Abstract

This study aims to analyze and find the ideal legal design of the relationship of authority between the central and regional governments in order to strengthen synergy in public services. In essence, the granting of autonomy to the regions is directed at accelerating the realization of public welfare, through the implementation of government affairs. Concurrent government affairs as stipulated in Law no. 23/2014, is a governmental affair that is divided between the central government, provincial government and district/city governments. In practice, when problems occur in the implementation of concurrent affairs which fall under the central authority, the regional government is in a powerless position. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results of this study indicate that: the absence of a legal instrument that accommodates and bridges central and regional authorities causes problems that occur in the community to continue and do not immediately find solutions. It is necessary to have legal instruments in the form of government regula-tions in bridging the authority of the central and regional governments to build synergy in public services, especially to resolve conflicts that occur in society so that government administration can run effectively.

Highlights

  • The State of Indonesia is a unitary state in the form of a republic, this is expressly regulated in Article 1 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia

  • The position of the regional government which is under the coordinates of the central government, makes the regional government in a powerless position when faced with problems that are concurrent affairs which fall under the authority of the central government

  • The synergy between the central government and local governments in this case is very important, namely because both local and central government have the same ultimate goal, namely the welfare of the community, and the existence of decentralization is due to the lack of a centralized system

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Summary

Introduction

The State of Indonesia is a unitary state in the form of a republic, this is expressly regulated in Article 1 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia (hereinafter abbreviated to the 1945 Constitution). The regions are divided into several provinces, districts and cities, where each region has a regional government. Regional government in carrying out its duties is based on the principle of autonomy in accordance with Article 18 Paragraph (2) of the 1945 Constitution. The basis for the implementation of regional autonomy in Indonesia according to the 1945 Constitution there are two basic values developed, namely, the unitary value and the value of decentralization. The basic values of the unitary are manifested in the view that Indonesia will not have another governmental unit within it which is a State, meaning that the sovereignty inherent in the people, nation and State of the Republic of Indonesia will not be divided among regional or local government units. The basic value of decentralization is manifested by the formation of an autonomous region and the transfer of authority to carry out government affairs that have been assigned or recognized as the domain of the households of the autonomous region (Tim, 2011)

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