scholarly journals Ambiguitas Hasil Pemantauan dan Evaluasi Dewan Perwakilan Daerah terhadap Rancangan Peraturan Daerah dan Peraturan Daerah

2020 ◽  
Vol 15 (1) ◽  
pp. 93-110
Author(s):  
Hanif Hardianto ◽  
Ratna Herwati
Keyword(s):  
Monitoring And Evaluation ◽  
Regional Government ◽  
Second Amendment ◽  
The Republic ◽  
Laws And Regulations

Dewan Perwakilan Daerah merupakan lembaga yang dalam pembentukaannya untuk mewakili kepentingan daerah. Tugas dan kewenangan Dewan Perwakilan Daerah diatur dalam Pasal 22 D ayat (1), (2), (3) Undang-Undang Dasar Negara RI Tahun 1945. Tugas dan kewenangan tersebut dijabarkan dalam berbagai peraturan perundang-undangan, salah satunya Undang-Undang Nomor 2 Tahun 2018 tentang perubahan kedua atas Undang-Undang Nomor 17 Tahun 2014 tentang MPR, DPR, DPD dan DPRD. Penelitian ini bertujuan untuk menganalisis hasil pemantauan dan evaluasi DPD terhadap rancangan peraturan daerah dan peraturan daerah, sebagaimana tercantum dalam Pasal 249 ayat (1) huruf j Undang-Undang Nomor 2 Tahun 2018. Penelitian dilakukan dengan menggunakan metode yuridis normatif karena bahan hukum perimer yang digunakan adalah peraturan perundang-undangan serta bahan hukum sekundernya adalah literatur dari jurnal dan buku yang berkaitan dengan permasalahan. Hasil penelitian menunjukkan bahwa kewenangan tersebut masih terdapat dualisme karena eksekutif juga memiliki kewenangan untuk memantau dan mengevaluasi rancangan peraturan daerah atau biasa disebut eksekutif preview. Kewenangan yang dimiliki DPD Pasal 249 ayat (1) huruf j Undang-Undang Nomor 2 Tahun 2018 belum memiliki kejelasan mekanisme yang dilaksanakan sehingga menimbulkan ambiguitas dalam pelaksanannya. Untuk memperkuat kejelasan secara yuridis diperlukan perubahan terhadap Undang-Undang Nomor 2 Tahun 2018 dan Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah. Regional Representative Council is an institution in its formation to represent regional intersests. The duties and authorities of the Regional Representative Council are regulated in Article 22 D paragraph (1), (2), (3) of the 1945 Constitution of the Republic Indonesia.these duties and authorities are spelled out in various laws and regulations, one of which is law number 2 of 2018 concerning second amendment to law number 17 if 2014 concerning MPR, DPR, DPD and DPRD. This study aims to analyze the results of DPD monitoring and evaluation of the draft regional regulations and regional regulations, as stated in Articele 249 paragraph (1) letter J of Law Number 2 of 2018. The study was conducted using normative juridicial method because the primer legal material used was legislation and the secondary legal material was literature from journals and books relating on the problem. The results of the study showed that the authority still contained dualism because the executive also had the authority to monitor and evaluate the draft regional regulation or commonly called an executive preview. The authority possessed by DPD Article 249 paragraph (1) letter J of Law Number 2 of 2018 does not yet have a clear mechanism implemented so as to cause ambiguity in its implementation. To strengthen juridicial clarity, it is necessary to amend Law Number 2 of 2018 and Law Number 23 of 2014 concerning Regional Government.

MEMANTAPKAN LANDASAN HUKUM FORMIL SEBAGAI ALAT SINGKRONISASI DAN HARMONISASI PERATURAN PERUNDANG - UNDANGAN

2020 ◽  
Vol 10 (2) ◽  
pp. 158
Author(s):  
Insan Tajali Nur
Keyword(s):  
Regional Government ◽  
Second Amendment ◽  
Rules Of Procedure ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

