Regional Autonomy In Indonesia Research Articles

Decentralization of Power: Opportunities and Challenges for Regions

Focuses on the opportunities and challenges faced by regions in implementing regional autonomy in Indonesia. Decentralization, which is regulated in Article 18 of the 1945 Constitution and clarified through Law Number 23 of 2014 concerning Regional Government, gives regional governments the authority to manage local affairs in the hope of increasing government efficiency and bringing public services closer to the community. However, its implementation faces a number of challenges, such as gaps in human resource capacity, disparities in development between regions, and coordination problems between the central and regional governments. This article uses a normative legal approach to explore how decentralization of power works within the framework of the Unitary State of the Republic of Indonesia (NKRI), and identifies the opportunities offered by regional autonomy to encourage more equitable development. This study emphasizes the importance of strengthening regional capacity, harmonizing central-regional policies, and effective supervision from the central government to ensure that decentralization can truly bring the expected benefits.

Regional financial potential after the enactment of the law on the financial relations between central government and regional governments in Indonesia

The implementation of government decentralization in Indonesia is facing regulatory problems for autonomous regions’ financing sources. Therefore, attention to regional finance is increasingly needed given that autonomous regions are required to carry out various central government interests in addition to their affairs. This leads to a split of power over financing development policy by the regional government. However, this does not mean that the local government’s financial needs must be free from the central government’s intervention. This study briefly compares financing regional autonomy in Indonesia, France, Germany and Thailand. The results show that the distribution of financial resources between the central government and regional governments is inconsistent with Article 18A section 2 of Law No.1/2022. The results also show that the provisions of various sources of taxation and levy have not met the financial needs of regions in Indonesia. Financial balance in the form of Natural Resources Production Sharing Fund from various natural resources owned by regions that only share unrenewable resources such as mining excavated materials remains unequally distributed between regions that have natural resources.

Determinant of Local Government Performance Based on the SDG (Indonesian Evidence)

Objective: The purpose of this study is to ascertain how report quality, e-government, and accountability affect local governments' financial performance both inside and outside of Java. Theoretical Framework: When implementing regional autonomy in Indonesia, it is necessary to take into account the issue of disparities in the financial performance of regional governments within and outside of Java. The financial performance of local governments is anticipated to increase with the introduction of e-government, accountability, and high-quality financial reports. Method: From 2021 to 2022, the study was carried out on all local governments in Indonesia. The Ministry of Home Affairs database, the official websites of local governments, and the financial audit agency's official website were the sources of the data. Panel data regression was used to analyze the data. Results and Discussion: According to the study's findings, local governments' financial performance both inside and outside of Java was unaffected by accountability. The financial performance of governments on the island of Java is positively impacted by e-government, whereas governments outside of Java experience negative effects. Both inside and outside of Java, regional governments' financial performance is unaffected by the caliber of their financial reports. Research Implications: The study's findings can be used as a guide when formulating policies to raise of local government financial performance. Originality/Value: This is one of the few studies that compares the local governments' financial performance within and outside of Java Island, Indonesia.

The Role of Financial and Non-financial Performance of Local Governments in Enhancing Regional Autonomy in Indonesia

The Role of Financial and Non-financial Performance of Local Governments in Enhancing Regional Autonomy in Indonesia

Regional Autonomy in Indonesia after the Second Constitutional Amendment: Assessing its Developmental Delivery

Regional Autonomy in Indonesia after the Second Constitutional Amendment: Assessing its Developmental Delivery

Optimization of Institutional Roles Based on Regional Leadership Commitment (A Case Study in Garut Regency)

The policy of decentralization and regional autonomy in Indonesia aims to promote regional development by granting authority to regions to administer governance and development. However, the implementation of this policy still faces various challenges, including limited community involvement, low cooperation among regional governments, as well as constraints in regional capacity and finances. This research aims to optimize the role of regional institutions in regional development, focusing on five districts in Garut Regency. The research method used is qualitative with descriptive analysis, aiming to comprehensively describe the role of regional institutions in regional development. The findings of this research conclude that regional governance in Indonesia has undergone significant changes after implementing decentralization. Sub-districts, previously considered ordinary regional entities, have now become more significant entities within the framework of regional governance. This change reflects efforts to provide greater autonomy to regions in managing local governance and development affairs. Thus, sub-districts play a more proactive role in formulating policies, managing resources, and advancing development at the local level. However, these changes also bring implications such as potential conflicts among institutions and challenges in optimizing the effectiveness of regional governance as a whole. The optimal effectiveness of institutions will function well when there is strong commitment from regional leaders to ensure that these changes align with the goals of regional development and the interests of the communities they serve.

