scholarly journals THE IDEA OF REGULATING OF GOVERNOR’S AUTHORITY AS GOVERNMENT’S REPRESENTATIVE POST THE AMENDMENT OF 1945 CONSTITUTION (GAGASAN PENGATURAN KEWENANGAN GUBERNUR SEBAGAI WAKIL PEMERINTAH SETELAH PERUBAHAN UNDANG UNDANG DASAR 1945)

2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Yuslim,
Keyword(s):  
Government Regulation ◽  
Central Government ◽  
Point Of View ◽  
Conceptual Approach ◽  
Delegation Of Authority ◽  
Legal Problems ◽  
Unitary State ◽  
Town Government ◽  
General Government ◽  
Key Word

<div class="WordSection1"><p align="center"><strong>Abstract</strong></p><p><em>Th</em><em>e idea of regulating of governor’s authority as representative of central government to the regency/ town government after the amendment of 1945 constitution is aimed at answering two legal problems. They are: (1) How is the regulation of the authority of governor as representative of central government after the amendment of 1945 constitution, (2) How is the idea governor as the representative of government. In order to answer such a questions the research   conducted by using legal/normative research. The approach that used is statue approach and conceptual approach. The regulating of governor’s authority as representative of central government as stipulated in Art. 32 of Act No.32 year of 2004 do not have firm validity in 1945 Constitution. Such the authority of governor is conducted as the implementation of principle of de-concentration, while such a principle does not clearly formulated in 1945 constitution. Besides it does not have constitution’s validity, the regulating of governor’s authority in Act No.32, 2004 does not have clear concept since on one hand such authority is attribution, an on one hand that authority is a delegation and even in practice it is a mandate. According of Unitary state’s point of view the authority of governor as direct representative of central government  after the amendment of 1945 constitution should be in delegation form. Therefore it is not directly enumerated in Act regarding the Local government (attribution).The president that would transfer that authority in government regulation (pp). The delegation of authority to the governor should cover the affair of general government in province, so it is not just limited to a certain affair.Besides in conducting the authority, the governor as representative of central government needs certain organ that assist the governor in performing his authority and as the organ of central government.</em></p><p><strong><em>Key word: </em></strong><em>The idea, governor’s authority, government’s representat, unitary state.</em></p><p align="center"><strong>Abstrak</strong></p><p>Gagasan penaturan kewenangan gubernur sebagai wakil pemerintah terhadap kabupaten/ kota setelah perubahan Undang-Undang Dasar 1945 bertujuan menjawab 2(dua) problem hukum, yakni :   (1) Bagaimana pengaturan kewenangan gubernur sebagai wakil pemerintah setelah perubahan UUD 1945, dan (2) Bagaimana gagasan kewenangan gubernur sebagai wakil pemerintah. Untuk menemukan jawaban pertanyaan yang muncul dilakukan penelitian hukum normatif dengan pendekatan perundang-undangan (<em>statute approach</em>) dan pendekatan konseptual (<em>conceptual approach</em>). Pengaturan kewenangan gubernur sebagai wakil pemerintah dalam Pasal 38 UU No. 32/2004 tidak memiliki validasi yang tegas dalam UUD 1945.Kewenangan gubernur tersebut dilakukan dalam rangka pelaksanaan asas dekonsentrasi, sementara asas dekonsentrasi tidak dirumuskan secara tegas dalam UUD 1945.Selain tidak memiliki validasi konsitusi, pengaturan kewenangan gubernur dalam UU No. 32/2004 tidak jelas konsepnya karena satu sisi kewenangan tersebut berupa atribusi, pada bagian lain berupa delegasi dan bahkan dalam praktek berupa mandat. Menurut sudut pandang sistem negara kesatuan (<em>unitary state</em>) kewenangan gubernur sebagai wakil pemerintah langsung setelah perubahan UUD 1945 haruslah berupa delegasi kewenangan.Jadi tidak ditegaskan (dirinci) langsung dalam UU mengenai pemerintahan daerah (atribusi). Presiden yang akan melimpahkan kewenangan tersebut nantinya dalam Peraturan Pemerintah. Pelimpahan kewenangan kepada gubernur tersebut ruanglingkupnya haruslah mencakup urusan pemerintahan umum di provinsi jadi tidak dibatasi pada urusan tertentu saja.Selain itu dalam menjalankan kewenangan gubernur sebagai wakil pemerintah perlu organ tertentu yang membatu gubernur dalam menjalankan kewenangannya dan merupakan organ pemerintah.</p><p><strong>Key word: </strong>Gagasan<strong>, </strong>Kewenangan Gubernur, Wakil Pemerintah, Negara Kesatuan.</p></div>

scholarly journals EKSISTENSI GUBERNUR SEBAGAI WAKIL PEMERINTAH PUSAT DI DAERAH

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Rahyunir Rauf
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Central Government ◽  
National Government ◽  
City Government ◽  
Regional Government ◽  
City Area ◽  
Delegation Of Authority ◽  
The Absolute ◽  
The Government