The regulation in the Regional Regulation is faced with the problem of how the Regional Regulation can regulate the affairs of authority in accordance with the characteristics of the region. But it does not conflict with the higher laws and regulations. One of the problems is Disharmony legislation resulting in differences in interpretation in its implementation; the emergence of legal uncertainty; Legislation is not carried out effectively and efficiently, and legal dysfunction, in a disharmonic manner, the rules and regulations - Invitation under the above laws and regulations is an evaluation material. But de facto, there are a number of draft regulations based on rules outside the order of the laws.Whereas in Article 7 paragraph 2 of Act Number 12 of 2011 confirms the strength of the laws of the legislation in accordance with the hierarchy in paragraph 1. Continued related to Article 140 paragraph (3) of Law Number 23 of 2014 concerning the Establishment of Legislation as has undergone the second amendment to the Law of the Republic of Indonesia Number 9 of 2015 concerning Regional Government, states that the procedure for preparing a draft Regional Regulation from the Governor or Regent / Mayor is regulated by a Presidential Regulation. Then Article 141 paragraph (2) of the Law on Regional Government states that further Provisions concerning the procedure for preparing the Regional Regulation are regulated in the DPRD Rules of Procedure.Based on the principle of the formation of laws and regulations, the Minister of Home Affairs's regulation violates the principle of conformity between types and materials of content, because the substance should be the material of the contents of the Presidential Regulation as part of the hierarchy of the Order of Regulations - Invitation and the contents of the DPRD Rules of Procedure.  

scholarly journals MEMANTAPKAN LANDASAN HUKUM FORMIL SEBAGAI ALAT SINGKRONISASI DAN HARMONISASI PERATURAN PERUNDANG - UNDANGAN

2020 ◽  
Vol 10 (2) ◽  
pp. 158
Author(s):  
Insan Tajali Nur
Keyword(s):  
Regional Government ◽  
Second Amendment ◽  
Rules Of Procedure ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

The regulation in the Regional Regulation is faced with the problem of how the Regional Regulation can regulate the affairs of authority in accordance with the characteristics of the region. But it does not conflict with the higher laws and regulations. One of the problems is Disharmony legislation resulting in differences in interpretation in its implementation; the emergence of legal uncertainty; Legislation is not carried out effectively and efficiently, and legal dysfunction, in a disharmonic manner, the rules and regulations - Invitation under the above laws and regulations is an evaluation material. But de facto, there are a number of draft regulations based on rules outside the order of the laws.Whereas in Article 7 paragraph 2 of Act Number 12 of 2011 confirms the strength of the laws of the legislation in accordance with the hierarchy in paragraph 1. Continued related to Article 140 paragraph (3) of Law Number 23 of 2014 concerning the Establishment of Legislation as has undergone the second amendment to the Law of the Republic of Indonesia Number 9 of 2015 concerning Regional Government, states that the procedure for preparing a draft Regional Regulation from the Governor or Regent / Mayor is regulated by a Presidential Regulation. Then Article 141 paragraph (2) of the Law on Regional Government states that further Provisions concerning the procedure for preparing the Regional Regulation are regulated in the DPRD Rules of Procedure.Based on the principle of the formation of laws and regulations, the Minister of Home Affairs's regulation violates the principle of conformity between types and materials of content, because the substance should be the material of the contents of the Presidential Regulation as part of the hierarchy of the Order of Regulations - Invitation and the contents of the DPRD Rules of Procedure.

MEMANTAPKAN LANDASAN HUKUM FORMIL SEBAGAI ALAT SINGKRONISASI DAN HARMONISASI PERATURAN PERUNDANG - UNDANGAN

2018 ◽  
Vol 10 (2) ◽  
pp. 175
Author(s):  
Insan Tajali Nur
Keyword(s):  
Regional Government ◽  
Second Amendment ◽  
Rules Of Procedure ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

The regulation in the Regional Regulation is faced with the problem of how the Regional Regulation can regulate the affairs of authority in accordance with the characteristics of the region. But it does not conflict with the higher laws and regulations. One of the problems is Disharmony legislation resulting in differences in interpretation in its implementation; the emergence of legal uncertainty; Legislation is not carried out effectively and efficiently, and legal dysfunction, in a disharmonic manner, the rules and regulations - Invitation under the above laws and regulations is an evaluation material. But de facto, there are a number of draft regulations based on rules outside the order of the laws.Whereas in Article 7 paragraph 2 of Act Number 12 of 2011 confirms the strength of the laws of the legislation in accordance with the hierarchy in paragraph 1. Continued related to Article 140 paragraph (3) of Law Number 23 of 2014 concerning the Establishment of Legislation as has undergone the second amendment to the Law of the Republic of Indonesia Number 9 of 2015 concerning Regional Government, states that the procedure for preparing a draft Regional Regulation from the Governor or Regent / Mayor is regulated by a Presidential Regulation. Then Article 141 paragraph (2) of the Law on Regional Government states that further Provisions concerning the procedure for preparing the Regional Regulation are regulated in the DPRD Rules of Procedure.Based on the principle of the formation of laws and regulations, the Minister of Home Affairs's regulation violates the principle of conformity between types and materials of content, because the substance should be the material of the contents of the Presidential Regulation as part of the hierarchy of the Order of Regulations - Invitation and the contents of the DPRD Rules of Procedure.  

