Abstract
As it stated in the considering provision of Law number 32 year 2004 on Local government that “regional administration aimed to accelerate the realization of public welfare through improvement, services, empowerment, and community involvement, as well as enhancing regional competitiveness with underlined to the principles of democracy, equality, justice, privilege and specificity of a region within the system of the Republic of Indonesia”. To realize these goals, cooperation between local governments is needed, it is given that many regional affairs cannot be done by themselves unless in cooperation with other local governments. According to existing legal regulation, the inter-regional government cooperation is stated in various legal forms. Article 195 of Law Number 32 year 2004 choose Joint Decree as the legal form of inter-regional cooperation, while article 5 of the Government Regulation Number 50 year 2007 regarding Local Cooperation establish the cooperation in the form of Agreement. Besides those two legal form of inter-regional cooperation, Ministerial Regulation No. 22 of 2009 on the Technical procedure on inter-regional cooperation stipulate “memorandum of understanding” as form of understanding between two parties before the agreement is signed. Memorandum of understanding and agreement as the legal form of the inter-regional government cooperation is not recognized as legislation product of local government as it promulgated in Article 3 of Ministerial Regulation No. 53 of 2011 on the Establishment of the Regional Legislation Products. This paper aimed to identify the legal form of inter regional cooperation, such legal form is an important to bring legality principle for government action in creating cooperation.
Highlights
In its effort to escalate public welfare, the regional government can undertake cooperation between regional governments or third parties
S Pamudji argue that scope of cooperation related with two sides, namely “government matters that includes domestic affairs and madebewind matters”. 3 explanation of the PP No 50/2007 promulgated that Regional cooperation is an instrument to tighten the relationship between region with others in the framework of Unitary State Republic Indonesia, coordinate local development, harmonizing potention between regions and/or with third parties and increase transfer of knowledge and local capacity
It is inline with Tatiek Sri Djatmiati, who ague that: “Cooperation can be done between government with business party and/or among government, either in same level of government or different level such as Provincial with district/cities.”28 This separation need to be done regarding that provisions on legality and time frame of contract is different in those two types of contract
Summary
In its effort to escalate public welfare, the regional government can undertake cooperation between regional governments or third parties. Jurnal Hukum Internasional of inter-regional government is government matters that has become its authority as autonomous region and could be related to provision of public service.” This Article inline with Tjahjanulin Domai argment that “regional government matters that can be used as object of interregional government cooperation is the authority in managing local asset and potention as well as serves public need. The implementation of such cooperation must uphold efficient, effectivity, synergy, mutually beneficial, mutual agreement, good faith, equality, transparency, justice and legal certainty”. Based on civil law or public law is an agreement, which cannot released from legal charater of private law, though on this agreement projectontwikkelingsovereenkomst almost all of it conduct by government agency or authorized person”.7
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