MODEL OF LOCAL GOVERNMENT IN INDONESIA: WHAT DOES THE 1945 CONSTITUTION INTEND?

2021 ◽  
Vol 6 (1) ◽  
pp. 13-26
Author(s):  
Inna Junaenah
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Recent Model ◽  
Government Function ◽  
Global Trends ◽  
Left Behind ◽  
Itu Model ◽  
Object Of Study ◽  
Global Values ◽  
Financial Organisation

The character of the current local government in Indonesia is moving forward to re-centralisation instead of decentralisation. Meanwhile, some comparative studies on models of local governments are catching eyes as they attempt to systemise a classification. This paper aims to describe a legal doctrinal assessment of the model of local government in Indonesia. It also gives some options for a separate comparative study, if it needs an ‘apple to apple’ or an inspiring object of study, to achieve the purposes of comparison for better legislation constituting local government in Indonesia. In doing so, the previous studies on global models of local government are examined to assess the current Indonesian legislations, covering the nature of the legal entity, source of authority and financial, organisation, and the extent in making the decision. This study points that the recent model of local government in Indonesia is a hybrid system, which implies close to Franco rather than the Anglo model, with certain specifications. However, the 1945 Constitution contains some future and global values without disregarding the root of local government function in the community. Therefore, the study considers the normative model of local government in Indonesia inconsistent with the legal policy in the 1945 Constitution. It is then considerable if an amendment of the local government Act is an option to re-modify the model of local government, which can reflect the ideas in the Constitution and is not left behind the global trends. Abstrak: Karakter Pemerintahan Daerah yang Nampak hari ini di Indonesia lebih mengarah pada re-sentralisasi daripada desentralisasi. Sementara itu, beberapa kajian perbandingan mengenai model-model pemerintahan daerah cukup menarik untuk dapat dilihat bagaimana untuk mengklasifikasi suatu sistematisasi. Dalam tulisan ini hendak dipaparkan sudut pandang yuridis-normatif  terhadap model Pemerintahan Daerah di Indonesia. Termasuk di dalamnya terdapat suatu pilihan untuk studi perbandingan, apakah dibutuhkan syarat suatu kesetaraan atau syarat suatu objek kajian yang dapat mengispirasi, untuk mencapai tujuan perbandingan yaitu penyempurnaan suatu hukum yang mengatur Pemerintahan Daerah di Indonesia. Untuk itu, kajian-kajian terdahulu mengenai model-model Pemerintahan Daerah secara global telah ditelaah berikutnya sebagai bahan untuk dapat mencermati peraturan perundang-undangan di Indonesia, yang meliputi makna entitas hukumnya, sumber kewenangan dan keuangan, kelembagaan dan sejauh mana untuk menentukan keputusan. Ditemukan bahwa model Pemerintahan Daerah di Indonesa merupakan system hybrid, yang lebih mendekati model Franco dibandingkan dengan model Anglo beserta spesifikasi di dalamnya. Bagaimanapun, Undang-Undang Dasar 1945 berisi nilai-nilai masa depan dan global tanpa mengesampingkan akar dari fungsi Pemerintahan Daerah di masyarakat. Dengan patokan seperti itu, model normatif Pemerintahan Daerah di Indonesia tidak sejalan dengan dengan gagasan dalam UUD 1945. Maka dari itu, suatu perubahan terhadap Undang-Undang Pemerintahan Daerah dipandang sebagai suatu upaya yang dapat dipertimbangkan untuk re-modifikasi model Pemerintahan Daeeah dapat mencerminkan gagasan dalam Konstitusi tanpa tertinggal oleh kecenderungan global. Kata Kunci: Perbandingan Pemerintahan Daerah, Desentralisasi, Model Pemerintahan Daerag, UUD 1945 Negara Republik Indonesia

scholarly journals CRIMINALISTIC CLASSIFICATION OF CORRUPTION CRIMES IN LOCAL GOVERNMENTS

2019 ◽  
pp. 371-381
Author(s):  
Yu. Motlich
Keyword(s):  
Local Government ◽  
Criminal Law ◽  
Local Governments ◽  
Criminal Activity ◽  
Form Complex ◽  
Investigation Methods ◽  
Object Of Study ◽  
Optimal Set