scholarly journals IMPROVING THE AUTHORITY OF THE REGIONAL REPRESENTATIVE COUNCILS IN THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

2020 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Dadang Gandhi
Keyword(s):  
Natural Resources ◽  
Central Government ◽  
State Institution ◽  
Economic Resources ◽  
Regional Government ◽  
High State ◽  
Regional Autonomy ◽  
Second Amendment ◽  
State Administration ◽  
The Republic

The existence of the Regional Representative Council (DPD) which is regulated in Article 22D of the 1945 Constitution of the Republic of Indonesia (UUDNRI of 1945) with the authority of the DPD as regulated in Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014 Regarding the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3), in particular Article 249 Paragraph (1) letter e. Article 22D of the 1945 Constitution places the position of the DPD as an institution that has the authority to submit a Bill relating to regional autonomy, central and regional relations, the formation and expansion of regions and the merger of regions, management of natural resources and other economic resources as well as related also by placing the DPD position to monitor and evaluate the Draft District / City Regional Regulations and Regency / City Regional Regulations according to Law Number 2 of 2018 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council (DPR) ( MD3). This authority will cause problems especially those regulated in Law Number 2 of 2018 concerning MD3, because the Regency / City Regional People's Representative Council and the Governor as representatives of the central government do the same thing as is done by the DPD as regulated in Law Number 23 2014 concerning Regional Government, particularly in the provisions of Article 149 Paragraph (1) and Article 153 Paragraph (1). While the form of coordination that will be carried out by the DPD and the Regional Government has yet to exist, in addition to the DPD's position as a high state institution will cause problems when coordinating with the Regency / City DPRD as an element of the regional government.Keywords: The telescope, Position, DPD, State Administration, Republic of Indonesia

scholarly journals The Characters of Special Region According to The 1945 Constitution of Republic of Indonesia

2019 ◽  
Vol 06 (02) ◽  
pp. 320-339
Author(s):  
Asep Hermanto ◽  
Anggara Suwahju
Keyword(s):  
United States ◽  
The United States ◽  
Regional Government ◽  
Regional Administration ◽  
Provincial Level ◽  
Second Amendment ◽  
The Status ◽  
The Republic ◽  
Current Arrangement ◽  
Special Region

The Republic of Indonesia, based on the 1945 Constitution, the second Amendment, recognizes the existence of a Special Region and its distinctive governance. Article 18B, Paragraph (1), of the 1945 Constitution reads, “The State shall recognize and respect entities of regional administration that possess a specificity or a distinctiveness that are to be regulated by law”. Previously, the governance of special region was also regulated in the first version of the 1945 Constitution that was stipulated on August 18, 1945. In addition, it is contained in other constitutions that were formerly effective in Indonesia: the 1949 Constitution of the Republic of the United States of Indonesia, and the 1950 UUDS. The clearest arrangements regarding the status of special region were covered by the 1950 UUDS, whereas the 1945 and the 1949 Constitutions do not provide detailed description of special regional government units. This triggers some fundamental questions related to the substance of special region. This study reveals several facts related to the existence and administration of government in special regions. Among other things, the current arrangement does not open up the possibility of forming new special regions and the administration of special region only exists at the provincial level.

scholarly journals PEMBAGIAN KEWENANGAN KEPALA DAERAH DAN WAKIL KEPALA DAERAH DALAM PENYELENGGARAAN PEMERINTAHAN

2021 ◽  
Vol 5 (2) ◽  
pp. 71
Author(s):  
Risal Risal ◽  
La Ode Munawir
Keyword(s):  
Regional Government ◽  
Second Amendment ◽  
The People ◽  
State Administration ◽  
The Republic ◽  
Decentralized Government