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.  

scholarly journals Dampak Keberadaan Pasar Modern Terhadap Pedagang Pasar Tradisional

2009 ◽  
Vol 5 (4) ◽  
Author(s):  
Sukesi Sugiyanto
Keyword(s):  
Central Government ◽  
Point Of View ◽  
Market Work ◽  
Key Word ◽  
Traditional Market ◽  
Institutional Aspect ◽  
The Government ◽  
Market Needs ◽  
Relationship Of ◽  
National Issue

The existence of modern market toward traditional market is not only becomes the attention for the government of Balikpapan city but it has been becoming national issue that also get serious notice from the central government, so that central government publishes President Role No. 112 Tahun 2007 about structuring and developing relationship of central shopping traditional market and modern shop. So that’s why the existence of modern market needs a considerable study in order to be known how about the influence of its existence toward traditional market’s seller. This study is done to identify the position of traditional market and modern market from the institutional aspect and valid legislation point of view, knowing the effect of modern market’s presence toward traditional market work, and to arrange a concept of work ensnaring of ritel trading that can be applied to traditional market.            This is study is done in theterritoryofBalikpapancity. To support the growth and the development of both trading device that is traditional market and modern market, in order to both of them don’t turn out each other so the things that need to be done by The Government of Balikpapan city, controlling the location of modern market, controlling the modern market’s management, ensnaring traditional trader, and increasing the institutional of market. Key word: traditional market, modern market, and ensnaring traditional trader.

scholarly journals Judicial Review of Government Regulation Number 24 of 2016 Concerning Amendment to Government Regulation Number 37 1998 Concerning Land Deed Official Position Regulations

2020 ◽  
Vol 8 (06) ◽  
pp. 208-219
Author(s):  
Supardin ◽  
Zelis Febriani ◽  
M. Ilwan ◽  
Kaharudin
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Legal Research ◽  
Conceptual Approach ◽  
Government Regulations ◽  
Delegation Of Authority ◽  
Official Position ◽  
Deductive Logic ◽  
Study Techniques ◽  
The Impact

This research is to find out and understand the legal status of the delegation of government regulations to other government regulations and the juridical consequences of Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Land Deed Official Position Regulations that are formed not in accordance with statutory regulations. This research is a normative legal research. Normative legal research is legal research that places law as a norm building system. The norm system in question is about the principles, norms, rules, and regulations. Using the legal approach and conceptual approach. The technique of collecting legal materials using document study techniques is then processed by legal materials and analyzed normatively prescriptive using deductive logic. Based on the results of the study it can be concluded that the legal status of the delegation of authority to form government regulations delegated from other government regulations is invalid, because government regulations are formed to carry out the law as it should, not to carry out the provisions of other government regulations. Juridical consequences of Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Land Deed Official Position Regulations that are formed not in accordance with statutory regulations are null and void because they cannot provide legal certainty. This is because the formation of these government regulations is not in accordance with the principles of establishing the rules of law stipulated in Law Number 12 of 2011. The impact of this Government Regulation can be revoked because it does not comply with the principles of the formation of laws and regulations.

scholarly journals Pengawasan Pelaksanaan Otonomi Daerah

Wajah Hukum ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 146
Author(s):  
Mhd Ansori
Keyword(s):  
Central Government ◽  
Local Level ◽  
Regional Government ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
Historical Approach ◽  
Unitary State ◽  
The Government ◽  
Laws And Regulations ◽  
Regional Governments

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.

scholarly journals Kebijakan Pengaturan Pajak Hotel dan Restoran Sebagai Sumber Pendapatan Daerah DKI Jakarta Di Tengah Pandemi Covid-19

Syntax Idea ◽  
2021 ◽  
Vol 3 (12) ◽  
pp. 2532
Author(s):  
David Osvaldo Inasito
Keyword(s):  
Economic Growth ◽  
Government Regulation ◽  
Central Government ◽  
Provincial Government ◽  
System Stability ◽  
Financial Policy ◽  
Research Approach ◽  
Conceptual Approach ◽  
The Government ◽  
The City

