Forming a Responsive Local Law in the National Legal Framework

This research uses normative legal research which mostly uses international journal literature. This will make writing more comprehensive and up to date information. The regional authority is attributively regulated in Article 18 paragraph (6) of the 1945 Constitution of the Republic of Indonesia in conjunction / juncto with Article 236 paragraph (1) of Law Number 23 of 2014 concerning Regional Government. Based on these two provisions, autonomous regions are authorized to form Regional Regulations in the context of implementing regional autonomy and co-administration tasks. Related to this, Philipus M Hadjon stated that regional autonomy is the authority to form authority arrangements and the formation of principles, as well as procedures for carrying them out. Autonomous regions are given the authority to regulate in the form of Regional Regulations which function as the basis for the implementation of autonomy.

A regional head election’s political corruption and new styles of clientelism

Intense competition in the regional head election (Pilkada) has implications for the increasing costs that candidates have to prepare to win the competition. The high cost in the regional head election makes many regional heads, when elected, commit political corruption and practices that are more adapted to the situation, namely the new styles of clientelism. This study aims to determine the shift in the relationship between political corruption and clientelism and to see new forms of clientelism. The approach used in this research was a literature study. Documents were selected using an application from the Publish or Perish database. The results of this study indicate that first, the power of money in politics in Indonesia creates a significant dependence on economic power, which influences a high level of political corruption. Second, there are two new styles of clientelism, including buying and selling votes and patronage in the bureaucracy. This paper concludes that the various modes of political corruption and new styles of clientelism that occur underline political vulnerabilities at the local level due to the broad elaboration of regional authority discretion.

Pengungkapan Laporan Keuangan Pemerintah Daerah Dan Indeks Persepsi Korupsi : A Preliminary Study

The regional authority to manage its own finances often results in acts of abuse of authority that lead to corruption. There is a possibility caused by the quality of local government financial statements disclosures is not yet good. This study aims to examine the relationship between the local government financial statements disclosure level with the corruption perception index. The research population used in this study were cities that were surveyed for corruption perceptions in 2015 and 2017, which are: Medan; Padang; Pekanbaru; Bandung; Semarang; Surabaya; Pontianak; Banjarmasin; Balikpapan; Manado; and Makassar. The results of this study show that regions with a low corruption index tend to have high levels of disclosure. This happens because the public is not always be able to monitor the behavior of government officials and there is a possibility that the financial statements are modified by some unscrupulous individuals to make it get unqualified opinion. Kewenangan daerah dalam mengelola keuangannya sendiri sering kali menimbulkan tindak penyalahgunaan kekuasaan yang berujung pada korupsi. Ada kemungkinan hal tersebut disebabkan karena kualitas pengungkapan laporan keuangan daerah yang belum baik. Penelitian ini bertujuan untuk meneliti hubungan tingkat pengungkapan laporan keuangan pemerintah daerah dengan indeks persepsi korupsi. Populasi penelitian yang digunakan dalam penelitian ini adalah kota-kota yang menjadi survei persepsi korupsi tahun 2015 dan 2017, yaitu: Medan; Padang; Pekanbaru; Bandung; Semarang; Surabaya; Pontianak; Banjarmasin; Balikpapan; Manado; dan Makassar. Hasil dari penelitian ini menunjukan bahwa daerah yang memiliki Indeks Persepsi Korupsi rendah cenderung memiliki tingkat pengungkapan tinggi. Hal ini terjadi karena masyarakat tidak selalu bisa mengawasi perilaku pejabat pemerintah dan ada kemungkinan laporan keuangan dimodifikasi oleh oknum agar mendapat opini wajar

Policy-Making in Multi-Level Systems: Ideology, Authority, and Education

Most political systems consist of multiple layers. While this fact is widely acknowledged, we know surprisingly little about its implications for policy-making. Most comparative studies still focus exclusively on the national level. We posit that both “methodological nationalism” and “methodological subnationalism” should be avoided. We argue instead that in multilevel systems national and subnational governments jointly affect policy-making. Their respective influence is, however, conditional on the distribution of policy authority. Moreover, we identify power asymmetries, as subnational governments hardly affect policy-making in centralized systems whereas national governments shape subnational policy-making even in decentralized polities. Empirically, we study the case of education policy. Novel data on regional education spending, regional and national governments’ ideology, and regional authority over education in 282 regions in 15 countries over 21 years reveals strong support for the interplay between ideology and the distribution of authority across levels. We conclude by sketching a resulting research agenda.