In the development of state administration after the second amendment to the 1945 Constitution of the Republic of Indonesia, it gave birth to Regional Heads who were elected democratically. In a democratic manner based on Law no. 23/2014, the regional head is elected directly by the people along with the deputy regional head. Regional Heads and Deputy Regional Heads carry out decentralized government affairs based on the powers they have as regulated in Article 65 and Article 66 of Law no. 23 of 2014 concerning Regional Government. This division of attribution authority is seen as one of the causes of conflict between the regional head and the deputy regional head in carrying out government affairs. Therefore, the division of authority for regional heads and deputy regional heads must be reviewed. In addition, the division of authority can also be done by way of delegation or mandate. The division of authority through delegation is stipulated by Regional Regulation (Article 13 Paragraph (2) letter b of Law No. 30 of 2014), while the distribution of authority through the mandate is stipulated by a Regional Head Decree (Article 66 Paragraph (2) of Law No. 23 of 2014).

scholarly journals POLICY EVALUATION OF REGIONAL EXPANSION AND DETERMINATION REGIONAL BOUNDARIES IN BANTEN AND WEST JAVA PROVINCE

2021 ◽  
Vol 23 (3) ◽  
pp. 400
Author(s):  
Romi Saputra
Keyword(s):  
Local Governments ◽  
Regional Government ◽  
West Java ◽  
Regional Autonomy ◽  
Second Amendment ◽  
Accelerate Development ◽  
Administrative Area ◽  
The Law ◽  
The Republic

The regional expansion is a way to accelerate development acceleration. In addition, regional expansion is the process of dividing an existing administrative area into two or more new autonomous regions. Regional expansion in Indonesia is carried out based on the Law of the Republic of Indonesia number 9 of 2015 concerning Regional Autonomy and Regional Government as a result of the second amendment to the Law of the Republic of Indonesia Number 23 of 2014. However, in the process of regional expansion in Indonesia, there are still some problems. Therefore, this study aims to evaluate government policies in regional expansion and determine regional boundaries in the provinces of Banten and West Java based on the laws in force in Indonesia. The method used in this research is the mix method, namely quantitative and qualitative. The data used are obtained from references and interviews related to regional autonomy policies, regional governments, and the determination of regional boundaries. The results of the evaluation, there are several factors that cause regional expansion, namely religious differences, ethnic and cultural differences, inequality in economic development in an area, and the size of the area. The formation of regional boundaries is carried out through 4 stages, namely Allocation, Delimitation, Demarcation, and Administration. One very important aspect of the implementation of regional autonomy is to merge regions with the hope of strengthening the relationship between local governments and local communities. In addition, it is hoped that there will be more intensive interaction between the community and the new local government, civil society will get better rights and obligations as citizens.

The SORS Decision-Making Support System: A statistical tool for better policy making in the Republic of Serbia

2021 ◽  
pp. 1-11
Author(s):  
Miladin Kovačević ◽  
Katarina Stančić
Keyword(s):  
Policy Making ◽  
Modern Society ◽  
Monitoring And Evaluation ◽  
Public Debate ◽  
Statistical Tool ◽  
The Public ◽  
System A ◽  
The Republic ◽  
Trusted Data

Modern society is witnessing a data revolution which necessarily entails changes to the overall behavior of citizens, governments and companies. This is a big challenge and an opportunity for National Statistics Offices (NSOs). Especially after the outbreak of COVID-19, when the public debate about the number of mortalities and tested and infected persons escalated, trusted data is required more than ever. Which data can modern society trust? Are modern societies being subjected to opinion rather than fact? This paper introduces a new statistical tool to facilitate policy-making based on trusted statistics. Using economic indicators to illustrate implementation, the new statistical tool is shown to be a flexible instrument for analysis, monitoring and evaluation of the economic situation in the Republic of Serbia. By taking a role in public policy management, the tool can be used to transform the NSO’s role in the statistical system into an active participant in public debate in contrast to the previous traditional, usually passive role of collecting, processing and publishing data. The tool supports the integration of statistics into public policies and connects the knowledge and expertise of official statisticians on one side with political decision makers on the other.

scholarly journals The Concept of Indonesia Raya Incorporated Conforms the Constitution of Economics: Studies of Grounded Theory on State Asset Ownership Management

2018 ◽  
Vol 8 (1) ◽  
pp. 136
Author(s):  
R. Agus Trihatmoko ◽  
Y. Sri Susilo
Keyword(s):  
Economic Policy ◽  
Grounded Theory ◽  
Private Sector ◽  
Group Discussion ◽  
Regional Government ◽  
Theory Approach ◽  
Economic Policies ◽  
Asset Ownership ◽  
New Economic Policy ◽  
The Republic

