Balancing Autonomy and Unity in Indonesia: Legal Validity of Aceh’s Flag and Emblem Regulation

Abstract

ABSTRACT
The granting of special autonomy to Aceh was intended to balance regional aspirations with Indonesia’s national unity. However, the adoption of Qanun No. 3 of 2013, which designated the former Free Aceh Movement (GAM) banner as the provincial flag, triggered legal and political disputes. Aceh regards the flag and emblem as expressions of its special status, while the central government sees them as threats to sovereignty and the supremacy of national symbols under the 1945 Constitution. This tension risks undermining Indonesia’s decentralization framework and the peace achieved in Aceh. This study examines the legal validity of Aceh’s flag and emblem regulation within Indonesia’s constitutional order, using a normative juridical method complemented by conceptual and historical approaches. Primary legal sources include the 1945 Constitution, Law No. 11 of 2006 on the Government of Aceh, and Qanun No. 3 of 2013, supported by secondary academic materials. Findings indicate that while Aceh’s autonomy provides grounds for adopting regional symbols, the use of the GAM flag exceeds constitutional limits, highlighting ambiguities in autonomy regulations. The study recommends reconstructing the regulation to align with national law while respecting Aceh’s identity. Clear legal guidelines and sustained dialogue are essential to prevent future disputes, maintain peace, and safeguard Indonesia’s unity.