Karya Ilmiah
DISERTASI (137) - Prinsip Pemerintahan Desa Dalam Sistem Pemerintahan Negara Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2014 Tentang Desa
ABSTRACT
The Principles of Village Administration in the System of State Government after the Enactment of Law Number 6 Year 2014 on Village
Yok Sunaryo, S.H., M.H.
The development of system of government in Indonesia has caused paradigm shifts in governance in the context of regional establishment and community empowering. This makes Indonesia as a unitary state that is based on decentralization principle that provides opportunity and flexibility to regions to organize regional autonomy, including the system of village administration. This research uses statute approach, historical approach, and conceptual approach. The Ratio Legis of Providing Authority to Village Administration in the Implementation of Village Autonomy, in this context is providing authority to village administration, providing authority to village to have rights of the origin and traditional rights in regulating and managing the interests of local community in the village. The village authority based on the Law Number 6 Year 2014 includes: the authority based on the rights of origin, the village scaled local authority, the authority that is assigned by the government, provincial government or district/city government and other authorities. The principles of the establishment of village regulation after the enactment of Laws Number 6 Year 2014 on Village consist of recognition, subsidiary, diversity, unity, mutual cooperation, kinship, deliberation, democracy, independence, participation, equality, empowerment, and sustainability. In general, principle or principles contained in the Law Number 6 Year 2014 becomes the basis of the implementation of village administration system, the implementation of village development, rural community development and village empowerment based on Pancasila and the 1945 Constitution. It is suggested that the authority on villages that have rights of origin and traditional rights must be free from the interference of district or city government. The regulation on the implementation of some Articles in Village Law and the arrangement of some legislation that coherent with the principles especially the formation of traditional village should be made as soon as possible.
Key Word: The System of Village Administration, The Unitary State of the Republic of Indonesia, Village.
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