The phenomenon regarding the emersion of the idea of Indonesia Raya Incorporated (IRI) is interesting to be thereferences in economic policy studies.This study aim to reveal and interpret the management of state asset ownership as a proposal on the IRI approach. This research used qualitative method, designed with grounded theory approach and constructivism philosophy. Data collection was obtained from the results of Focus Group Discussion (FGD) of economists from various universities. The results reveal that: (1) The gap on state asset ownership by state-owned enterprises(BUMN), regional government-owned enterprises(BUMD) and private sectoras a result of economic liberalization is the antecedent of the emergence of the idea about IRI; (2) IRI encourages changes in the legislation for new economic policies; (3) The new economic policy,in form of IRI eliminates the gap in state asset ownership by BUMN, BUMD and private sector; (4) The gap on state asset ownership by BUMN, BUMD, and private sector will determine the prospects of society welfare level and economic sovereignty, and finally lead to the integrity of the Unitary State of the Republic of Indonesia. It is generally concluded that IRI whichis proposed in the management of state asset ownership has fulfilled the economic constitution.

PEMBINAAN DAN PENGAWASAN PENYELENGGARAAN PEMERINTAHAN DAERAH DALAM PENGELOLAAN KEUANGAN PEMERINTAH DESA (Studi Kasus pada Desa Mojorejo Kecamatan Modo Kabupaten Lamongan)

Publika ◽  
2021 ◽  
pp. 285-294
Author(s):  
Alicya Cindy Pradana ◽  
Muhammad Farid Ma'ruf
Keyword(s):  
Financial Management ◽  
Research Result ◽  
Road Construction ◽  
Monitoring And Evaluation ◽  
Research Approach ◽  
Regional Government ◽  
Descriptive Research ◽  
Local Government Finance ◽  
Income Sources ◽  
Result Show

Sumber pendapatan Desa Mojorejo pada tahun 2020 yang berjumlah Rp. 1. 880.871.300 dengan adanya rencana pembangunan pada berbagai sektor terutama pada pembangunan jalan di beberapa  dusun dengan total jumlah anggaran mencapai ±Rp. 900.000.000 kemudian pembangunan gedung BUMDES (Badan Usaha Milik Desa) sebesar Rp. 100.000.000 dan pemberdayaan masyarakat Desa Mojorejo dengan sebagian besar anggaran berasal dari DD (Dana Desa) mampu memberikan peluang berupa tindakan penimpangan dalam pengelolaan keuangan desa. Penelitian ini dilakukan untuk mengetahui bagaimana bentuk pembinaan dan pengawasan keuangan Desa oleh Pemerintah Derah Kabupaten Lamongan di Desa Mojorejo Kecamatan Modo khususnya dalam pengelolaan keuangan desa yang mana peneliti menggunakan pendekatan penelitian kualitatif dan jenis penelitian deskriptif. Hasil penelitian menunjukkan upaya pembinaan dan pengawasan oleh Pemerintah Daerah yang dilaksanakan Inspektorat Kabupaten Lamongan dan Dinas PMD (Pemberdayaan Masyarakat dan Desa) Kabupaten Lamongan memberikan dampak yang jelas terkait pengelolaan keuangan Desa Mojorejo dimana pengelolaan keuangan desa menjadi terkontrol dan disiplin melalui upaya monitoring dan evaluasi seacara langsung maupun tidak langsung. Kata Kunci: Pembinaan dan Pengawasan, Pemerintah Daerah, Keuangan, Desa, Inspektorat, Dinas PMD, BPD.     Mojorejo village’s income sources in 2020 amounting to 1.880.871.300 Rupiahs with development plansin various sectors, especially in road construction in several hamlets with a total ±Rp. 900.000.000 Rupiahs and then the construction of BUMDES (Village Owned Enterprise) building of 100.000.000 Rupiahs and public empowerment with a large portion of the budget coming from Village Fund (Dana Desa) could provide opportunities in the form of irregularities in village financial management. This research was conducted to determine how the form of guidance and supervision of Village finances by the Regional Government of Lamongan Regency in Mojorejo Village, Modo District, especially in village financial management where the researcher uses a qualitative research approach and this type of descriptive research. The research result show the role of guidance and supervision by the Regional Government carried out by the Inspectorate of  Lamongan Regency, the Dinas PMD Kabupaten Lamongan, and financial supervisory agencies (Inspectorate) have had a clear impact on the financial management of Mojorejo Village where the financial management becomes controlled and disciplined through direct and indirect monitoring and evaluation efforts. Keywords: Guidance and Supervision, Local Government, Finance, Village, Inspectorate, Dinas PMD, BPD.

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