POLITIK HUKUM PENGATURAN KEWENANGAN PENGELOLAAN WILAYAH PESISIR DAN PULAU-PULAU KECIL OLEH PEMERINTAH DAERAH DALAM KERANGKA NEGARA KESATUAN REPUBLIK INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 19
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
Coastal Areas ◽  
Regional Government ◽  
Small Islands ◽  
Regional Autonomy ◽  
Article 50 ◽  
Relationship Of ◽  
Regional Governments

Management of coastal areas and small islands by the regional government is essentially the implementation of regional autonomy that has been guaranteed by Article 18 paragraph (2) of the 1945 NRI Constitution. With the existence of regional autonomy, according to Article 18A of the 1945 NRI Constitution there is a relationship of authority in the management of coastal areas and small islands. For this reason, the authority of regional governments in managing coastal areas and small islands is an inseparable part of regional autonomy. Based on Article 50 of Law No. 1 of 2014 in conjunction with Article 18 of Law No. 32 of 2004, the provincial authorities ranging from 4 nautical miles to 12 nautical miles, while the regencies / cities have the authority ranging from 0 nautical miles to 4 nautical miles. However, since the enactment of Law no. 23 of 2014, specifically the provisions of Article 14 paragraph (1), management of coastal areas and small islands is only the authority of the Central and provincial governments. Provincial authorities start from 0 nautical miles to 12 nautical miles. Whereas regencies / cities no longer have authority in managing coastal areas and small islands.

scholarly journals Pembangunan Pertanian pada Era Otonomi Daerah: Kebijakan dan Implementasi

2016 ◽  
Vol 30 (1) ◽  
pp. 31
Author(s):  
Henny Mayrowani
Keyword(s):  
Agricultural Development ◽  
Regional Government ◽  
Government Officials ◽  
Regional Autonomy ◽  
Cost Center ◽  
Long Time ◽  
Agricultural Business ◽  
Negative Impacts ◽  
Regional Authorities ◽  
Regional Governments

<p><strong>English</strong><br />Regional autonomy gives more authority to the regional governments, namely those regencies and municipalities, to take the initiative in designing and developing a locally specific policy. It includes in conducting agricultural development in each region. The regional authorities in policy implementation have both positive and the negative impacts on agricultural development. Most of the regional governments’ regulations are designed to improve regional government revenues. Most regional government officials think that agricultural development is costly, but it takes a long time to return the investment. This is why issues of importance of agriculture are less attractive to the regional policymakers, especially in supporting agricultural business and extension. The positive impacts of regional autonomy can be observed in some regional governments successfully develop regional agricultural policy but not supported through the regional regulations.</p><p> </p><p><strong>Indonesian</strong><br />Kebijakan otonomi daerah memberi kebebasan kepada daerah untuk mengambil inisiatif dalam mendesain dan mengembangkan kebijakan lokal secara spesifik. Kewenangan di bidang pertanian merupakan kewenangan yang dilimpahkan pada kabupaten/kota. Besarnya kewenangan dalam pelaksana kebijakan daerah memberikan dampak positif dan negatif terhadap pengembangan pertanian. Sebagian besar Perda dibuat dengan tujuan untuk meningkatkan pendapatan Pemerintah Daerah. Pembangunan pertanian dianggap oleh sebagian birokrasi dan legislator lokal sebagai bidang yang cost-center yang membutuhkan investasi besar namun return-nya cukup lama. Hal ini yang menyebabkan mengapa isu pentingnya pembangunan pertanian kurang menarik perhatian bagi sebagian besar pembuat kebijakan daerah. Kecenderungan umum menunjukkan bahwa kebijakan pemerintah daerah kurang berpihak pada kegiatan yang terkait dengan pembangunan pertanian terutama dalam perbaikan iklim usaha dan penyuluhan. Hal ini  merupakan dampak negatif kebijakan otonomi daerah terhadap sektor pertanian. Namun dampak positif dari kebijakan otda terlihat dari beberapa Pemerintah Daerah yang telah berhasil mengembangkan pertanian daerah dan mengimplementasikan beberapa kebijakan daerah yang tidak diterbitkan dalam Peraturan Daerah.</p>

Regional Government: The Italian Experience

1987 ◽  
Vol 5 (3) ◽  
pp. 327-346 ◽  
Author(s):  
R L King
Keyword(s):  
Central Government ◽  
Central Italy ◽  
Regional Government ◽  
Government Control ◽  
Regional Autonomy ◽  
Italian Experience ◽  
Service Organisation ◽  
Northern Regions ◽  
The Relationship ◽  
Regional Governments

