scholarly journals RECONSTRUCTION OF THE LOCAL GOVERNMENT MODEL BASED ON THE CONCEPT OF THE FOUNDING FATHERS AND THE 1945 CONSTITUTION JUNCTO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA TOWARS MODERN LOCAL GOVERNMENT

2018 ◽  
Vol 7 (3) ◽  
pp. 534
Author(s):  
Chanif Nurcholis ◽  
Sri Wahyu Kridasakti

<p>The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.</p>

2020 ◽  
Vol 30 (3) ◽  
pp. 800
Author(s):  
Suryo Pratolo ◽  
Febriana Diah Irmawati

This study is reviewed and tested empirically the influence of financial performance, dynastic politics, and performance of local government on accountability of regional financial reporting. This study uses the documentation method with secondary data taken from sources of the Indonesian Supreme Audit Board (BPK RI) and the Ministry of Home Affairs. The analytical test tool used in this study is multiple linear regression. It was found that the fiscal decentralization did not significantly affect the accountability of regional financial reporting but it was found that processing results showed a dependency ratio that had a negative and significant effect on the accountability of financial reporting produced by the local government. In the aspect of political dynasties, this variable was found to have no significant effect on the accountability of regional government financial reporting. The results also showed a significant positive effect of local government performance on the accountability of local government financial reporting. Keywords: Financial Performance; Political Dynasty; Performane of Local Government; Accountability of Financial Reporting in Local Governance.


Author(s):  
Gde Edi Budiartha

Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President.


2020 ◽  
Vol 20 ◽  
pp. 124-141
Author(s):  
Krishna Prasad Timilsina

Decentralization and local governance is the base of grassroot democracy, giving strong foundation of democracy at nation. Local governments are the closest unit of people. Constitution of Nepal acknowledges that executive legislative and judicial bodies may be formed at the local level. Constitution provides to consolidate socialism-oriented federal democratic republic governance right from the local level as per the principle of the rule of law and sustainable development through proportionally inclusive and just distribution of the fruits of democracy, and to make necessary provisions in relation to the operation of the local government to institutionalize the legislative, executive and judicial practice at the local level by consolidating local government through development of local leadership. This article aims at examining current provision of judicial power in local government of Nepal, its service delivery status, analyzing challenges of justice delivery. To draw the conclusion in this study descriptive analytical and content analysis method has been used and information has been taken from secondary method.


2018 ◽  
Vol 18 (2) ◽  
pp. 147-166
Author(s):  
Kiki Mikail

This research is analytical descriptive research. This study places policy analysis and as the main and free variable that will influence the process of establishing a Regional Regulation as a dependent variable. In article 5 of the Republic of Indonesia Constitution states that the regional government has the right to determine regional regulations or other regulations in order to carry out regional autonomy.The local government of Palembang has issued three local government regulations that have Islamic sharia laws, namely regional regulation number 2 of 2004 concerning the eradication of prostitution, regional regulation number 11 of 2006 concerning the prohibition of circulation and sale of alcoholic products and local regulations on zakat. in order to be right on target and more effective, some variables need to be considered by Palembang stakeholders so that the Regional Regulations that are stipulated are not just legality, but more than that it must be a general rule that all local regulations are made in order for the common good Palembang community. Keywords : Political Analys, local goverment regulations, local autonomy, the politics of sharia law


Upravlenie ◽  
2019 ◽  
Vol 7 (1) ◽  
pp. 26-34
Author(s):  
Nikolay Yuvitsa

With the development of independence, all public institutions, including the Institute of local government, have undergone changes in Kazakhstan. In the preceding period of local control in the Soviet Union, which includes Kazakhstan, was carried out in forms of state control at the local level, the functions of which are realized in the framework of local councils of people’s deputies. Participation of the population in the management of territories and settlements was limited to the delegation of their powers to elected representatives – deputies of rural districts, district, city and regional councils. Elections of people’s deputies were carried out in accordance with the Constitution and the norms of Soviet law, which also reflected the rights and duties of local councils within the political system of the Union state. With the independence of the country within the framework of the national legislation of the Republic of Kazakhstan, the constitutional status was acquired by local self-government. It is being radically reformed on a democratic basis in order to increase the self-organization of the population within the framework of the model of the national structure and political system of society. For this purpose, the bodies of public administration at the local level – akimats, headed by akims of regions, districts (cities), rural settlements. In addit ion, maslikhats were formed as representative bodies elected by the population - at the district (city) and regional levels. These structures, in accordance with the legislation, are partially endowed with the functions of self-government of the territories. At the same time, taking into account the world experience, the Republic is in the process of formation of self-government institutions of the territories. However, it is too early to talk about the effectiveness of the created national model of local self-government and its mechanisms. In reality, the population of Kazakhstan is not yet able to independently and responsibly solve issues of local importance; to monitor the work of local authorities, etc. The context of local governance in Kazakhstan is changing with the change of society under the influence of internal and external factors. These changes are ongoing and create some uncertainty, leading to the modernization of elements of existing institutions of local government. However, in view of the upcoming changes in the future, new challenges of global, regional and national character, it is necessary to move to more effective mechanisms and methods of managing society at different levels of government on a democratic basis.


