scholarly journals KEWENANGAN PEMERINTAH DAERAH BIDANG PERTANAHAN DI ERA OTONOMI DAERAH

2011 ◽  
Vol 3 (1) ◽  
Author(s):  
Musleh Herry

Since the reformation era, the government made the revolution in government administration to develop Indonesia. One of the revolutions is the issuance of Law no. 32 of 2004 on Regional Government; the authority of land is one of the law components. Previously, the authority of land is centered in the central government. Conversely, through the Article 10 paragraph (3) of Law No. 32 of 2004 on regional autonomy, the authority of the land sector should be submitted to the local government for its more understanding about the land nowadays. The transfer of authority is one of development step in Law aspect in Indonesia. Sejak era reformasi bergulir, pemerintah melakukan revolusi dibidang administrasi pemerintahan guna memajukan Negara Indonesia. Salah satu revolusi yang terjadi adalah dengan dikeluarkannya Undang-undang No. 32 Tahun 2004 tentang Pemerintahan Daerah, antara lain dibidang pertanahan. Semula kewenangan bidang pertanahan ini urusannya berada di pemerintah pusat. Namun  di era reformasi ini melalui Pasal 10 ayat (3) UU No. 32 tahun 2004 tentang otonomi daerah, kewenangan bidang pertanahan sudah seharusnya  diserahkan  kepada pemerintah daerah yang lebih mengetahui kondisi pertanahan tersebut. Pengalihan kewenangan tersebut merupakan salah satu bentuk dari langkah pembangunan di bidang hukum di Indonesia.

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


Rechtsidee ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Nadir Nadir ◽  
Win Yuli Wardani

New corruption of the autonomous regions take a place, so that the government is unable to control the regional government. This is because the lack of supervision in the area during this is becoming the main factors a trigger regional heads to conduct corruption, and abuse of authority behind legitimacy leadership kiai. In addition, people in the they felt unable to be afraid to monitor and regional leaders, because it is still of cling values trach kiai. Hence, regional head lost his control. Local government administration as the base behavior corruption behind legitimacy leadership kiai because some respects, namely: (1) of the lack of supervision of the central government towards the regional government. (2) the the breadth of affairs which is the authority of the regional government. (3) of religiousness loss of values in self leader. (4) the weak regulation criminal sanctions for investors. (5) the lack of supervision of the society to the regional government. (6) values still a cling obedience the community against the figure of kiai. While the supporters become factors behavior corruption increasingly exist in perspective regional government reversed legitimacy leadership kiai, namely: (1) an opportunity patient office / erceived opportunity. (2) desire or the will to do corruption. (3) living expenses as pressure (lavish lifestyle as a necessity / living beyond one' s means, polygamy as a cost not light, promising welfare, promising removal of civil servants for temporary, promising free health.


Yurispruden ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 175
Author(s):  
Afifuddin Afifuddin

 ABSTRACTThe implementation of public services is still going on with the old public administration practices. Therefore, it is time for the bureaucracy to change its mindset. The development of the paradigm of public administration can bring enlightenment to the bureaucracy. Public Service innovation and creativity is one of the right solutions in the era of regional autonomy in achieving the welfare of modern regional government. The Indonesian state in running the government, the relationship between the central government and local governments must be well and harmoniously established. The intertwined goal is for the prosperity of the people. Regional autonomy can provide flexibility for regions to innovate and create local community creativity as material for local government policies. Therefore, several important discourses in Public Administration Science can be a reference for modernizing the administration of local government in the era of regional autonomy. Keywords        : Innovation, Public Service Creativity, Regional Autonomy, Center,                          Region and Local Government ABSTRAKPenyelenggarakan pelayanan publik masih saja terjadi praktik-praktik old public administration. Oleh karena itu sudah saatnya birokrasi merubah mindsetnya. Perkembangan paradigma administrasi publik dapat membawa pencerahan bagi birokrasi. Inovasi dan kreativitas Public Service merupakan salah satu solusi yang tepat di era otonomi daerah dalam mencapai kesejahteraan pemerintahan daerah yang modern. Negara Indonesia dalam menjalankan pemerintahan, hubungan pemerintah pusat dan pemerintah daerah harus terjalin dengan baik dan harmonis. Tujuan yang terjalin tersebut untuk kemakmuran rakyat. Otonomi daerah dapat memberikan keleluasaan bagi daerah untuk melakukan innovasi dan kreativitas masyarakat setempat sebagai bahan kebijakan local government. Oleh karena itu beberapa wacana penting dalam Ilmu Administrasi Publik dapat menjadi rujukan untuk memodernisasi penyelenggaraan pemerintah daerah dalam era otonomi daerah. Kata Kunci    : Inovasi, kreativitas Public Service, Otonomi Daerah, Pusat, Daerah dan                          Local Government 


