The concept of Regional Autonomy

The day after independence, the Unitary State of Indonesia has set a choice basically formally adopted the principle of decentralization in governance, by providing the opportunity and flexibility to the regions to hold regional autonomy. It can be inferred from the sound of Chapter IV, Article 18 UUD 1945, and his explanation. In Article 18 UUD 1945, among others, stated that "the division of areas of Indonesia on the small and large area, with form and structure of government established by law." Meanwhile, in explanation of such article, among others, argued that:
"... Because of the Indonesian state was a" eenheidsstaat ", so Indonesia will not have areas within the neighborhood who are also staat. Indonesian region would be divided into provinces and smaller areas. Regions that are autonomous (and locale streck rechtsgemeenchappen) or are mere administrative regions, all according to rules set by statute. "
In the second amendment to the 1945 Constitution, such provision amended. The amendment does not change its essence, but is more emphasized, clarify and complement. Mentioned, for example, "Unitary State of Indonesia is divided into provinces and those provinces shall be divided into districts and cities, which each provincial, district and town had local government" (article 18 paragraph 1). The local governments and manage their own affairs according to the principle of autonomy and duty of assistance (article 18 paragraph 2). Furthermore, it is said that local government autonomy to run, except in matters of government which by law is determined as the affairs of the central government (article 18 paragraph 5 of the 1945 Constitution).
Etymologically, the word autonomy comes from the Latin "autos" meaning self and "nomos" which means rule. Thus, first of autonomy means it has "self rule" or have the right / power / authority to make their own rules. Then the meaning has expanded to become "self-government." Self-government include the setting or the legislation itself, the implementation itself, and within certain limits also own courts and police (Josep Riwu Kaho, 1991:14). Meanwhile, in the Law No. 32/2004 on Regional Government affirmed that regional autonomy is the right, authority and obligations of the autonomous regions to control and manage their own affairs and interests of local communities in accordance with statutory regulations.
Government affairs and interests of local people who are governed and administered include the authority-the authority given by the central government to the regions to be held within its own initiative based on community aspirations. Josef Riwu Kaho (1991:15-17) mentions a variety of techniques to determine which areas of the affairs of the central government and which is a local government authority, ie (a) the system of residuals, (b) material system, (c) the formal system, ( d) a system of real autonomy, and (e) the principle of autonomy is real, dynamic and responsible.
In the residue system, generally designated in advance the tasks that the authority of the central government, while the rest became the housekeeping area. Kindness, especially located at the time of emergence of new purposes, local governments can quickly make decisions and take action as deemed necessary, without waiting for orders from the center. Instead, the system can also cause trouble remembering one capability area to another is not the same in the various fields or areas. As a result, fields or tasks that are formulated in general this may be too narrow for the regions whose capacity is limited.
Meanwhile, in a material system, local government tasks assigned one by one in a limitedly or detail. Outside the tasks that have been determined, the central government affairs. The weakness, the system is less flexible because any change in the duties and authority of government must be done through a procedure that long and convoluted. As a result, progress memghambat region, because they must wait for the delivery of concrete for every business. Sometimes an affair to lie fallow, not administered by the central government nor by local governments. Whereas in the formal system, the region should control and manage everything that is considered important for the region, provided that it does not include matters that have been governed and administered by central or local government that higher level. In other words, the housekeeping area bounded by laws and regulations that higher level.
In the real autonomous system, the delivery business or duties and powers to the regions based on actual or real factors, in accordance with real needs and capabilities of local or central government and the growth of community life that occurred. Because of its duties and obligations and the authority is based on the real situation in society, then it is likely that can be generated is that the task or business which has been the central government's authority can be handed over to local governments with a view to the ability and keperluannya to be arranged and taken care of itself. Conversely, a task that is now the local authority, at a time, if deemed necessary may be transferred back to the central government or withdrawn from the area.
The principle of autonomy is real, dynamic and responsible manner known in the Law No. 5 of 1974 as one of the variations of the system of real autonomy. In the Law on Local Government that a new, namely Law No. 22 years old in 1999, regional autonomy implemented by providing a broad authority, real and responsible to the regions in proportion to that realized with the arrangement, distribution and utilization of national resources is equitable, and financial balance between central and local.
The authority of regional autonomy is the freedom to organize the administration covering all areas of government, except foreign affairs, defense and security, judiciary, monetary and fiscal, religion, and authorities in other areas that will be determined by government regulation. In addition, the flexibility of autonomy includes complete authority and operate round the start of the planning, implementation, monitoring, control and evaluation.
The definition of real autonomy is the freedom to carry out the authority of local governments in certain areas which significantly exist and is required as well as to grow, survive and thrive in the area. While autonomy is a responsible form of manifestation of accountability as a consequence of granting the right and authority to the regions in the form of duties and obligations to be borne by the region in achieving the goals of autonomy, by increasing welfare services and a better society, the development of democracy, justice and equality and maintenance of harmonious relations between central and local government and among the regions in order to preserve the integrity of the Unitary Republic of Indonesia.
Meanwhile, in explanation of Law. 32 years in 2004 on Local Government stated that the principle of local autonomy using the principle of autonomy, real and responsible. The definition of the principle of autonomy is that the region is given the authority to manage and regulate all administrative matters outside the affairs of the Central Government. Region has the authority to make local policy to provide services, increase participation, and community empowerment initiative aimed at improving people's welfare.
While real autonomy principle is a principle that in order to handle the affairs of government conducted by the task, authority and obligations of the existing actual and potential to grow, live and develop in accordance with the potentials and regional particularities. Thus the content and type of autonomy for each area is not always the same with other regions. As for who is responsible autonomy is the autonomy must operate completely in line with the purpose and intent of autonomy, which is basically to empower the region, including improving people's welfare which is a major part of its national goals.
Along with that principle, the implementation of regional autonomy must always be oriented to improving the welfare of the community by always considering the interests and aspirations to grow within society. In addition, decentralized governance must also ensure harmony between the region with other regions, meaning able to build inter-regional cooperation to improve the common welfare and to prevent inequality between regions. The important thing also is that the regional autonomy must also be capable of ensuring harmonious relations among the regions with the Government, means must be able to maintain and protect the territorial integrity of states and countries upholding the Unitary Republic of Indonesia in order to realize the goal state.