Constitutionalism of Deconcentration Arrangements in Law Number 23 Year 2014 Concerning Regional Government
Journal: International Journal of Scientific Engineering and Science (Vol.3, No. 3)Publication Date: 2019-04-15
Authors : Suhariningsih Abdul Rahmat Budiono Iwan Permadi Firmansyah Lumban Tobing;
Page : 34-40
Keywords : Deconcentration; regional government; autonomous region; constitution; centralized; decentralized.;
Abstract
The regulation on deconcentration contained in Law Number 23 of 2014 (hereinafter referred to as Law No. 23 of 2014) which is a change from Law Number 32 Year 2004 concerning Regional Government This research is focused on analyzing the existence of deconcentration arrangements that apply to regency regions and the City based on Law No. 23 of 2014 where previously deconcentration was only applied to the Province. At present, the position of the Regency and City is not only an Autonomous Region which has the authority to regulate the affairs that exist in its area, but also as an administrative area that can carry out delegation of authority from the Central Government. Meanwhile, when viewed from its constitutional basis, the provisions of Articles 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution of the Republic of Indonesia) do not regulate matters concerning deconcentration. In addition, with the re-strengthening of the regulation regarding deconcentration, the existence of Law No. 23 of 2014 is considered to be a centralized pattern. The approach used is in the form of approaches: historical, conceptual, statutory and philosophical. This study uses primary, secondary and tertiary legal materials. Meanwhile, analysis of the subject matter and legal material was carried out in a descriptive analytic manner. The results of this study indicate that deconcentration in its implementation can be juxtaposed with decentralization, even the existence of deconcentration complements the existence of decentralization and co-administration tasks. Deconcentration can be used to organize Central Government affairs in the regions which also aim to supervise, supervise and strengthen the Republic of Indonesia. In addition, deconcentration arrangements relate to the unity and unity of the state, which is the responsibility of the Central Government and Regional Government as part of the Republic of Indonesia.
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Last modified: 2019-04-26 21:08:10