Paying Attention to Privileges: Comparison of the Special Laws of Yogyakarta and Aceh from a Legal and Constitutional Perspective

<em>This research aims to take an in-depth approach to examine the comparison between the implementation of the Yogyakarta and Aceh Special Laws from a Legal and Constitutional Perspective. The main focus is on implementing the two laws and how the unique aspects contained therein are reflected in practice. The research method used is comparative law as the primary basis, focusing on the Special Laws of Yogyakarta and Aceh in the Legal and Constitutional Perspective. Research data was obtained through a comprehensive literature study and analysis of relevant legal documents, including the texts of laws, government regulations and court decisions relating to the two provinces. After collecting the data, an analytical approach uses the legal and constitutional framework as a guide. The research results show that this comparison involves research into the history of the formation and legislative background of the Special Laws, the particular scope provided, and the implementation mechanisms stipulated by the two laws. Through this approach, this article provides a deeper understanding of the dynamics of law and regional autonomy in Indonesia, as well as the contribution of these two legal instruments in supporting local identity and wisdom within the framework of a unitary state.</em>

License to Pollute? Examining Environmental Permitting under Regional Autonomy in Indonesia

This paper delves into the intricacies of environmental permitting practices within the context of regional autonomy in Indonesia, scrutinizing whether the granting of permits inadvertently facilitates environmental degradation. It investigates the regulatory frameworks and enforcement mechanisms governing environmental permitting at the local level, shedding light on the potential trade-offs between economic development and environmental protection. Through empirical analysis and case studies, the paper uncovers the realities of environmental permitting under regional autonomy, revealing instances where lax regulations or inadequate enforcement have led to environmentally harmful activities. It examines the challenges faced by local authorities in balancing the need for economic growth with the imperative of environmental sustainability, highlighting the complex dynamics at play. Furthermore, the paper evaluates the effectiveness of existing environmental permitting mechanisms in mitigating pollution and safeguarding natural resources. It identifies gaps in regulatory oversight, shortcomings in monitoring and enforcement, and instances of regulatory capture or corruption that undermine the integrity of the permitting process. In conclusion, the paper underscores the importance of reevaluating environmental permitting practices under regional autonomy to ensure that permits are not inadvertently granting a "license to pollute." It calls for enhanced transparency, accountability, and community participation in the permitting process, alongside strengthened enforcement mechanisms and capacity-building initiatives to uphold environmental standards and promote sustainable development in Indonesia's decentralized governance landscape.

Identify Leading Sectors to Accelerate Regional Economic Growth

The establishment of regional autonomy in Indonesia gives greater authority to each region in managing its own government affairs, including in terms of economic development and development. This study aims to analyze the leading sectors of Sleman regency to determine the direction of regional economic development. This research used quantitative methods. The data used is secondary data, GRDP for the 2010-2021 period in Sleman regency, Yogyakarta Special Region province. In this study, the Location Quotient (LQ) model was used to identify the base and non-base sectors in the Sleman district economy. The assessment of these sectors is based on Gross Regional Domestic Product at constant prices. Klasen typology was used to identify the leading sectors in the regional economy. The results showed that as many as ten sectors in Sleman regency became base sectors during the period 2010-2021. The conclusion from this research is that Sleman regency has ten leading sectors in the regional economy. Therefore, this research can be used as a reference for the Sleman district government to focus on developing these leading sectors to accelerate economic growth

A Chance to Defend Regional Heads in The Procedure of Regional Head Dismissal as A Manifestation of The Proportionality Principle

The existence of regional autonomy in Indonesia is implemented through regional leaders who have the authority to run local government. When carrying out their duties, regional leaders are supervised by other state institutions as a form of checks and balances in government power. Hence, the procedure to dismiss regional leaders regulates to involve the Regional People's Representative Assembly, the Supreme Court, and the President through the Minister of Home Affairs as a form of right to dismiss. However, the existence of the proportionality principle in the procedure to dismiss regional leaders, through the right given to regional leaders to defend themselves, has yet to be regulated in the law. This article talks about two things: first, the procedure to dismiss regional leaders, and second, the legal consequences and the position of a chance to summon regional leaders to explain and defend themselves in the procedure to dismiss regional leaders. This article aims to find the importance of proportionality principles in the procedure to dismiss regional leaders. The method used in this article is legal research, with statutes, conceptual, and case approaches. The results of this research show that although the procedure to dismiss regional leaders has been regulated in law, applying the proportionality principle only exists in jurisprudences. Hence, an ius constituendum is needed to determine legal consequences and certainty regarding the procedure to dismiss regional leaders.