Covid-19 has implications for social, economic growth, decreased state and regional revenues and economic growth that has slowed so that state and regional incomes do not reach the desired target. The government not only measures health efforts and handling this outbreak but also makes economic efforts that still have to run in pandemic conditions through policies and major steps taken. The Central Government issued Government Regulation In lieu of Law No. 1 of 2020 on State Financial Policy and Financial System Stability for The Handling of coronavirus pandemic 2019 and each region issued several policies related to the fulfillment of local original income, especially for the City of DKI Jakarta which is also affected related to local tax arrangements, namely hotel taxes and restaurant taxes that contribute greatly.  against PAD Kota DKI Jakarta. The purpose of this study is to see what the implications are for the existing condition of reducing hotel and restaurant tax rates in DKI Jakarta in the current pandemic conditions. This research uses a type of normative juridical research and with a type of research approach to the statutory approach, the case approach, the conceptual approach. The results of research on the implications of conditions in the city of DKI Jakarta and the efforts of the DKI Jakarta Provincial Government to overcome the decline of PAD through the policies provided one of them provides relief to hotel and restaurant taxpayers in pandemic conditions and provides freedom in the payment of tax penalties for hotels and restaurants that are certainly adjusted to certain conditions and requirements so that PAD Kota DKI Jakarta from the local tax sector continues to run.  and able to meet the targets that have been determined as they should

scholarly journals KONSEP HUBUNGAN KEWENANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH DALAM BINGKAI NEGARA KESATUAN DENGAN CORAK OTONOMI LUAS

2018 ◽  
Vol 12 (2) ◽  
pp. 2131-2145
Author(s):  
Rahmat Robuwan ◽  
Wirazilmustaan Wirazilmustaan ◽  
Rio Armanda Agustian
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Central Government ◽  
New Paradigm ◽  
Large Country ◽  
Delegation Of Authority ◽  
Unitary State ◽  
General Competence ◽  
Relationship Of ◽  
The Relationship

State of Indonesia is a very large country. It can be seen from many tribes, nations, cultures, languages, and others who are in Indonesia. As a unitary state with extensive autonomy, takes the concept of the relationship of authority between the central government and local governments. Administratively, the pattern of the relationship of authority between the central government and regional governments born of the delegation of authority. Who was born on the theory of delegation, supervision concept embraced by local governments in Indonesia are more inclined to form Hybrid variations (supervision), transfer of power from central to local government could be said to embrace open-end arrangement or general competence. therefore, a new paradigm in central and local relations should be established with the pattern of center-periphery relations towards a more harmonious, it's time developed progressive thinking that is based on relations that are complementary and interdependent.  

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

PERIMBANGAN KEUANGAN ANTARA PEMERINTAH PUSAT DENGAN PEMERINTAH DAERAH DALAM PENGELOLAAN KEUANGAN DAERAH

2016 ◽  
Vol 42 (1) ◽  
pp. 1
Author(s):  
Edward Hutagalung
Keyword(s):  
Local Government ◽  
Central Government ◽  
Local Authorities ◽  
Fiscal Capacity ◽  
Regional Autonomy ◽  
The Public ◽  
Delegation Of Authority ◽  
Regional Authority ◽  
Local Sources ◽  
Tax Sharing

The fi nancial relationship between central and local government can be defi ned as a system that regulates how some funds were divided among various levels of government as well as how to fi ndsources of local empowerment to support the activities of the public sector.Fiscal decentralization is the delegation of authority granted by the central government to theregions to make policy in the area of   fi nancial management.One of the main pillars of regional autonomy is a regional authority to independently manage thefi nancial area. State of Indonesia as a unitary state of Indonesia adheres to a combination of elementsof recognition for local authorities to independently manage fi nances combined with the element oftransferring fi scal authority and supervision of the fi scal policy area.General Allocation Fund an area allocated on the basis of the fi scal gap and basic allocation whilethe fi scal gap is reduced by the fi scal needs of local fi scal capacity. Fiscal capacity of local sources offunding that comes from the area of   regional revenue and Tax Sharing Funds outside the ReforestationFund.The results showed that the strengthening of local fi scal capacity is in line with regional autonomy.

LEGAL REGULATION DELEGATION OF AUTHORITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT IN UKRAINE

2018 ◽  
Author(s):  
Viktoriia Davydova ◽  
Keyword(s):  
Organizational Support ◽  
Central Place ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Public Authorities ◽  
Financial Autonomy ◽  
Socialist State ◽  
Delegation Of Authority ◽  
Delegation Of Powers

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.

scholarly journals EKSISTENSI PAJAK DAERAH SEBAGAI WUJUD PELAKSANAAN OTONOMI DAERAH DALAM KERANGKA GOOD FINANCIAL GOVERNANCE

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 251 ◽  
Author(s):  
Galih Arya Prathama
Keyword(s):  
Local Government ◽  
Financial Management ◽  
Central Government ◽  
Financial Resources ◽  
Regional Government ◽  
Delegation Of Authority ◽  
Government Financing ◽  
Financial Governance ◽  
The Government ◽  
Positive Support

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.

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