KULIAH HUKUM TATA NEGARA: Pemerintahan Daerah di Masa Orde Baru

Summary

This lecture delves into Law No. 5 of 1974, which outlines the fundamentals of regional governance in Indonesia during the New Order era. The speaker discusses the law's historical context, highlighting its centralist approach and its role in stabilizing national governance. The lecture emphasizes the trilogi of development—national stability, economic growth, and equitable distribution—as guiding principles behind the law's implementation. Furthermore, it examines the law's impact on local autonomy and governance practices, revealing its enduring influence until the reform era. Overall, it provides a critical perspective on regional governance amidst Indonesia's political landscape.

Takeaways

• 😀 The lecture discusses Law No. 5 of 1974 concerning the fundamentals of regional governance during the New Order era in Indonesia.
• 📜 The New Order government replaced the previous Old Order, leading to significant changes in governance structures and laws.
• ⚖️ Law No. 18 of 1965 was declared invalid and was subsequently replaced by Law No. 5 of 1974, which consists of 94 articles.
• 🌍 The law introduced key concepts such as regional autonomy and administrative areas, setting the foundation for governance in regions.
• 🏛️ The New Order regime promised to hold elections, which were delayed until 1972, affecting the legitimacy of the governance structure.
• 📈 The philosophy of development during the New Order revolved around three key principles: national stability, economic growth, and equitable distribution.
• 🔍 Many academic studies and dissertations focus on Law No. 5 of 1974, highlighting its centralist tendencies compared to the desired decentralization.
• 👥 The law mandated that regional heads be nominated and elected by the Regional People's Representative Council (DPRD), with significant central government involvement.
• 🏢 Local government accountability was primarily to the central government rather than to the DPRD, illustrating a centralist approach to governance.
• 🗓️ Law No. 5 of 1974 remained in effect for 25 years, significantly shaping regional governance before the reforms of 1998.

Q & A

What is the primary focus of Law No. 5 of 1974 regarding regional government?

Law No. 5 of 1974 focuses on the fundamental principles of regional governance in Indonesia, establishing the framework for local autonomy and the responsibilities of central government in the regions.

How did the New Order period in Indonesia differ from the previous order?

The New Order period introduced a new governmental structure, characterized by centralization of power, which was significantly different from the previous Old Order, which allowed for more regional autonomy.

What was the law in effect before Law No. 5 of 1974, and what happened to it?

The law in effect before Law No. 5 of 1974 was Law No. 18 of 1965. It was declared invalid by the MPR's TAP in the early New Order, leading to the enactment of Law No. 5 of 1974.

What are the three pillars of development emphasized during the New Order?

The three pillars of development during the New Order, known as the trilogi of development, are national stability, economic growth, and economic equity.

How many articles are contained in Law No. 5 of 1974?

Law No. 5 of 1974 contains a total of 94 articles, organized into various chapters covering different aspects of regional governance.

What role did the central government play in the appointment of regional leaders under this law?

Under Law No. 5 of 1974, regional leaders (heads of regions) were nominated by the local DPRD but ultimately appointed by the President through the Ministry of Home Affairs, showcasing a strong central government influence.

What is meant by 'decentralization' and 'centralization' in the context of this law?

Decentralization refers to the distribution of authority and responsibility to local governments, while centralization signifies the concentration of power within the central government. Law No. 5 of 1974 is viewed as leaning more towards centralization.

What is the significance of the term 'regional autonomy' in Law No. 5 of 1974?

Regional autonomy in Law No. 5 of 1974 signifies the authority granted to local governments to manage their own affairs within certain limits, while still being subject to central government oversight.

How did this law impact the accountability of regional heads?

The law stipulated that regional heads were not required to report directly to the DPRD but were accountable to the central government, diminishing the local legislature's oversight role.

Why is Law No. 5 of 1974 considered an important piece of legislation in Indonesia's history?

Law No. 5 of 1974 is considered significant because it laid the groundwork for regional governance and autonomy in Indonesia, influencing local governance practices for 25 years until the reforms of 1999.