This article is devoted to the study of criminalistic classification of corruption crimes in local governments. It discusses issues related to determining the basis for constructing a criminalistic classification, types and their significance for the development of criminalistic techniques for investigating corruption crimes in local government. Analysis of the scientific works of scientists led to the conclusion that the criminalistic classification is the basic systematizing element of crime investigation methodology, from which directly complex depends guidelines for the implementation of the investigation and ways to improve such recommendations. Such a scientific position is connected with the very essence of a criminal event as an object of study of criminalistics. The author of the article supports the position of scientists, indicate that the role of the criminalistic classification is to single out criminalistic signs of criminal activity and activities to investigate such crimes. This allows you to build the most effective and optimal criminalistic techniques. The method of investigation of corruption crimes in local governments is related to interspecific methods. Criminalistic construction qualifying offenses given the common criminalistic significant and criminal-legal signs allows science to create such interspecific methods that could satisfy the needs of the investigation. There are various approaches to the solution of the question of determining the grounds for constructing a criminalistic classification. It is necessary to take into account criminal-law and purely criminalistic signs in the implementation of the construction of a criminalistic classification of corruption crimes committed in local government bodies. In addition, it should be emphasized separately that the specific characteristic of the investigated crimes committedcamping in local government, it is the corruption component. Accounting for this specific feature is due to its direct influence on all elements of the criminal event. Therefore, the assignment to corruption of a certain group of crimes committed in local government bodies is associated both with the implementation of the correct criminal law qualification of the act, and with ensuring the proper level of organization and the choice of the correct investigation technique. Given the nature of the corruption component of individual crimes and results of studies of the development of criminalistic classifications, we can conclude that the classification of the study group of crimes should be subject to the following significant features : 1) the identity of the offender; 2) subject of encroachment; 3) method of crime (methods of preparing, committing and concealing crimes) ; 4) criminal technologies; 5) the results and consequences of the crime. The criminalistic classification is a vital element of such an interspecific criminalistic methodology, such as the method of investigating corruption crimes in local governments. Its development is aimed at ensuring the construction of an effective method of investigation of this group of crimes. The allocation of criminalistic classification with regard to criminal law and significant criminalistics grounds will allow to form complex methodological recommendations taking into account various typical situations of the initial and subsequent stages of the investigation, identify typical versions, tactical tasks and provide for an optimal set of means to solve them. Key words: forensic classification, corruption, bodies of local self-government, investigation, methods of investigation of crimes.

scholarly journals Today’s judgment of sub-statistical regions, the sources of development in the most disadvantaged areas, and the experiences of their utilization in the Sarkad area

2010 ◽  
pp. 105-110
Author(s):  
Péter Horváth
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Local Governments ◽  
Government Function ◽  
Administration System ◽  
Current State ◽  
The Government ◽  
Main Message ◽  
Area Development

The system of our nation’s sub-statistical regions is before a change; its role in the Hungarian public administration has to be settled, which will be one of the most significant tasks of the forthcoming years. A prevalent question among the learned professionals is whether the sub-statistical regions will become local governments or they will keep their regulating and taskperforming functions? Public administration system of sub-statistical regions can be framed around three functions, which also determine the complements of the establishment: local government function, area development function, polity function. A strategic question is the equalization and development of the most disadvantaged. Here is where the LHH project, aiming at the development of the most disadvantaged sub-statistical regions, provides support. The main message of the program initiated by the government is “we will not abandon anyone”. In my article, the current state of the program in Sarkad’s sub-statistical region,the area of my study, will be discussed.

OPTIMALISASI PERAN PEMDA DALAM MENGATASI KENDALA PELAKSANAAN KONSERVASI KEANEKARAGAMAN HAYATI DI DAERAH (STUDI KASUS PROVINSI BENGKULU)

2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Antung Deddy Radiansyah
Keyword(s):  
Local Government ◽  
Biodiversity Conservation ◽  
Local Governments ◽  
Central Government ◽  
Wild Plants ◽  
Regional Government ◽  
Conservation Areas ◽  
Conservation Area ◽  
Conservation Policies

Gaps in biodiversity conservation management within the Conservation Area that are the responsibility of the central government and outside the Conservation Areas or as the Essential Ecosystems Area (EEA) which are the authority of the Regional Government, have caused various spatial conflicts between wildlife /wild plants and land management activities. Several obstacles faced by the Local Government to conduct its authority to manage (EEA), caused the number and area of EEA determined by the Local Government to be still low. At present only 703,000 ha are determined from the 67 million ha indicated by EEA. This study aims to overview biodiversity conservation policies by local governments and company perceptions in implementing conservation policies and formulate strategies for optimizing the role of Local Governments. From the results of this study, there has not been found any legal umbrella for the implementation of Law number 23/ 2014 related to the conservation of important ecosystems in the regions. This regulatory vacuum leaves the local government in a dilemma for continuing various conservation programs. By using a SWOT to the internal strategic environment and external stratetegic environment of the Environment and Forestry Service, Bengkulu Province , as well as using an analysis of company perceptions of the conservation policies regulatary , this study has been formulated a “survival strategy” through collaboration between the Central Government, Local Governments and the Private Sector to optimize the role of Local Government’s to establish EEA in the regions.Keywords: Management gaps, Essential Ecosystems Area (EEA), Conservation Areas, SWOT analysis and perception analysis

