scholarly journals PENGAWASAN TERHADAP PERATURAN KEPALA DAERAH

Yuridika ◽  
2012 ◽  
Vol 27 (1) ◽  
Author(s):  
E. Prajwalita Widiati ◽  
Haidar Adam

Decentralisation puts weigh in the dynamic of local government. As consequences of decentralization, local governments are entitled to enact local regulation in order to serve public services in the daily basis. Local regulation as the product of the Mayor of course does not stand alone. It is part of national legislative system which lay at the low tier of the hierarchy of laws. It should be work effectively and harmoniously with the system. By analyzing the nature of decentralization and the function of local legislation, it is essential to establish a good review mechanism for this legislative product. Different mechanism results in different consequences to the regulation. This article has analysed three mechanisms both preventive and represive; executive review which is done by the Governor and National Government; judicial review which is done by the Court and even political review which is exercised by the local representatives who act as balancing power to the local executive.Keywords: Peraturan Kepala Daerah, Executive Review, Judicial Review, Political Review

2006 ◽  
Vol 45 (1) ◽  
pp. 157-161
Author(s):  
Durre-e- Nayab

The Local Government Ordinance (LGO), formulated by the National Reconstruction Bureau (NRB) in 2000 and promulgated by provincial governments in August 2001, assigns powers, responsibilities, and service delivery functions to three levels of local governments: district, tehsil, and union. Responsibilities for the delivery of social and human development services, such as primary and basic health, education and social welfare, are delegated to the district level, whereas municipal services, such as water, sanitation and urban services are assigned to the tehsil level. The LGO does not only deal with the delivery of public services in its plan but also stresses the need for fiscal decentralisation, claiming that “Fiscal decentralisation is the heart of any devolution exercise. Without fiscal decentralisation no authority is devolved.”


2012 ◽  
Vol 8 (1) ◽  
pp. 77
Author(s):  
Widjonarko - ◽  
Brotosunaryo

The Sustainable Capacity Building for Decentralization (SCBD) project funded by the AsianDevelopment Bank (ADB) aimed to strengthen the capacity of local governments in Indonesia.Banjarnegara Regency was selected by the ministry of internal affairs for the implementation ofthe project. The SCBD Project in Banjarnegara consists of five components including frameworkof capacity building, institutional capacity building, human resources management, humanresources development and sustainable financial and budgeting. This project will is held in fiveyears using two funding schemes phases, donor funded the first 3 years (2009‐2011), thencontinued by the local government of Banjarnegara. During the 2009‐2011period, the projecthas finished all five components, PMU then conducted evaluation to ensure achievement of theSCBD’s main goal: strengthening local governance for delivering good public services. The expostevaluation method used to evaluate the SCBD Project for short term outcomes found thatthe project hasn’t directly improved the public services performance even having completed allfive components of the project. Most people in Banjarnegara Regency felt no significantimprovement of public services provided by the government. The ineffectiveness of publicservices can be understood, because not all of the components of the SCBD project had beenthoroughly implemented at local government level. Moreover, many activities of the projecttend to overlap implying lack of coordination among the project implementation units.Key words: evaluation, SCBD


2015 ◽  
Vol 13 (3) ◽  
pp. 521-535 ◽  
Author(s):  
Beata Mikusova Merickova ◽  
Juraj Nemec ◽  
Mária Svidroňová

The new approaches to the delivery of local public services include co-creation. In this paper, we focus on two local public service delivery actors: local governments and civil society. Our objective is to identify different types of co-creation in social innovations and the relevant drivers and barriers that account for the success or failure of co-creation processes at the local government level in Slovakia, focusing on the fields of welfare and the environment. The main findings of our analysis are that co-created innovations are mostly initiated by non-governmental actors, and that most local governments have neutral or even negative attitudes to co-created innovations. We provide a positive case study, in which the local government was open to co-creation, and public services were provided in an alternative way. Our study uses a qualitative approach and is based on original survey data from our own research, conducted mainly within the ‘Learning from Innovation in Public Sector Environments’ (LIPSE) research project.


2021 ◽  
Vol 11 (3) ◽  
pp. 223-234
Author(s):  
Evi Maria ◽  
Abdul Halim

This article explores public governance impact on the corruption’s probability in Indonesian local government practices. The research employs data of Indonesian local governments in 2012. Data were analyzed using logistic regression. The study results found that good public governance has a negative effect on corruptio’s probability. The results of this research conclude that the greater public governance index, the less the local government’s engagement in corruption. The results are rugged when area type is added as control variable. Area type do not affect the corruption’s probability in Indonesian local governments. This study found good public governance decreases the asymmetry of information between agents and principals, so that the opportunity to commit corruption are reduced. Improvement of public governance can be done by implementing e-Government to supervise the implementation of government activities and public services in local government, Indonesia.


