Position on The Village Head in Indonesia Law

The exact definition of “administration” term is not clear yet, and still in discussion among the scholars. Administration is a term which is derived and translated from administratie (Duch), or administration (English). Those are actually derived from the Latin "Administrate" which means "to serve", in the Indonesian language it means “melayani” or “mengabdi.” In the implementation of the government is the activities undertaken to achieve the set up goals by State’s authorized officer in advance. This position administratively conducts government activities, therefore this position in the Law of the State Administration can be classified into administrative positions or can be referred to as the State Administration. It is of the government apparatus (at central or local levels) that govern the administration. In the contrary of the terms used in the positive law was on Act No. 5 year of 1986 regarding the State Administrative Court does not use the term Administration of the State, but the term Tata Usaha of the State, although the terms contained State Administration terminology. This is as defined in Article 1, sub 1 of Act No. 5 of 1986, which said the authorized officer of State’s Tata Usaha who performs the function to conduct the affairs of government both at central and regional levels is the Government’s official of administration, as it is confirmed by Article 1, sub 2, which said Board or Administrative Officer is the agency or officials who carry out the affairs of government based on applicable laws and regulations, then how when connected to the government Administration of village, especially from the position of village head. Village head as the village authorized official has an authority in running the affairs of government, either under the authority of the village administration and affairs of the district/city. And besides that it also performs the task of assistance from the Government, the provincial and/ or the district/ city. Therefore, his position as Acting Head of the authorized official of State Administration, as it is regulated in Article 204 of Act No. 32 Year of 2004 and Article 14 of Government Regulation No. 72 of 2005 and in line with expert opinion both E.Utrecht, Prayudi A, and Sjahran Basah. However, in contrast to what is regulated in the provisions of Article 1 sub 1 and 2 of Act No. 5 of 1986, which provides that the State Administrative Officials should the employment of government’official. Therefore it occurs disharmony to the meaning of State Administration, it should ideally be done Revitalization to the Act Number 5 Year 1986.