scholarly journals Special Autonomy of Yogyakarta in the Context of Local Autonomy Law

2021 ◽  
Vol 7 (4) ◽  
pp. 515-524
Author(s):  
Muhamad Abdulah Sidiq

Local government is the authority of the autonomous regions to organize and manage the interests of local people according to their own initiative based on community aspirations in accordance with the laws and regulations. In response to the demands of government reform quite quickly, it has undertaken a sufficiently fundamental breakthrough of the various laws in the political field from the centralist-autoritarian to the autonomous-democratic. After successfully compiling the three laws on the political field that became the basis of the election in 1999 the government immediately followed him with a new law in the field of special politics on power relations between the central and local, namely Law no. 22 of 1999 on Regional Government and Law No. 25 of 1999 on Financial Relations between Central and Regional. The formation of regions is basically intended to improve public services in order to accelerate the realization of community welfare as well as political education at the local level. Considerations and other conditions that enable the area to organize and realize the purpose of the establishment of the region and the granting of regional autonomy. The Government may designate special areas in the autonomous regions to carry out specific government functions that are specific to national and / or national-scale interests "special" for the interests and benefit of Indonesia. One of these special autonomous regions is the Special Region of Yogyakarta that has been recognized special autonomous region in Law No.13 of 2012 on the privilege of Yogyakarta. 

Wajah Hukum ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 146
Author(s):  
Mhd Ansori

Supervision is a part of the overall authority of the government, because at the last level the Central Government must be responsible for the whole administration, justifying the holding of supervision of all regional actions, because the integrity of the Unitary State must be maintained. Regional autonomy as autonomy for regional people and not "regional" autonomy in the sense of a particular region / territorial at the local level, if the implementation of regional autonomy is carried out by the Regional Government, that authority must be managed fairly, honestly and democratically. In administering the government, the central government uses the principles of decentralization, co-administration and deconcentration in accordance with the prevailing laws and regulations, while the regional governments in administering the government use the principles of decentralization and co-administration. The purpose of this paper is to find out, analyze the supervision of regional autonomy. The type of research used is normative juridical research, using a conceptual approach, a legislative approach and a historical approach.


2018 ◽  
Vol 3 (1) ◽  
pp. 107
Author(s):  
Muhammad Syahwalan

Abstract: The problems of Regional autonomy with a centralistic tendency is incarnated in the mechanism of dismissal of regional heads according to Act No. 32 of 2004. A new regional government law has emerged, namely Act No.  9 of 2015 concerning the Second amendment of Act No. 23 of 2014 about Regional Government. This research is a type of normative juridical research with primary sources of regional government laws. The results of the study show that the dismissal of regional heads and/or deputy regional heads is carried out by the DPRD leadership to the President. This proposal is obtained from a series of supervisory processes. If the DPRD leadership is not able to carry out this task, the proposal will be made by the Minister of Home Affairs. The political nuance of each law issued above has an influence on the flexibility of legal ideals to create autonomous regions. The freedom of the region to take care of its own region independently slowly reaches its way until the Act No. 23 of 2014 has been fairly proper in representing the ideals of the region to become more independent and carry out the broadest autonomy in accordance with the constitutional mandate. Keywords: Impeachment Mechanism, Regional Head, Regional Government.


Author(s):  
Roman Yu. Pochekaev

Mikhail Speranskiy, an outstanding Russian statesman and legislator of the first half of the 19th century, was Governor-General of Siberia from 1819 to 1821. The main result of this moment in his career was the government reform in Asiatic Russia as well as the formulation in 1822 of a set of codes – rules and regulations – for Siberia and its peoples. Speranskiy tried to incorporate his theories on state and law into these codifications. One of these codes was the Rules on the Siberian Kirghiz which provided for a reform of the government system of the Kazakhs (‘Kirghiz’ in the Russian pre-revolutionary tradition) of the Middle Horde, who were under the control of Siberian regional authorities. The Middle Horde became a place where Speranskiy could experiment with his ideas. Previous researchers have paid more attention to the consequences of the promulgation of the ‘Rules on the Siberian Kirghiz’ for the later history of Kazakhstan. This paper clarifies which specific ideas of Speranskiy on state and law the Rules on the Siberian Kirghiz reflect, and answers the question of whether they had practical importance. A substantial part of the ‘Rules on the Siberian Kirghiz’ was, in fact, ineffective and would not be used in practice because of Speranskiy’s lack of knowledge of the Kazakhs, and his underrating of their political and legal level. At the same time, the authority of Speranskiy in 19th century Russia as legislator and reformer was so high that his Rules on the Siberian Kirghiz remained in force until the 1860’s, when the next substantial administrative reforms of the Kazakh steppe took place.