2018 ◽  
Vol 10 (2) ◽  
pp. 86
Author(s):  
Andreas Susanto Marbun ◽  
Dinny Wirawan Pratiwie

The Unitary Republic of Indonesia's Republic of Indonesia in organizing the system of government embraces the principle of Decentralization by providing opportunities and freedom to the regions to organize Regional Autonomy. Indonesia is a regional entity consisting of central government and local government, as regulated in the provisions of Article 18 paragraph (1) of the 1945 Constitution which states that the Unitary State of the Republic of Indonesia is divided into provinces and provinces are divided into districts and city, where each province, district, and city have local government, which is regulated by law. The district / municipality government comprises the subdistrict area, and each sub-district has village / village in it, the village's new face becomes the hope of accompanying the establishment of Law No. 6 of 2014 on the Village which becomes the starting point of the village's hope to be able to determine the position, role and authority over himself so that the village can be politically and politically swayed as the foundation of village democracy, as well as economically and culturally dignified as the face of village self-reliance and rural development. Article 26 has given the village chief the opportunity to manage the finances and assets owned by the village. The stages of the village financial management have been regulated by the Minister of Home Affairs Regulation No. 113 of 2014 on Village Financial Management, and the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 1 of 2016 on Village Asset Management regulates the procedures for managing village assets. The management of village finances and assets can’t be separated from the ability of the Village Head and other village apparatus. The responsibility of the Village Head in managing village finances and assets properly, transparently and in accordance with applicable laws and regulations is necessary to promote the development and economy of the village, including Karang Tunggal village as one of government under Kutai Kartanegara.


2018 ◽  
Author(s):  
Husik Ghulyan

English Abstract: In this paper, local governments and regional policies of the Republic of Armenia are examined. First, the development of local governance in Armenia and the role and place of local governments in the governance structure of this country have been analyzed. In the paper, Armenia’s local government system in the context of ECLSG and the correspondence of Armenia’s local governance legislation to the principles and clauses of this charter are analyzed. In line with this objective, the Constitution of the Republic of Armenia, its municipal legislation and other statutes have been analyzed, and the reflection of the ECLSG clauses ratified by Armenia in these statutes is examined. In addition, the regional policies and regulations aiming at the elimination of Armenia’s inter-regional differences in terms of development and their results are examined.Turkish Abstract: Makalede Ermenistan’ın yerel yönetimler ve bölgesel politikaları incelenmektedir. İlk önce Ermenistan’da yerel yönetimlerin gelişimi ve ülkenin idari yapılanmasında yerel yönetimlerin rolü ve yeri incelenmiştir. Makalede Ermenistan’ın yerel yönetimler sistemi, Avrupa Yerel Yönetimler Özerklik Şartı (AYYÖS) bağlamında ve yerel yönetimler mevzuatının bu şartın ilkelerine ve maddelerine uyum sağlayıp sağlamaması açısından incelenmektedir. Bu amaç doğrultusunda Ermenistan anayasası, belediye mevzuatı ve diğer yasalar incelenmiş ve onlarda Ermenistan tarafından onaylanmış olan AYYÖŞ’ün maddeleri ne derecede yansıtıldığı incelenmiştir. Ayrıca, sosyo-ekonomik gelişmişlik açısından önemli bölgelerarası dengesizliklere sahip olan Ermenistan’da, bu dengesizlikleri ortadan kaldırmak ve azaltmak için ülkenin geliştirdiği politikalar ve düzenlemeler ve onların sonuçları incelenmektedir.