2022 ◽  
pp. 91-114
Author(s):  
Lilita Seimuskane ◽  
Maris Pukis

The chapter provides analysis of obstacles for the introduction of direct citizen participation in the decision-making process at the local self-governments in Latvia, as well as intents of national government to widen participative democracy by formalization of consultation mechanisms. Within the scope of this study, participation is seen as an interaction form of relationship between citizens and a local government. The highest form, according to Arnstein's gradation theory of a ladder of citizen participation, refers to the participation degree called partnership, delegated power, and is described by Teorell as a citizen voice in the government. Situation and perspective of local government referendums are analysed. Consultation is implemented at the level by involving the residents in the work of local government commissions and implementing public deliberations. Administrative territorial reform, performed by 2021 elections, will decrease the number of local governments to a third of their current level.


2019 ◽  
Vol 17 (1) ◽  
pp. 23-33
Author(s):  
Anni Jäntti ◽  
Hanna Maria Vakkala ◽  
Lotta-Maria Sinervo

In this article, we focus on the challenges for local self-government in Finland. Finnish legislation follows the Articles of the European Charter of Local self-government rather closely. We illustrate how the role of local government as service provider has led to a situation where municipalities are strictly steered by and financially dependent on the national government. Besides this, the burden of public services exposes local government to reforms. Current local government reform by national government challenges local self-government by establishing a regional level of governance. However, it can also bring opportunities for municipalities to focus more on local tasks and decrease the need for strict steering by the state.


2018 ◽  
Vol 16 (2) ◽  
pp. 271-292
Author(s):  
Bernardino Benito ◽  
María-Dolores Guillamón ◽  
Ana-María Ríos

Advocates of the privatisation/outsourcing of public sector services defend the cost savings and greater efficiency derived from this type of management. In this sense, many local governments have opted to outsource the provision of some public services. However, empirical evidence for cost savings in the provision of public services is mixed. Accordingly, we analyze if the effective cost of drinking water provision depends on the type of management carried out by the local government for a sample of more than 3,500 Spanish municipalities. We find that provision of drinking water is cheaper if it is managed directly by the local government. Therefore, our results suggest that the provision of services privately does not always guarantee cost savings.


2016 ◽  
Vol 14 (3) ◽  
pp. 379-397 ◽  
Author(s):  
Martina Halásková ◽  
Renata Halásková

Local financing in advanced countries enables local governments to assess real local priorities as well as limitations. The present paper deals with financial capabilities of local governments for the development of public services, local government expenditure and fiscal expenditure decentralization in the EU28. By use of cluster analysis, local public expenditures are assessed by selected COFOG functions, as % of total local government expenditures in years 2010-2013. The results proved the largest differences in the set of countries in local government expenditures on social protection and the smallest differences in local expenditures on recreation and cultures, housing and community amenities.


2017 ◽  
Vol 61 (1) ◽  
pp. 41-56
Author(s):  
Tinashe Carlton Chigwata ◽  
Varaidzo Violet Muchapondwa ◽  
Jaap de Visser

AbstractUrban and rural local authorities constitute the lowest tier of Zimbabwe's multilevel system of government. These local governments have a constitutional “right to govern” that must be exercised within the constitutional, legislative and policy framework. Under the old constitutional order, the national government could supervise urban local authorities, for example by issuing policy directives to ensure that these authorities governed in a manner that enabled them to deliver on national and local goals. This article examines this supervisory instrument, the powers it gives the national government, its use in practice and its relevance under the new constitutional order. The main argument is that supervisory instruments, such as the power to issue policy directives to local governments, are necessary in any multilevel system of government. However, such supervisory powers must be balanced with the need for local autonomy, to allow local governments to deliver on their service delivery obligations and development mandate.


2012 ◽  
Vol 1 (2) ◽  
pp. 51
Author(s):  
M. Basdeo

Local government has emerged from a prolonged transition to face a second generation of challenges, namely unfunded mandates. Compliance with the current financial management system is a constant challenge for local government. To complicate matters local government is challenged by the dilemma of unfunded mandates which are an extreme manifestation of the phenomenon of governing from the centre. National government through various strategies imposes national mandates on provincial and local government at the expense of the latter. The incidence of unfunded mandate reflects a power hierarchy. Unfunded mandates are generally a significant indicator of the relative weakness of national government because it is often local government occupying constitutionally and politically the weakest position in the hierarchy that is burdened with new responsibilities. In decentralised and federal government systems, provincial/state and local governments object to unfunded mandates because they shrink their policy space, limit their expenditure choices and ultimately local government’s accountability to their electorates. Further, these systems of governance establish a hierarchy of authority that creates  notions of self-rule by national government. Unfunded mandates reflect systemic weaknesses of decentralised or federal allocation of powers and functions. Although there are principled objections, unfunded mandates remain constitutional. Given the wide incidence of unfunded mandates the critical question arises as to how in a decentralised system, one level of government can impose mandates with cost implications on another. How is it constitutionally justifiable?


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