Regulations) to establish a clear power-sharing matrix based on the function of national economic acceleration for BP and basic public services for local governments and establishing a fair fiscal profit-sharing scheme. Second, at the structural level, by establishing permanent liaison institutions at the local level such as the "Karimun Development Harmonization Council" as a forum for binding joint decision-making and dispute mediation. Third, at the operational and cultural levels, by integrating support systems through joint planning and the implementation of integrated Standard Operating Procedures (SOPs). A crucial pillar of this model is to strengthen democratic accountability by providing a supervisory role to the DPRD over collaborative performance, in order to bridge the democratic deficit and ensure that development is in line with local aspirations.

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