Authority Of Regional Governments In Establishing Regional Regulations Relating To The Field Of Community Welfare Prasista Maolana University of Muhammadiyah Surabaya E-mail Corespondent: greenschoolmg@gmail.
Article Abstract Article History Received: Jun 03, 2022.
Review: Dec 26, 2022.
Accepted: Dec 29, 2022.
Published: Dec 29, 2022 Research regional aims to produce regulations that responsive in support implementation of This So implementation autonomy regional does rise problems new that can hinder .
development growth to of the that In research law used several among approaches ,others .
approach primary legislation Law No.
32 Year 2004 concerning Autonomy Regional and Law i12 Year i2011 concerning formation legislation iOr iapproach ianother iis being iapproached iin ian icase iapproach ihistorical iapproach icomparative iand iapproach iconceptual iLocal government idistrict iin iin i, irunning ,government ,has iauthority ilegislative isame time iauthority iexecutive.
iAuthority ilegislative igovernment iregional iregency ias ione iof iinstitutions iforming iregulations iregional iregency imust icarried out ibased on iprinciples iformation iregulations ilegislation, iprinciples imaterial icontent iattention ilimitation iscope imaterial icontent ito iregulation iarea iregency iand inot iconflict iwith iinterest ipublic or iwhich iregulation ilegislation ,is ,do hierarchical iis higher.
Authority iexecutive igovernment iregion iregency ione iwhich iis iimplement iregulations iregion .
regency iRegulation iarea idistrict ihas irole _important ifor igovernment iregion idistrict iin iadministering iaffairs igovernment iarea idistrict irelated ito iadministration iwelfare ifor region an Keywords: legislation, authority, carried CopyrightA2022 JSIL.
All rights reserved.
INTRODUCTION
Authority form Perda is one of forms independence regional in regulating affairs household the regional or .
affairs government The Perda is instrumentia strategic as means of of the In context _autonomy regional ,existence ,the of ,principle plays .
encouraging decentralization a the From point view empowerment political objectives decentralization can seen from ,two the namely government central be of the purpose decentralization from side government regional is to realize political ,equality local .
accountability the of The Meanwhile, objectives decentralization from side government central are to realize political education ,provide training political political leadership i create of the of the The existence Regulation Region in UUD i1945 before amended was not known so regulation Region marginalized that arrangement arrangement .
regulation legislation ,was After the Constitution i1945, existence Regulation Regional has confirmed constitutionally stated as Vol.
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which amendment the Government Regional right stipulate regulations regional and regulations other to carry out autonomy and .
tasks the As ia basis main authority DPR in propose Draft Law contained in provision Article i20 paragraph, states, that Dewan Representative People holds power form laws.
Furthermore, reaffirmed further in Article 21 stating, i of the DPR ii i's right .
submit proposals draft the enactment Law _Number i12 Year 2011 has made basis which very important in making regulations legislation because it show is The Requirements to authority from makers regulations legislation.
necessity there is conformity form or type regulation legislation with material is regulated especially if ordered regulation level higher is or .
must follow procedures .
must not conflict with regulation legislation which higher level is i Law Number 12 Year 2011 concerning Establishment Regulations Legislation.
Article i39 states that Planning preparation Regulations Regional Regency/Municipal carried out in Prolegda Regency/City.
In article suggest that DPRD has role important in drafting regulations this Program Legislation Region i(Prolegda as referred previously compiled jointly by DPRD and Government Regional which set for period year one is to.
Prolegda is a instrument planning program formation Regulation Regional which compiled in planning and systematic way according scale priority to is Regulation Regional Perda is instrument in implementation autonomy regional to determine direction policy of development region the a.
However, iin development of practice autonomy regional issues by issues arise regarding to stipulation and implementation of regulation, the then government central overwhelmed for carry out supervision to cancellation.
Perda is product regional which unique because produced from a process which dominated interests political local is and levies area which burdensome investors regulation considered is cause problems economic costs high which impact economic growth both and local national to So that are many Governments Regional who take advantage opportunities increase to through of i II.
PROBLEM FORMULATION
Based above description background background problem above problem formulated studied as the on How Principles Formation Perda to related related field of are i How Concept Formation Perda which can support Autonomy Regional especially in field welfare ?of i.
RESEARCH METHODS
This research is using a normative type of research with a statutory approach.
Normative Vol.
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(Irwan.
IV.
RESULTS AND DISCUSSIONS
The authority in DPR Representatives People/Regions iin iformation of iRegulations ilaws and regulations not ibe iseparated ifrom iaspects ilaw .
administration istate iElement iauthority iis always iassociated iwith ielement/element iAuauthorityAy ior iAupositionAy ior iAuposition iby ibecause iusage iin iof imust bedistinguished ,between that Ayresponsibility position, iprinciple iresponsibility ipersonal.
iIn isense _that iresponsibility iposition imust idistinguished _from the be iIn ilaw, iauthority irelates ito ipower3.