2020 ◽  
Vol 1 (5) ◽  
pp. 19-23
Author(s):  
Siske Anani ◽  
Imam Mashudi ◽  
Dini Ariyasanti

This study raised the title of the Analysis of Local Government Implementation Report (LPPD) in Bolaang Mongondow Utara Regency, North Sulawesi Province. The data collection technique was done by interviewing and literature study. The data analysis technique used is the Miles and Huberman model, namely data analysis which is carried out directly and continuously until it is complete, so that the data is saturated. Based on the results of the data research and analysis process carried out, it can be explained that in Article 16 of Government Regulation Number 6 of 2009 which is the implementation of Article 6 paragraph (3) of Law Number 32 of 2004 concerning Guidelines for the Evaluation of Regional Government Administration, it is stated that the source of information The main role in implementing the Implications of the Performance Evaluation of Regional Government Administration (EKPPD) is the Regional Government Implementation Report (LPPD). The LPPD itself, as stated in Law Number 32 Year 2005, states that regional heads are required to submit a Regional Government Administration Report (LPPD) to the central government. The scope of the LPPD is divided into matters of decentralization, general duties, and assistance tasks. This is stated in article 2 PP No. 3 of 2007 which contains the LPPD to the government, information on the LPPD to the public, reports on the accountability of the Regional Head to the Regional People's Representative Council (DPRD).


Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 251 ◽  
Author(s):  
Galih Arya Prathama

The increase of regional capacity in managing the needs of Regional Development accompanied by the Delegation of Authority from Central Government to Regional Government, has implications in increasing the need for Development Funds, while the Regions can’t continue to rely on the fulfillment of these needs to the Central Government. In response to this, in implementing Autonomy, the Regions are given additional Authority of Financial Management. Such authority, creates demands for the Regions to be creative and focused in achieving the Government Goals that have been established.,As an effort to execute duties and functions of Regional Government in the form of Regional Financial Management, then a region must be able to recognize the potential and explore all the resources it has. Local Government is expected to dig deeper related to the potential derived from its own financial resources, especially in order to meet the needs of government financing and development in the region, one of them through Local Own Revenue as one of the main sources of Regional Financial Reception. Independence of Local Own Revenue for a Regional Government, giving positive support to the ability of the region in meeting the needs to build the region. Thus, the greater source of income derived from the potential owned by a region, the more freely the area can accommodate the needs of community without the interest of Central Government which is not in accordance with the needs of people in the region.


2018 ◽  
Vol 13 (04) ◽  
Author(s):  
Umilhair Alting ◽  
Winston Pontoh ◽  
I Gede Suwetja

Fiscal decentralization is one the major component of the decentralization implementation of regional autonomy. As the new beginning in regional development and the people in managing the resources or all of the potential to the prosperity and the progress of region. Financial aspect is one of the basic criteria to find out the real capability regional government in managing their autonomy system (household system) the capability of regional government in managing their financial can be seen in APBD which describes the capability of local government in financing the activities of development task and equity in each region. The purpose of this research is to determine the financial capability of Tidore in regional autonomy especially in 2013-2017 judging by ratio of independency, decentralization fiscal degree, growth ratio. This research used observation, interview and documentation to collect the data. The data was analyzed using qualitative and quantitative data with described analysis. The result showed that the independence ratio of Tidore has been able to improve its financial capability. The degree of decentralization is still highly dependent on the central government, although it has been increasing year by year. Growth rate fluctuated this indicates the local government of Tidore is not too concerned with regional development and community welfare.Keywords: regional autonomy, ratio of independency, The degree of decentralization ratio, Growth ratio.


