Abstract
Discretion under normal circumstances it would be very useful in a wide range of government activity to fill the void the policy. Also, regulations give freedom to State officials to be able to act on their own initiative. However, as it turns out into practice, such legal issues are clearly very dangerous for local governments implementing innovative policies for regional progress. This research focuses on the analysis study of a discretion authority of regional government in making local government innovation policies. The research is a normative-legal research using a statute, case, and conceptual approaches; it is a reform-oriented research. The results show that the essence of discretionary power is free-power that no longer exercised by following the consideration of rules and regulations. Discretionary power holders in acting do not need to underlie the law strictly because it is an exception then discretionary power can only be used casually or contextually. Discretion reflects the idea of the constitutional State, then the action of discretion by State officials in the framework of innovative policy efforts is actually a moral manifestation of State’ responsibility. An ideal model of discretionary policy for innovation programs in local government can be said as a description of the basic system of implementing discretion for policies that are innovative, where the legal actions taken by local governments are based on an ideal principle. This model is not structural or hierarchical in nature, but a unified whole with each basic element having the same strengths and interests, so that all elements are bound together with strengths and positions, both from elements of the constitutional values and integrated collaboration. Keywords: Discretion; Decentralization; Innovation; Local Government; Legal Policy DOI: 10.7176/JLPG/97-05 Publication date: May 31 st 2020
Highlights
As well Jembrana regent, I Gusti Winasa who tried an innovation policy by creating a streamlined and efficient regional apparatus structure so as to be able to utilize the small amount of the Regional Budget for free services in health and education, but he was caught in a corruption case of factory construction procurement and was sentenced to for 7 years
This research focuses on the analysis study of a discretion authority of regional government in making local government innovation policies
This paper show that there are at least 3 main points in relation to institutional capacity issues in the context of improving the performance of the implementation of local government, for an innovative policy effort, it can be done, the first is regulative systems, there must be regulatory certainty in its implementation, the second is normative systems, as values needed for both leaders and implementer of technical services so that innovation goals can be achieved, and the third is cultural-cognitive systems, organizational culture is creating good habits of people in the organization to support the realization of innovative policy goals
Summary
Indonesia is a constitutional State. 1 Law-based government will give the guarantee of people’s basic rights protection so that the interest sides for the government that exercising State power and peoples as subjects of the State’ proprietor can always be in accordance or in line. the submission of the concept of the constitutional State as one of the legal foundations of governance plays a very important role as a corridor for government actions and serves as a basic reference and benchmark for evaluating governance.. On the pretext of a policy that is destined for the benefit, sometimes the policy beyond the authority set by the law For this reason, public control is needed over a series of actions by government officials or State administrative equipment in running clean and authoritative. As well Jembrana regent, I Gusti Winasa who tried an innovation policy by creating a streamlined and efficient regional apparatus structure so as to be able to utilize the small amount of the Regional Budget for free services in health and education, but he was caught in a corruption case of factory construction procurement and was sentenced to for 7 years.5 Likewise, with the former Governor of DKI Jakarta, Basuki Tjahaja Purnama, who issued a policy by asking developers to add contributions as a condition for continuing the reclamation project which is used for welfare programs, such as for the provision of flats for poor people. The authors used the qualitative research method, which (in general) generates words rather than numbers as data for analysis. This research focuses on the analysis study of a discretion authority of regional government in making local government innovation policies
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