Entrepreneurship Management at the Local Government Level: The Experience of the Cities for Entrepreneurs Program

2018 ◽  
Vol 9 (5) ◽  
pp. 388-407
Author(s):  
Patricio Gigli ◽  
◽  
Donatela Orsi ◽  
Marisel Martín Aramburú ◽  
◽  
...  
Keyword(s):  
Human Capital ◽  
Local Government ◽  
Local Governments ◽  
Structural Characteristics ◽  
National Level ◽  
Development Issue ◽  
Starting Point ◽  
Local Government Level ◽  
Micro Level ◽  
Government Level

This paper aims at describing the experience of the Cities for Entrepreneurs Program (Ciudades para Emprender or CPE) of the National Directorate of Community and Human Capital (which belongs to the SEPYME), National Ministry of Production. This paper starts from the premise that entrepreneurship takes place at the most micro level of the offer and, therefore, is a concept associated with the characteristics of the environment closest to that offer: the local territory. However, there is little history in the country of public policies relating the issue of entrepreneurship with the local management. That is why we take as a starting point the conceptualization of the chosen framework: local governments and the development issue, seen from the perspective of entrepreneurships. Moreover, an overview is given on the structural characteristics of municipalities in Argentina. In addition, some international experiences and attempts to promote entrepreneurship at a national level are analyzed. Finally, the Cities for Entrepreneurs Program (CPE) is outlined, based on a summary of the diagnoses of the Entrepreneurial Ecosystems of the selected cities and the tools used and their execution status at the time of publication of this paper.

A Real Or a Marginal Trend in Participatory Budgets in Local Governments

e-Finanse ◽  
2018 ◽  
Vol 14 (4) ◽  
pp. 12-21
Author(s):  
Beata Zofia Filipiak ◽  
Marek Dylewski
Keyword(s):  
Local Government ◽  
Social Participation ◽  
Local Governments ◽  
Current Practice ◽  
Public Policies ◽  
Local Communities ◽  
Public Expenditures ◽  
Public Funds ◽  
Depth Analysis ◽  
Participatory Budget

AbstractThe purpose of the article is analysis of participatory budgets as a tool for shaping decisions of local communities on the use of public funds. The authors ask the question of whether the current practice of using the participatory budget is actually a growing trend in local government finances or, after the initial euphoria resulting from participation, society ceased to notice the real possibilities of influencing the directions of public expenditures as an opportunity to legislate public policies implemented. It is expected that the conducted research will allow us to evaluate the participatory budget and indicate whether this tool practically acts as a stimulus for changes in the scope of tasks under public policies. The authors analyzed and evaluated the announced competitions for projects as part of the procedure for elaborating participatory budgeting for selected LGUs. Then, they carried out an in-depth analysis of the data used to assess real social participation in the process of establishing social policies.

Spatial and Institutional Analysis of the Voivodships Expenditure on Culture in the Years 2003 – 2015

e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Local Governments ◽  
Local Level ◽  
Institutional Analysis ◽  
The State ◽  
Cultural Institutions ◽  
Location Quotient ◽  
Local Authorities ◽  
National Heritage

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.

Analysis of changes in the organizational structure of municipal offices

Management ◽  
2012 ◽  
Vol 16 (2) ◽  
pp. 373-387
Author(s):  
Joanna Snopko
Keyword(s):  
Local Government ◽  
Customer Service ◽  
Local Governments ◽  
Organizational Structures ◽  
Organisational Structure ◽  
Office Management ◽  
Organisational Structures ◽  
Partner Relations ◽  
Structural Solutions ◽  
Proper Performance