2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Ryan Anggria Pratama ◽  
Askarmin Harun

AbstractThe underlying consideration of this research is that given the increasingly growing the urban village chief’s duty in the field of government, development and community empowerment, the presence and role of Social Institution is very much needed to assist the urban village chief’s duty in the implementation. This research was conducted in Bukit Cermin Urban Village Tanjungpinang City which is the best Urban Village of Riau Islands in the year 2015. This study aims to determine the role and constraints of Social Institutions in assisting the The urban village chief’s duty in the field of development in Bukit Cermin Urban Village of Tanjungpinang. The results of the study found that the role of Social Institutions in assisting the urban village chief in the development of Bukit Cermin Urban Village of Tanjungpinang includes educational inspirator, environmental facilitator, entrepreneurial motivator, order mediator and development initiator. Then that hamper the role of social institutions in assisting the urban village chief’s duty in the field of development such as lack of support from the local government, does not occur the process of good regeneration, and inequality in the coaching of social institutions. The authors argue that the obstacles that occur because the Regional Government of Tanjungpinang City just issued a Regional Regulation on Social Institutions in 2016, so that in previous years for the city of Tanjungpinang only refers directly to the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 5 of 2007 on Guidelines Setup  of Social Institutions without more specific rules. Keywords: roles, social institutions, development AbstrakPertimbangan yang mendasari penelitian ini adalah mengingat tugas lurah yang semakin bertambah dibidang pemerintahan, pembangunan dan pemberdayaan masyarakat, maka kehadiran dan peranan Lembaga Kemasyarakatan teramat sangat dibutuhkan guna membantu tugas lurah dalam penyelenggaraannya. Penelitian ini dilakukan di Kelurahan Bukit Cermin Kota Tanjungpinang yang merupakan Kelurahan terbaik se-Kepulauan Riau pada Tahun 2015. Peneltian ini bertujuan untuk mengetahui peranan dan hambatan lembaga kemasyarakatan dalam membantu tugas Lurah di bidang pembangunan di Kelurahan Bukit Cermin Kota Tanjungpinang. Hasil penelitian ditemukan bahwa peranan lembaga kemasyarakatan dalam membantu tugas lurah dibidang pembangunan di kelurahan bukit cermin kota Tanjungpinang meliputi Inspirator pendidikan, Fasilitator lingkungan, Motivator kewirausahaan, Mediator ketertiban, dan inisiator pembangunan. Kemudian yang menghambat peranan lembaga kemasyarakatan dalam membantu tugas lurah dibidang pembangunan seperti minimnya dukungan dari pemerintah daerah, tidak terjadi proses kaderisasi yang baik, dan ketidakmerataan dalam pembinaan lembaga kemasyarakatan. Hambatan itu terjadi dikarenakan Pemerintahan Daerah Kota Tanjungpinang baru mengeluarkan Peraturan Daerah tentang Lembaga Kemasyarkatan pada Tahun 2016, sehingga pada tahun-tahun sebelumnya untuk Kota Tanjungpinang hanya mengacu langsung pada Peraturan Menteri Dalam Negeri Republik Indonesia Nomor 5 Tahun 2007 tentang Pedoman Penataan Lembaga Kemasyarakatan tanpa peraturan lebih khusus Kata Kunci: peranan, lembaga kemasyarakatan, pembangunan


2016 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Mervete Shala ◽  
Skender Shala

In this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.


2021 ◽  
Author(s):  
HARZIKO

AbstractThe territory of the Republic of Indonesia is very wide covering many large and small islands, so it is not possible if everything will be managed entirely by the Government which is domiciled in the State Capital, to manage the administration of state government to all corners of the country, it is necessary to form a regional government. Local governments and village governments have shifted from a centralized system of government to a decentralized one so that providing services to the public is closer and can be done optimally. This implementation brings a lot of hope to the improvement, management, and quality of local performance. This study aims to examine the role of the Village Consultative Body (BPD) in the Village Government and what factors hinder the role of the Village Consultative Body (BPD) in the Village Government in Karang Jaya Village. This research is a descriptive type of research, namely a study that describes the phenomena of a BPD cooperation management with the village head, thus the approach used is the normative approach. The results show that the BPD in Karang Jaya village has not been able to carry out its role optimally because the human resources of BPD members are still low, especially in the education sector so that in carrying out its roles and functions the BPD does not understand what to do concerning the control and supervisory functions. becomes its authority in controlling and supervising the performance of the Village Government / Village Head.Keywords: BPD, Karang Jaya, Role


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