This paper is a review of Italy's stuttering progress towards regional autonomy. At the unification of Italy in 1860, a centralised administrative structure was adopted, as prescribed by the Piedmontese Constitution of 1848. Centralisation of political power reached its apogee during the Fascist period. Regionalist sentiment resurfaced strongly after the last war and gained formal expression in the 1948 Republican Constitution, which provided for the creation of five ‘special’ and fourteen (later fifteen) ‘ordinary’ regions. The special regions—regions of special linguistic or political sensitivity (Valle d'Aosta, Trentino-Alto Adige, Friuli-Venezia Giulia, Sicily and Sardinia)—were established between 1948 and 1963, but delays orchestrated by the Christian Democrat-dominated central government, reluctant to relinquish its power, postponed the establishment of the ordinary regions until the 1970s, when pressure from the Socialist Party prevailed. The legislative powers of the regions are of three forms: Exclusive (available only to the special regions), complementary, and integrative, the order representing progressively diminishing elements of decisionmaking autonomy. Several regions in central Italy have elected Communist regional governments. However, hopes that the regional governments would be instrumental in ending corrupt and inept government and eradicating regional disequilibria, have mostly been misplaced, although some progress has been made, especially in the northern regions, in the fields of administrative reform, social service organisation, and regional economic planning. The principal reason for lack of progress is the continuing central government control over regional government funds. In many regions considerable amounts of unspent funds have accumulated owing to a combination of political stalemate at the regional level and central government veto. Special attention is given in this paper to the relationship between regional autonomy and (1) local government, and (2) regional planning. To conclude, the present state of play represents an uneasy compromise between the two contradictory historical forces of centralism and regionalism, present since unification. Although there has been a significant departure from the rigid centralisation of the past, the retention of most of the important powers by the central government frustrates the ambitions of the regions to really organise their own affairs.

scholarly journals PEMBENTUKAN HUKUM DAN PERLAKUAN KHUSUS WILAYAH PROVINSI KEPULAUAN DALAM SISTEM PEMERINTAHAN DAERAH DI INDONESIA

2019 ◽  
Vol 18 (1) ◽  
pp. 76
Author(s):  
Zainuri Zainuri
Keyword(s):  
Development Policy ◽  
Legal Issues ◽  
Border Region ◽  
Special Treatment ◽  
Regional Government ◽  
Regional Autonomy ◽  
Regional Control ◽  
Control Patterns ◽  
Development Approach ◽  
Regional Governments

<p><strong><em>Abstract</em></strong><strong><em> : </em></strong><em>In the era of regional autonomy for regional governments to build the island province region based on: (a) There are as many as 60% of the population or as many as 140 million Indonesians live in coastal areas. Where 22% of them live in coastal and remote islands that have been less touched by development, (b), the development policy approach in Indonesia has been carried out with a land-oriented regional development approach whereas Indonesia is an archipelago therefore a different approach is needed for development in the island province, (c), Difficulties in Regional Control Patterns. In the Province, land-based communication is much easier to do, while communication is far more difficult to do in the island province, (d), the difficulty of the local government in empowering small islands in the island province especially those in the border region, (e), still Isolation of the archipelago community that has not been touched by development. In this paper the author uses a normative juridical approach with legal issues in this paper is the formation of law and special treatment of the island province in the system of regional government. Special arrangements and treatment of the Islands Province, because in Law No. 23 of 2014 concerning Regional Governments has not specifically regulated the island Province.</em></p>

scholarly journals Legal Redesignation of Central and Regional Authorities to Strengthen Sinergity in Public Services

2021 ◽  
Vol 23 (1) ◽  
pp. 23-48
Author(s):  
Malicia Evendia ◽  
Ade Arif Firmansyah
Keyword(s):  
Public Services ◽  
Central Government ◽  
Provincial Government ◽  
Regional Government ◽  
City Governments ◽  
Form Of Government ◽  
Regional Authorities ◽  
Relationship Of ◽  
The Relationship ◽  
Regional Governments

This study aims to analyze and find the ideal legal design of the relationship of authority between the central and regional governments in order to strengthen synergy in public services. In essence, the granting of autonomy to the regions is directed at accelerating the realization of public welfare, through the implementation of government affairs. Concurrent government affairs as stipulated in Law no. 23/2014, is a governmental affair that is divided between the central government, provincial government and district/city governments. In practice, when problems occur in the implementation of concurrent affairs which fall under the central authority, the regional government is in a powerless position. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results of this study indicate that: the absence of a legal instrument that accommodates and bridges central and regional authorities causes problems that occur in the community to continue and do not immediately find solutions. It is necessary to have legal instruments in the form of government regula-tions in bridging the authority of the central and regional governments to build synergy in public services, especially to resolve conflicts that occur in society so that government administration can run effectively.