Abstract Organisational Structure of Municipal Offices - Key Determinats The multitude of tasks and problem issued faced by local governments necessitates their evolution towards improvement of the existing organisational structures. Comparison of the existing organisational structures of various municipal offices could create a misleading that their organizational structures do not undergo any transformations. In reality, the type of an organisational structure remains unchanged while its elements change very frequently. These changes are activated when, according to the office management, they do not ensure proper performance of tasks faced by local government administration and appropriate customer service. Also note that, in the applied solutions, there is a strive for perfection which can be noticed, in a sense. It expresses the concept that this is not a structure which can effectively play its role today and is prepared for challenges of tomorrow. However, the process of transformations has not developed any new solutions. To this end, the local government must develop organisational structures appropriate for identifying and reaching its objectives. For this reason, it’s worthwhile to consider solutions which combine elements of the existing and modern solutions or address new opportunities created by process-oriented structures. However, these transformations must, first and foremost, cause a transformation of bureaucratic-style municipal offices into modern organisations which apply modern methods of management. These are organisations which introduce deep-reaching organisational changes, i.e. transform their hierarchic interorganisational relations into more partner relations and transform their structural solutions into more flexible solutions as well as change their employees’ way of thinking. Without such transformations in local government, municipal offices will be still referred to as bureaucracy and civil servants as bureaucrats.

First Meeting of the PIDE Committee on Devolution Reforms in Pakistan

2006 ◽  
Vol 45 (1) ◽  
pp. 157-161
Author(s):  
Durre-e- Nayab
Keyword(s):  
Local Government ◽  
Health Education ◽  
Service Delivery ◽  
Social Welfare ◽  
Human Development ◽  
Local Governments ◽  
Public Services ◽  
Municipal Services ◽  
Fiscal Decentralisation ◽  
National Reconstruction

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.”

Policy Direction for Philippine Level 3 Local Government Hospitals based on the Predictors of Quality Patient Care

2019 ◽  
Vol 4 (3) ◽  
pp. 53-63
Author(s):  
Lucille A. Abraham ◽  
Mary Caroline N. Castaño
Keyword(s):  
Local Government ◽  
Human Resources ◽  
Patient Care ◽  
Local Governments ◽  
Ordinary Least Squares ◽  
Quality Patient Care ◽  
Industry Type ◽  
Government Hospitals ◽  
Level 3 ◽  
Policy Direction

ABSTRACT Objective – The study aims to formulate a policy direction (through a model) among Philippine level 3 local government hospitals based on the predictors of Quality Patient Care (QPC). The predictors are cost-effectiveness, utilization of materials, services by human resources, accessibility, leadership and management and ethical standards as independent variables in relation to the dependent variable which is QPC. Methodology/Technique – Survey questionnaires and interviews were conducted to patients, hospital directors, doctors, nurses, administrative and ancillary officers. The study used descriptive (mean and standard deviation) and inferential (ordinary least squares and multiple regression analysis) statistics. Findings – The study revealed that the utilization of materials has the most influence/effect on QPC wherein an increase in 1% of materials brought about an increase of 0.55 % in QPC. Likewise, accessibility brought about an increase in QPC by 0.42 %; and services rendered by human resources brought about an increase in QPC by 0.05 %. Novelty – This is the first study of Philippine Level 3 local government hospitals which aims to formulate a policy direction (through a model) based on the predictors of QPC. This can be used by the national and local governments in devising policies to improve healthcare, particularly in the hospital industry. Type of Paper: Empirical Keywords: local government hospitals; Philippines; policy direction; quality patient care

The current situation and countermeasures of education and teaching of left behind children in rural areas

2021 ◽  
pp. 002072092110077
Author(s):  
Xue Li ◽  
Hongmei Hu
Keyword(s):  
Academic Performance ◽  
Local Government ◽  
Rural Areas ◽  
Personality Development ◽  
Research Process ◽  
Current Situation ◽  
Survey Method ◽  
Left Behind ◽  
Before And After ◽  
Role Of Parents

The family education responsibilities of rural left-behind children are not fully implemented, and school education is weak, which has caused a series of problems. The education of rural left-behind children has gradually attracted people's attention. In this context, this article studies the current situation and countermeasures of rural LBC education and teaching. This article combines research methods such as questionnaire survey method and on-site interview method for research. In order to better explain the problems of local government, this article first defines the definition of local government, expounds the theory of personality development, and uses scientific sampling methods in the research process to extract research results from some rural areas in our province.了Analysis. Based on the performance of LBC and non-LBC schools, learning guidance and learning, the current situation of LBC education in China was studied. In addition, this article also studied the performance of LBC parents before and after they went abroad, and made some suggestions. The study found that before the parents went out, LBC's academic performance was mainly concentrated at the intermediate level and above, accounting for 78%. After the parents went out, LBC's academic performance decreased significantly, and the results were mainly concentrated in the intermediate and above. Below, accounting for 84%. It can be seen that the role of parents in children's growth education is essential.

Sign in / Sign up

Export Citation Format

Share Document