Coal Business and Local Political Dynamics

Coal is not just economic goods, but also political "stuff". As economic goods, coal is one form of naturalwealth of Indonesia which became the object of business because it has a high selling value. In a number ofareas in Kalimantan and Sumatra, investment activities are based on natural resources, in general coal. Thisstudy attempts to answer three questions. Firstly, is the regional authority in mining business licensingconsistent in formal procedures or are there also informal procedures? Secondly, whose interests areprimary in coal-based investment activities in Tanah Bumbu? Thirdly, how is the involvement of coal mineoperators in the political process, especially the 2005 and 2010 elections in Tanah Bumbu District followingthe implications in the context of local power?

MODEL KELEMBAGAAN DAN PERENCANAAN PADA KERJASAMA TATA GUNA LAHAN (BANDA ACEH – ACEH BESAR)

The increasing growth of the city of Banda Aceh, the more it requires urban space to grow. The rapid development of the city of Banda Aceh has an impact on the border area of the administration of the Aceh Besar District. Collaboration between regions with Aceh Besar District can be an alternative to address the problem of limited land in Banda Aceh City in addition to regional expansion policies. The aim of the study was to formulate an institutional and planning model for the collaboration between the comprehensive Banda Aceh – Aceh Besar. This research is a descriptive study using a combination research method and spatial synergism analysis approach. Processing data using the AHP (Analytical Hierarchy Process) methodThe results of the research are based on the perceptions of expert respondents in the Banda Aceh and Aceh Besar District areas, in accordance with AHP analysis. It can be concluded that the main cooperation barrier in forming cooperation is regional authority with the form of cooperation chosen to accommodate the cooperation process of Cooperation Agency of Banda Aceh city - Aceh Besar District. The Banda Aceh City - Aceh Besar District cooperation agency is an organization in the form of an institution consisting of representatives from Banda Aceh City and Aceh Besar District. Furthermore, the direction of the development plan for land use cooperation was carried out in three sub-districts of Aceh Besar District, namely Krueng Barona Jaya District, Ingin Jaya District, and Darul Imarah District with three land use classifications, namely, housing, trade and services.

Politica of Criminal Law; The Importance of Revision of Mineral and Coal Law: Who Is Benefitted

Minerals and coal are state owned assets that need to used wisely, although the People's Representative Council (DPR) is yet to ratify them for the 2020-2025 period during the COVID-19 pandemic that has ravaged the world, including Indonesia. The review of the Mineral and Coal has caused many draw backs because it does not follow the principle of balancing and sharing regional authority. This study discusses the principle of strict liability as stipulated in Law No. 3/2020 by examining the urgency for changes and who will benefit from the revision. Doctrinal research was used for analyzing the politics of criminal Law in the Mineral and Coal, both before and in its amendments. Furthermore, Law No. 4/2009 ensnares many people that carry out illegal mining because the mechanism and procedure for the popular Mining license is the same with the mining license of the companies. The content of the amendments to the Mineral and Coal only regulates the sale of 51% foreign shares, but from a criminal perspective and nominalization of criminal fines and the reduction of prison sentence, it can be seen that the new criminal concept does not have a significant meaning for business corporations, as the suspects so far have been people that have been mining in the form of community mining.

Pajak Daerah dan Restribusi Daerah (PDRD) Dikaitkan dengan Pertumbuhan Investasi

Tax has a very important role in the life of the country, especially in the implementation of development. Tax revenue is the payment of contributions by the people to the government that are regulated in the law without direct compensation. As is the case with central government taxes, Regional Taxes have an important role in implementing state/government functions, both in the functions of regulation, budgeting, redistributive, and allocation of resources and a combination of the four. A good local tax in principle must provide adequate income for regions with the level of fiscal autonomy they have. Some regions do accommodate the function of revenue and regulation in the formulation of Regional Tax policies. The step that has not been widely considered by the regions is the provision of Regional Tax incentives to attract investment in the regions. In the current era of regional autonomy, regions are given greater authority to regulate and manage their own households. The aim is to bring government services closer to the community. Anyway, President Joko Widodo often complained about the small value of investment coming into Indonesia, one of which is caused by the irrationality of the Regional Tax rates in the eyes of investors. This paper analyzes what policies the government has taken towards PDRD, which are considered to have many of these problems to increase investment growth in Indonesia. To overcome this, the government has made several efforts, one of which is to establish the Omnibus Law. However, the formation of the Omnibus Law itself actually unwittingly has the potential to erode the regional authority to look for sources of locally-generated revenue (PAD). If PAD is reduced, automatically the level of regional dependence on funds from the central government will be even greater, and if PAD is low, then the level of local government public service to the community is also feared to be reduced.