Lentera Hukum ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 131
Author(s):  
Era Nandya Febriana ◽  
Jayus Jayus ◽  
Rosita Indrayati

Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution. Keywords: Authority, Local Government, Management of Regional Property


2019 ◽  
Vol 19 (1) ◽  
pp. 75
Author(s):  
Lies Ariany ◽  
Risni Ristiawati

The Regional government which carried out based on the principle of autonomy as wide as possible implies that the regions are given the authority to regulate and manage all their own affairs. So, this study tried to conduct a study of normative law to further examine the nature of the implementation of regional autonomy, and the second tried to analyze the role of regional regulations in order to support the implementation of regional autonomy through library research using the statute approach and conceptual approach. The results of the study indicated that one of the important ideals and rationalities for implementing regional autonomy was to make the policy process closer to the society, not only in the central government. For this reason, authority needs to be given so that local governments can take their own initiative to make decisions regarding the interests of the local community through laws at the local government level. Thus, the contents of the Regional Regulations are to accommodate the interests of the people in the regions in order to achieve happiness and prosperity that is distributed equally to the people in the area.Pemerintah daerah dilaksanakan berdasarkan prinsip otonomi yaitu memberi dan melaksanakan rumah tangga itu sendiri. Untuk alasan ini, penelitian ini adalah studi hukum normatif untuk memeriksa lebih lanjut tentang pelaksanaan otonomi daerah dan pendekatan lain yang dapat dianalisis dengan menggunakan pendekatan perpustakaan menggunakan pendekatan Statuta dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa salah satu cita-cita dan rasionalitas penting pelaksanaan otonomi daerah adalah membuat proses lebih dekat dengan masyarakat, tidak hanya di pemerintah pusat. Untuk alasan ini, perlu mengisi ruang sehingga pemerintah dapat mengambil inisiatif sendiri untuk membuat keputusan tentang lingkungan masyarakat melalui peraturan di tingkat pemerintah daerah. Ini adalah konten materi dari Peraturan Daerah pada dasarnya untuk mengakomodasi manfaat masyarakat di daerah dalam rangka mencapai kebahagiaan dan kemakmuran yang didistribusikan secara merata kepada orang-orang di daerah tersebut.(The regional government is carried out based on the principle of autonomy is giving and carrying out the household itself. For this reason, the research is normative legal studies to examine more about the implementation of regional autonomy and other approaches that can be analyzed using the library approach using the Statute approach and the conceptual approach. The results of the study show that one of the important ideals and rationalities of the implementation of regional autonomy is to make the process closer to the community, not only in the central government. For this reason, it is necessary to fill the space so that the government can take its own initiative to make decisions about the community environment through a regulation at the regional government level. This is the material content of the Regional Regulation is essentially to accommodate the benefits of the community in the area in order to achieve happiness and prosperity that is evenly distributed to the people in the area). 


