Kontroversi dan Implikasi Hukum Orde Baru: Sebuah Tinjauan Kritis

The New Order regime in Indonesia, spanning from 1966 to 1998, was a period marked by significant political, social, and economic transformations. While the regime brought about stability and economic growth, it also implemented policies that were highly controversial and had lasting legal implications. This article delves into the controversies and legal implications of the New Order, examining its impact on Indonesian society and its enduring legacy.

The Rise of the New Order and its Legal Framework

The New Order emerged following the tumultuous period of the 1965 coup attempt, which led to the downfall of President Sukarno. General Suharto, who played a pivotal role in suppressing the coup, assumed power and established a new political order. The New Order regime sought to consolidate its authority and establish a legal framework that would underpin its rule. This involved enacting a new constitution, the 1945 Constitution, which replaced the 1950 Constitution. The 1945 Constitution, with its emphasis on strong executive power, provided the legal basis for the New Order's authoritarian rule.

Controversial Policies and Human Rights Violations

The New Order regime implemented a range of policies that were highly controversial and resulted in widespread human rights violations. One of the most significant controversies was the suppression of political dissent and the persecution of political opponents. The regime established a system of political control that effectively silenced opposition voices. This included the use of arbitrary arrests, detention without trial, and torture. The regime also implemented a policy of "normalization" aimed at eliminating communist influence from Indonesian society. This policy led to the mass killings of suspected communists and their sympathizers, resulting in a tragic loss of life.

The Legal Implications of the New Order

The New Order's policies had profound legal implications that continue to shape Indonesian society today. The regime's emphasis on stability and order led to the enactment of laws that restricted freedom of expression and assembly. These laws, such as the Anti-Subversion Law and the Press Law, were used to silence dissent and control the media. The regime also established a system of legal institutions that were subservient to the executive branch, undermining the independence of the judiciary. This system of legal control allowed the regime to operate with impunity, perpetuating human rights violations and suppressing political opposition.

The Legacy of the New Order

The New Order regime left a lasting legacy on Indonesian law and society. The regime's authoritarian policies and human rights violations have had a profound impact on the country's political culture and legal system. The legacy of the New Order continues to be debated, with some arguing that the regime's emphasis on stability and economic growth was necessary for Indonesia's development, while others criticize its authoritarianism and human rights abuses. The transition to democracy in 1998 marked a significant shift away from the New Order's legacy, but the country continues to grapple with the legal and social implications of the regime's policies.

The New Order regime in Indonesia was a period of significant political and legal change. While the regime brought about stability and economic growth, it also implemented policies that were highly controversial and had lasting legal implications. The regime's emphasis on order and control led to the suppression of political dissent, human rights violations, and the establishment of a legal system that was subservient to the executive branch. The legacy of the New Order continues to shape Indonesian society today, as the country grapples with the legal and social implications of the regime's policies.