2020 ◽  
Vol 13 (1) ◽  
pp. 52-68
Author(s):  
Diyar Ginanjar Andiraharja

This study aimed to assess the strategies that have been implemented by the central and regional governments in handling COVID-19. There are ten regulations related to the research objectives that have been reviewed. The method applied is normative legal research. Second level data is used in this study. The literature reviewed is used to solve researchers' questions. From this study it was revealed that the local government was obliged to decide on the policies that had to be taken in handling COVID-19 with normal basic health service conditions. In the situation of the COVID-19 pandemic, the appropriate regulations were enacted not the Law on Regional Government, but the Law on Health Quarantine. The conclusion of this study, in the condition of public health emergencies there is uncertainty at the local government level, because with the decentralization in the field of health causes basic health service standards vary according to the commitment and fiscal capacity of local governments. Strengthening the role of local government is a major factor in overcoming COVID-19. Health services in the regions must be ensured by the central government to conform to the COVID-19 handling standard. With the current state of public health emergencies, it is hoped that the division of roles of the center and the regions will be expected to ensure the safety of citizens.


Author(s):  
Rahyunir Rauf

In the Indonesian national government system is recognized the existence of local government, the region consists of provincial, district and municipal areas. The Provincial Region is headed by a Governor, a Regency area headed by a Regent and a City area headed by a Mayor. Based on Law Number 23 Year 2014 on Regional Government placed the Governor in 2 (two) functions, namely; As Head of Region and As Deputy of Central Government in Region. The governor as the representative of the central government in the regions gained the delegation of authority from the government to carry out central government affairs in the regions. As a representative of the central government in the region the governor carries out the absolute affairs and implements the concurrent governmental affairs which are the authority of the central government and conducts the guidance and supervision of the districts / municipalities in carrying out the concurrent affairs which are the authority of the district / city government. In the implementation of central government affairs in the region it is necessary to have central government representatives in the regions and vertical institutions. Prior to the issuance of Law Number 23 Year 2014 in relation to the Governor as the representative of the central government in the regions is regulated in Law Number 32 Year 2004 regarding regional government and followed up by Government Regulation No. 7 of 2008 on Deconcentration and Co-Administration. In Act No. 23 of 2014 on Regional Government it is stated that the representative of central government in the regions is only given to the Governor, while the Regent / Mayor does not get the authority as a representative of the central government in the region. In carrying out the guidance and supervision on the implementation of government affairs which is the authority of the district / city and the task of assistance by the district / city, the President is assisted by the Governor as the representative of the central government.  


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). 


Author(s):  
Listyaningsih Dewi Pamungkas ◽  
Kismartini Kismartini ◽  
Retno Sunu Astuti

As the leader of the implementation of governmental affairs which become the authority of regional government, based on the mandate of Law Number 23 Year 2014 on Regional Government, the Head of regional government is obliged to prepare Regional Government Administration Report (RGAR) which by the central government will be used as material for evaluation and guidance to implement the administration of regional government. Batang Regency is the only Regency which for the last respective three years (2016, 2017 and 2018) has been in the 5th rank (the lowest five) in Central Java. The results of this evaluation are used as material for the Ministry of Finance in determining the Regional Incentive Fund and for the Ministry of Home Affairs in approving additional income for state civil apparatus. However, Batang Regency has not yet optimized its reporting system and Evaluation of Regional Government Administration Performance. Due to this unoptimal evaluation results on the implementation of regional Government, organizational capacity and the evaluation of the Governmental Division at Batang Regency regional Secretariat as the division who conducted the report preparation activities became the focus of this research. Qualitative descriptive method was used to describe all the symptoms / conditions which exist during the research. Moreover, the analysis was carried out through data reduction, display data and conclusion drawing / verification. Based on the results of this research, it can be concluded that the Organizational Capacity of the Government division of the Regional Secretariat of Batang Regency which involves some resources (human resources, infrastructure, technology and financial resources) and management (leadership, program and process management as well as cooperation and relationships among organizations) needs to be improved, such as conducting job analysis, increasing the quantity and quality of human resources, making more detail activities planning and budgeting as well as defending them during budget discussions, making Terms of Reference and improving effective communication skills.  


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