Power ihas imeaning iwhich is lto i, ibecause ipower iis iowned iby iexecutive ilegislative, ijudicial iis .
power i iPower iconstitutes ielement iessential iof ian istate iin iprocess iadministration of igovernment iin iaddition to ielements i, inamely: i.
iauthority i.
iconservation iand i.
ivirtue i.
iPower iis the icore iof iadministration of icountry iso that icountry iin istate imoves i.
e istaat ibeweging .
iso that icountry ican itake ipart, iwork ,capacity ,achievers, iand iperform iserve icitizens.
iTherefore.
State imust .
given bepower iPower iaccording iMiriam iBudiardjo iis iability iperson _or igroup ipeople ihuman ito iinfluence _behavior i_person ior igroup iother isuch ithat _behavior iof aof tto icorresponds iwith idesire iand idestination iof iperson ior icountry5.
iPower imakes iregulations ilegislation ialso iis ipower iattached iattribute _to ibi ilegislature ias irepresentative iall ipeople iwho iare iin iin _field ilaw ipublic.
iOne iof ipowers iorgan istate iis iauthority .
DPR Ito the lorl/ sof tof iauthority iattributive iis i, ibecause igiven iby iUUD i1945 ifor iDPR iand iLaw iLaw iNumber i32 iYear i2004 iconcerning iGovernment .
Regional DPRD sThis itherefore iits ,must _use _be icarried ibased ion iprinciple ior iprinciple iaccountability, iprinciple itransparency iso ireally sto .
it that which ,out iIn relation ito ithe formation of iPerda iauthority iowned iby iDPRD iis iauthority iattributive ,because iauthority iis igranted iby ilaw particular iLaw iUndnag ,Number.
Year i2004 iconcerning iGovernment iRegional.
iauthority iPerda icourse inot ,be iseparated ifrom _authority _which _owned iby _executive _because ijointly only ican aformed .
be ,DPR the ,of that can iTherefore ian, relationship ibetween itwo iinstitutions iprosu icalled ias irelationship ipartnership ino ithere iwas iPerda iDPRD iwhich iformed iby iwithout ,withnis isthese iGovernment, ei tis ino iDPRD iwithout .
If irefers ito itheory _authority ias idescribed iabove, ithen iin isystem iconstitutional ,Indonesian iauthority iformation iPerda inot inlie iof ipower iDPRD ,but are iin ipower itwo iinstitutions ior itwo iorgan iat once, inamely iin iauthority iDPRD iand iGovernment .
Regional iBecause idoes not tothe ii iform Government iwhich ionly icarried tby .
DPRD thave authority iTheoretically ithe idesignation ilegislature ito iDPR/D, iif irefers ito iteachings iTrias iPolitics isactually eless iprecise, ei iwith iwith iauthority iformation ilaws rin iPerda, ialways ithe formation of which ini ithe itwo iinstitutions/ iorgans .
is iQuoting iopinion iH.
iStout, iauthority iis iunderstanding iwhich icomes ifrom ilaw iorganization igovernment iwhich ican iexplain ias iwhole irules ,agas iwith iacquisition iand iuse iauthority igovernment iby isubject ilaw ilaw ipublic iin iin irelation iof .
public iAccording to iBagir iManan, iauthority iin ilanguage ilaw iis not isame ias .
ipower ionly idescribes iright ito ido ior inot .
do iIn ilaw, iauthority isame time imeans irights iand iobligations i.
iIn irelation ito iautonomy Vol.
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imanage iown (, iwhile iobligation ihorizontally izeljbesturen )means ipower ifor iorganize igovernment ias ishould.
iVertical imeans ipower ito irun _government iin ione iorder igovernment istate ias iwhole .
CONCLUSION
From ithe description iabove iin idiscussing iformation iregulations iregional ifound iconcept ithat ito isupport iimplementation iautonomy ,regional iin idesign iregulations of must to the following matters ian i:
The of Perda must through Procedure which has determined of formation .
regulations go The formation regulations regional good be must based ion principles formation regulations laws that not the from of ,regulations will of regulations the involve element of society so that conforms to the will .
The role the Regulations very of to the of the Regional for of of, time the Regulations that been .
existence Perda not be the from order system ilegal, because regulations regional included the hierarchy regulations .
legislation are Indonesian of The Before to at level discussion ,should government _provide _space consultation so can minimize occurrence regulations that the Vol.
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BIBLIOGRAPHY