The Legal Effect of Local Diversity Arrangement Related to the Correlation Pattern between Central and Local Governments

Abstract

Long before freedom, in this archipelago has conducted its own governmental practice, it showed in the existence of big and small kingdoms and original society structure which still accepted till now. One of Indonesian purpose is to protect all Indonesian people and whole Indonesian homelands, including protecting all diversity available.  In the era of New Order stated in the Statute   No. 5 in 1974 on Local Government, there was effort of government to make uniformity of all society structures and the correlation pattern used was centralization. It resulted in losing cultural values as the Indonesian wealthy. After reformation, to accommodate the society claims and to keep safe the cultural value, the government issued Statute   No. 23 in 2014 on Local Government, that all the diversity could be accommodated. In line with that, the research problem appears to be what the legal effect of formulating the word local diversity in act    18A (1) of the Constitution of Republic Indonesia in year 1945 related to the correlation pattern on authority between central and local governments.   This study is normative one, using qualitative juridical method.   The legal effect of formulating the word local diversity related to the correlation pattern on authority between central and local governments would be the possibility of un-uniformity in implementing authority correlation between central government and local government that has certain diversity. It showed in issuing the Statute   No. 21 in 2001 on Special Autonomy for Papua Province and the Statute    No.18 in 2001 on Special Autonomy for Province of Daerah Istimewa Aceh as Province Nanggroe Aceh Darussalam and the accepting of special authority for  Yogyakarta.

Keywords: Law effect, Local Diversity, Correlation, Central Government, Local Government.