Making Model of Village Regulation based on Good Village Governance in Indonesia

Abstract

In Article 1, Sub-Article 7, Act Number 6 2014 on Villages, it said that Village Regulation is a regulation stipulated by Urban Village Head after being discussed and agreed with Village Consultative Body. The determination of Village Regulation is an elaboration of various authorities which are owned by Village which refers to provisions of higher legislation. As a legal product, Village Regulation should not conflict with higher regulations and should not harm public interest, or general interest as mentioned in Act Number 6 2014 on Villages which are: a. disruption of communal harmony; b. disruptionof access to public services; c. disruption of public order and tranquillity; d. disruption of economic activities to improve welfare of village communities; and e. discrimination against tribe, religion, belief, race, intergroup, and gender. Village Regulations govern village based on right of and village local-scale a thority. The implementation is supervised by village communities and Village Consultative Body. It is intended to make implementation of Village Regulation always monitored continuously by local villagers because village regulations are set for benefit of village community as a whole. The provisions on right of are explained as the right of origin which is a living legacy and initiative of village or initiative of village’s society in accordance with development of community life, including indigenous peoples' organisational systems, institutions, customary law, ground of village’s treasury, and agreements in village life as well. The meaning of village-scale local authority is to regulate and manage interests of village community that has is conducted by village, is able and effective when conducted by village or what has arisen because of development of village and village community, such as boat moorin s, village market, public baths, irrigation canals, environmental sanitation, preand postnatal health care and information, art and learning centres, and village libraries, village retention basins, and village roads. In context of good village governance, village regulations should reflect: 1) Participation; 2) Law enforcement (rule of law); 3) Transparency; 4) Responsive; 5) Consensus orientation; 6) Equity; 6) Effectiveness and efficiency and 7) Accountability and strategic vision. The ways and mechanisms for formulation of village regulations that reflect principles of good village governance will be explained futher in this study, in pre-establishment stage, establishment stage, and post-establishment stage of village regulations.