scholarly journals Unraveling Authority of Coal Mining Management by the Regional Government and Its Implications for Regional Autonomy

2020 ◽  
Vol 1 (2) ◽  
pp. 223-242
Author(s):  
Dolot Alhasni Bakung
Keyword(s):  
Natural Resources ◽  
Coal Mining ◽  
Financial Management ◽  
Local Governments ◽  
Municipal Government ◽  
Provincial Government ◽  
City Government ◽  
Regional Government ◽  
Regional Autonomy ◽  
Regional Governments

The region has the authority to manage and regulate its territory independently based on the mandate of Article 18 paragraph (2) of the 1945 Constitution. One such authority is to manage natural resources in this case conducting coal mining. The management of coal mining under the Minerba Act places the district/city government in authority in its management. Meanwhile, the Local Government Law places the provincial government also in possession of this management authority. This gave birth to the dualism of regulation in terms of the authority to manage coal, giving rise to a contradiction between one rule and another. The problem in this study is First, how is the condition of coal mining management by local governments in the perspective of regional autonomy? Second, what are the implications of the current coal mining arrangements by the regional government? The results of the study showed that coal mining authority from the district/municipal government under the Minerba Act then was transferred to the provincial government based on the Regional Government Law was reasonable because of various problems that arose from the authority of the district/city government. However, this fact puts the authority of coal mining management in dualism and disharmony in its regulation. This dualism has implications for the disruption of the pattern of authority relations between the central and regional governments, financial management between the central and regional governments, and the division of supervisory authorities between the central and regional governments.

scholarly journals THE EFFECT OF REGIONAL ORIGINAL INCOME (PAD) AND GENERAL ALLOCATION FUNDS (DAU) ON CAPITAL GOODS EXPENDITURE IN WEST PASAMAN

2019 ◽  
Vol 7 (1) ◽  
pp. 30-37
Author(s):  
Asraf Asraf ◽  
M Saleh Lubis ◽  
Zuhafni ST Perapatih ◽  
Wila Sari
Keyword(s):  
Research Method ◽  
Capital Expenditure ◽  
Regional Government ◽  
Budget Management ◽  
The West ◽  
Capital Goods ◽  
Regional Autonomy ◽  
The People ◽  
Regional Budget ◽  
Regional Governments

Delegation of budget management authority to Regional Governments in the framework of regional autonomy provides flexibility for Regional Governments to plan and implement development for the welfare of the people. For this purpose, one of the important aspects in the APBD is capital expenditure. Capital goods are very urgent for improving welfare and as a stimulus for improving the economy of the community. Among the sources of funds to finance capital expenditure are Regional Original Revenues (PAD) and General Allocation Funds (DAU). Are there funds obtained from PAD and DAU that are factors that influence the policy for the procurement of capital goods? This study will look at whether in the West Pasaman Regional this happened. The data studied were the 2012-2016 Regional Budget (APBD). The research method was quantitative associative where the hypothesis was tested by multiple linear regression. The results showed that both PAD and DAU had no significant effect. This shows that the policies of the West Pasaman Regional Government in the procurement of capital goods are not directly related to the amount of revenue from the PAD or the transfer funds in the form of DAU. Many other factors have resulted in why PAD and DAU have no significant effect on the procurement of capital, such as emergency sector financing and priorities. Keywords: Capital goods expenditure, Regional Original Revenues (PAD) and General Allocation Funds (DAU)

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 Konstitusionalitas Pemerintah Daerah dalam Menetapkan Kebijakan Lockdown pada Penananganan Covid-19

2020 ◽  
Vol 7 (5) ◽  
Author(s):  
Raines Wadi
Keyword(s):  
Final Stage ◽  
Central Government ◽  
Disease Outbreaks ◽  
Disease Outbreak ◽  
Regional Government ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
Legal Uncertainty ◽  
Regional Governments