2019 ◽  
Vol 3 (2) ◽  
pp. 96-112
Author(s):  
Aditya Syaprillah

AbstrakImplementasi otonomi daerah hendaknya dapat dipahami sebagai suatu kesempatan untuk dapat mengembangkan daerah dengan keleluasaan yang telah diberikan Pemerintah melalui desentralisasi yang berujung pada kewenangan dalam membentuk Perda. Perda merupakan instrumen hukum yang dibuat oleh pemerintah di daerah dalam menyelenggarakan kewenangannya untuk mewujudkan otonomi yang dimiliki, disamping merupakan penjabaran lebih lanjut dari peraturan perundang-undangan yang lebih tinggi. Dengan kewenangan tersebut dimana Perda mengalami peningkatan jumlah yang sangat tidak terkendali, jarang dari Perda tersebut dibatalkan dengan berbagai alasan. Permasalahan Materi muatan Perda yang tumpang tindih dan bertentangan dengan peraturan perundang-undangan yang lebih tinggi. Untuk mengatasi permasalahan tersebut perlu penataan harmonisasi penyusunan Perda melalui mekanisme executive preview oleh pemerintah atasan dalam mengevaluasi Perda yang dibentuk oleh pemerintah bawahan. Kewenangan pemerintah pusat (Menteri) dan Pemerintah Daerah (Gubernur) yang melakukan executive preview dalam bentuk evaluasi Perda dan Keputusan Kepala Daerah Kabupaten/Kota (Bupati/Walikota) Dan Hasil evaluasi dan pemberian nomor register tersebut merupakan langkah pengawasan preventif yang sudah sangat tepat dilakukan oleh pemerintah daerah.Kata Kunci: Pemerintah, Peraturan, Pengawasan.AbstractThe implementation of regional autonomy should be understood as an opportunity to be able to develop regions with the flexibility that has been given by the Government through decentralization which ends in the authority to form a Regional Regulation. The regional regulation is a legal instrument made by the regional government in exercising its authority to realize its autonomy, besides providing further elaboration of the higher statutory regulations. With this authority where the Regional Regulation has increased in an uncontrolled number, it is rare that the Regional Regulation has been canceled for various reasons. Problems the content of local regulations is overlapping and contradictory to higher laws and regulations. To overcome these problems, it is necessary to arrange harmonization of the compilation of local regulations through an executive preview mechanism by the superior government in evaluating the regional regulations established by subordinate governments. The authority of the central government (the Minister) and the Regional Government (the Governor) conducting the executive preview in the form of an evaluation of the Regulations and Decisions of the Regency / City Regional Head (Regent / Mayor) regional government.Keywords: Government, Regulation, Supervision.


2011 ◽  
Vol 32 (1) ◽  
pp. 37-72
Author(s):  
Cristina Jayme Montiel ◽  
Judith M. de Guzman

Using social representations theory, we studied the social meanings of a controversial Memorandum of Agreement (MOA) between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front. In Study One, we describe the discursive content of the social debate by content analyzing articles from newspapers and selected websites. Study Two uses a survey to examine the fit between social representations of the political elite, as found in media, and the nonelite in Mindanao territories where the MOA was hotly contested. Study Three presents the social representations of the MOA at the local level through analysis of key informant interviews and archival data. Discriminant analysis on survey data shows that in general, the debate of political elites in media mirrors the contentions on-the-ground. However, the issue of constitutionality was only taken up by the political elite. Our findings suggest that the political stumble of the GRP-MILF peace process lay in a lack of procedural fairness and an on-the-ground participatory process acceptable to all antagonistic parties. However, the socially represented fair procedure is not about conventional democratic ways like using or not using a constitutional frame, but rather about pragmatic positioning and public consultations.


2020 ◽  
Vol 22 (2) ◽  
pp. 197-214
Author(s):  
Basri Effendi ◽  
Sufyan Sufyan

Penelitian ini bertujuan menganalisis capaian program legislasi daerah dari aspek politik hukum. Program tersebut dilaksanakan setiap tahun lembaga eksekutif dan legislatif sebagai bentuk legal policy dalam menyusun suatu program, yang mana setiap program tersebut membutuhkan landasan hukum yang konstitusional. Hal ini juga menjadi salah satu indikator tercapainya good governance dalam penyelenggaraan pemerintahan daerah. Dengan menggunakan metode penelitian yuridis empiris dan análisis data kualitatif, penelitian ini menemukan bahwa tingkat keberhasilan pembahasan Program legislasi daerah di Aceh hanya 24,66% per/tahun. Ada pelbagai kendala yang menghambat pelaksanaan program legislasi daerah di Aceh, diantaranya adalah anggaran yang minim, political will yang tidak kuat, terbatasnya sumber daya manusia dengan waktu yang tersedia, serta tidak realistisnya antara jumlah qanun usulan Prolegda dengan kemampuan penyelesaian. Pemerintah dan DPR harus lebih realistis dalam menetapkan jumlah target legislasi daerah tiap tahun.  Achievement of Aceh Legislation Programs This study aims to analyze the achievements of the regional legislative program from the political law aspects. The program is carried out annually by the executive and legislative bodies as a form of legal policy in developing a program where each of which requires a constitutional legal basis. This is also one indicator of the achievement of good governance in the administration of regional government. Using empirical juridical research methods and qualitative data analysis, this study found that the success rate of discussion of the regional legislative program in Aceh was only 24.66% per year. There are various obstacles that hamper the implementation of the regional legislation program in Aceh, including a minimal budget, insufficient political will, limited human resources and time, and an unrealistic number of Prolegda's proposed qanuns and the ability to resolve the proposal. The government and Parliament should be more realistic in setting the target number of regional legislation each year.


2020 ◽  
Vol 4 (2) ◽  
pp. 177-212
Author(s):  
Ridwan Ridwan ◽  
Mulia Jaya ◽  
Rusdi Rusdi

Encoding is one of the mandatory matters that is not related to basic services. To elaborate regional authority related to coding matters, mapping of coding affairs is carried out in the context of structuring the Provincial / Regency / City Regional Institutional Apparatus in the Field of Encoding according to the direction of Law No. 23 of 2014 concerning Regional Government. With the enactment of Law Number 23 Year 2014 in the Jambi Provincial Government, especially in the Bungo District, realizing harmonization of policies between the center and the regions that synergize with each other and will achieve the goals of Regional Autonomy in the welfare of people's lives. In the Bungo Regency in the coding activity supported by 17 sub-districts within the Regency area, the implementation was not yet optimal. This research uses qualitative research methods, qualitative research has a flexible nature. This research found that the implementation of the duties and functions of the Bungo Regency coding team in maintaining confidential government information in the context of efforts to realize the integrity of the Unitary State of the Republic of Indonesia (NKRI) had not gone well. This is evidenced by the lack of awareness and responsibility of the coding team on the duties and functions of the coding field. Obstacles or obstacles facedby the coding team in carrying out their functions in safeguarding confidential government information in an effort to realize the integrity of the Unitary State of the Republic of Indonesia, including lack of awareness and full support from superiors or officials authorized to carry out coding functions and functions, there is no means from the government in the implementation of duties and functions in the coding field.


Politeja ◽  
1970 ◽  
Vol 12 (2 (34/1)) ◽  
pp. 93-106
Author(s):  
Myrosława Lendel ◽  
Switłana Buła

Local government in Ukraine: the form without content Ukrainian crisis of 2013/2014 that is perceived as Euromaidan can be explained, besides other external reasons, also in the terms of the mental and societal conflict between formally democratic, but non‑working legal norms, and the clientele, even feudal political practice. The ideal of democracy can be tested on the local level where the government structures are physically closer to citizens that can use the mechanisms of the direct and other forms of democracy. But in Ukraine the scenario of the rapid and radical transition towards the principles of the local democracy that was implemented in some Central‑European countries was not realized because of the inherited system of the centralized governance, the administrative and territorial division, lack of the motivated elite, non‑activist type of the political culture. The existing legal environment for functioning of the elected councils and mayors did not stimulated the efficient development of the local communities, as well as the faith of the citizens in the role of the political decision‑making, that is the core of the local democracy. Set of the political discourses that are vital in the modern Ukraine and connected with the question of the political system renovation is centered around the decentralization of power, construction of the new scheme of the administrative division of Ukrainian regions. The adoption of the new Constitution in the pair with the political activism of Ukrainian can be a starting point for the construction of the vital local government filled with the sense of democracy.


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