AbstrakDisparitas kebijakan antara Pemerintah Pusat dengan Pemerintah Daerah dalam penanganan wabah penyakit Covid-19 mengalami diskursus dalam masyarakat. Diskursus tersebut dikarenakan kewenangan dalam penanganan wabah Covid-19 adalah kewenangan dari Pemerintah Pusat dan kedudukan Pemerintah Daerah hanya sebagai sub-ordinat. Namun, pada praktiknya kebijakan yang diambil oleh Pemerintah Pusat, justru menciptakan suatu ketidakpastian hukum karena tidak mengikuti mekanisme penanganan wabah penyakit sebagaimana dituangkan dalam Undang-Undang Nomor 6 Tahun 2018 tentang Karantina Kesehatan dan menciptakan suatu ketidakpastian hukum dengan menetapkan Darurat Sipil sebagai tahap akhir dan tidak sesuai dengan mekanisme kekarantinaan kesehatan dalam UU a quo. Di sisi lain, Pemerintah Daerah justru konsisten dalam penanganan wabah Covid-19 dengan menetapkan kebijakan yang sesuai dengan UU a quo yaitu menetapkan suatu Karantina Wilayah (Lockdown). Oleh karena itu, tulisan ini bertujuan mengurai konstitusionalitas dari kebijakan Lockdown yang diambil oleh Pemerintah Daerah dalam penanganan Covid-19 ditinjau dari perspektif konstitusi dan pelaksanaan otonomi daerah. Metode yang digunakan dalam tulisan ini ialah normatif-yuridis dengan pendekatan peraturan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach).Kata kunci: Otonomi Daerah, Ketidakpastian Hukum, LockdownAbstractDifferent policies between the Central Government and Regional Governments in handling the Covid-19 disease outbreak have implications for the discourse in the community. The discourse is due to the authority in handling the Covid-19 outbreak is the authority of the Central Government and the position of the Regional Government only as sub-ordinate. However, in practice the policy taken by the Central Government, in fact creates a legal uncertainty because it does not follow the mechanism for handling disease outbreaks as outlined in act of Health Quarantine and stipulates Civil Emergency as the final stage and not in accordance with the mechanism of health quarantine in the act of Health Quarantine. Therefore, this paper aims to unravel the constitutionality of the Lockdown policy adopted by the Regional Government in handling Covid-19 in terms of the perspective of the constitution and the implementation of regional autonomy. The method that used in this paper is a normative-juridical with a  statutory approach and a conceptual approach.Keywords: Regional Autonomy, Legal Uncertainty, Lockdown.

Paradoks Desentralisasi dan Kesejahteraan: Kalimantan Timur Kaya Tapi Miskin

2012 ◽  
Vol 10 (1) ◽  
pp. 17-38 ◽  
Author(s):  
Muhammad Ali Hapsah ◽  
Wawan Mas’udi
Keyword(s):  
Human Resources ◽  
Natural Resources ◽  
Central Government ◽  
Economic Potential ◽  
Regional Autonomy ◽  
East Kalimantan ◽  
Fiscal Decentralisation ◽  
The Rich ◽  
New System ◽  
Regional Governments

East Kalimantan is a province full of paradoxes. This region has considerable economic potential measured in terms of its abundant endowments of natural resources, including oil, natural gas, gold, coal and forestry. Yet, East Kalimantan still lacks infrastructure, has poor human resources and high levels of unemployment, factors that condemn much of the population to a life of poverty and hardship. The new system of regional autonomy, which has been implemented since 2001, was expected to give more benefit to the regions, as regional governments have held relatively more power and fiscal capacity. Law 22/1999, which has been revised twice, has provided more authority to regional governments to manage their respective regions. The introduction of fiscal decentralisation through Law 25/1999, further revised in Law 33/2004, has favoured regions rich in natural resources such as East Kalimantan. As it has abundant natural resources, this region has received greatly increased funds from the central government due to the implementation of sharing revenue formula generated from the exploitation of natural resources. These supposed to give more opportunities for the rich regions such East Kalimantan to accelerate regional development and bring their people to greater prosperity. Nevertheless, East Kalimantan has realized neither the objectives of regional autonomy nor the community aspirations for a more prosperous society. This paper aims to examine the extent to which regional autonomy laws have impacted people's welfare in East Kalimantan.

scholarly journals Authority of Regional Governments in Developing Investment in the Regional Investment

2019 ◽  
Vol 16 (1) ◽  
pp. 22
Author(s):  
Salle Salle ◽  
Lusiana Lusiana ◽  
La Ode Husen
Keyword(s):  
Legal Protection ◽  
Scientific Activity ◽  
Regional Government ◽  
Legal Research ◽  
Foreign Investors ◽  
Is Research ◽  
Regional Investment ◽  
Regional Governments

This research conducted with the aim of 1) To find and analyze the arrangements for the entry of foreign investors in investment in Indonesia, and 2) To find, analyze and develop the authority of the Regional Government in developing investments in regional investment. Legal research is a scientific activity, which is based on certain methods, systematics and thoughts that aim to learn something or some symptoms of a particular law, by analyzing it. In this case the research conducted by the author is research on legal protection of foreign investors in investment according to the Indonesian system.

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