Regional Autonomy Inconsistency in Indonesia Post Amendment to the 1945 Constitution

Background: Since 1980 by the Pro-democracy circles, and only reached its peak in 1998. These changes strengthen the system of checks and balances in the life of the nation and state. One of the fundamental changes is the restructuring of the implementation of regional autonomy through articles 18, 18A and 18B concerning Regional Government in Indonesia. These articles are expected to improve the governance of Regional Autonomy in Indonesia, in line with the demands of the Reform, namely, to make Indonesia a democratic country based on the Rule of Law. This is also summarized in the TAP MPR. No. XV/MPR/1998 concerning the Implementation of Regional Autonomy, Regulation, Distribution and Utilization of Equitable National Resources, as well as Budget Balance between Central and Regional Governments within the framework of the Unitary State of the Republic of Indonesia. Objective: The aim of this research is to analysis the inconsistencies in the implementation of Regional Autonomy in Indonesia after the amendment to the 1945 Constitution. Theoretical framework: This article will discuss and analysis the dilemma of Centralization or Decentralization, discusses and examines two things: first, looks at the paradigm between centralization and decentralization which is fundamental in regional autonomy policies. Second, the impact of regional autonomy is the emergence of political elite groups and oligarchs, as previously flourished under the New Order Regime. This literature is different from the discussion and analysis in this study. They both choose the word inconsistency, however, in their discussion and analysis they are different. Method: This research uses normative legal methods or often referred to as doctrinal legal research in its discussion and analysis. To ensure that this method can be used effectively, the researcher conducted a comparison of construction between the 1945 Constitution and regulations on Regional Autonomy implementation.

Principle of Original Authority In Territorial Decentralization

Abstract: Indonesia is a unitary state, where within the framework of the unitary state, power is divided between the central government and regional governments. The regional government is divided into three levels, namely provincial, district, and city regional government. The division of powers to local governments is interpreted as the principle of autonomy. In the NA RUU-Pemda as well as the General Elucidation of the UU-Pemda, it is implied and stated that the autonomy that exists in an autonomous region is a gift. Meanwhile, from the point of view of its establishment, regional autonomy is original, not granted, and is a regional right based on its principle. In principle, the regional right to regulate and manage it is an original right and is not a gift from the central government. From this principle, provisions were born which stated that provincial, regency, and city regional governments regulate and manage their own government affairs according to the principles of autonomy and co-administration. Purpose: The purpose of this study is to explain that regional autonomy is not a gift from the central government but the original authority possessed by the regional government. Design/Methodology/Approach: This research is legal research. The approach method used in this study is to use a statutory approach, historical approach, and conceptual approach. Findings: In principle, the right of the region to regulate and manage it is an original right and is not a gift from the central government. From this principle, the provisions of Article 18 paragraph (2) were born which states that provincial, regency, and city regional governments regulate and manage their own government affairs according to the principles of autonomy and co-administration. Originality/Value: This research tries to explain that regional autonomy in Indonesia is a regional original right, not the result of a gift from the central government. because in several studies that raise regional autonomy, it is always explained that the autonomy obtained by the regional government is the result of a gift from the central government. The difference in point of view is what makes this research a novelty.

PERAN DAN TANTANGAN PEREMPUAN DALAM MEWUJUDKAN MODERASI BERAGAMA DI INDONESIA

Since the enactment of Regional Autonomy in Indonesia, intolerance has continued to increase in various regions. This can be seen from the rampant cases of terrorism and radicalism that have penetrated Indonesian society. Indonesia is ranked 37th with the highest cases of terrorism and radicalism globally. This of course raises a lotiloss, not onlyimaterial but also the psychological and mental health of people who are worried about the safety of their lives. The government has made various efforts to reduce cases of intolerance (such as radicalism and terrorism) and maintain inter-religious harmony. One way is by echoing the concept of religious moderation. Realizing religious moderation requires the active role of all parties, including women. Women have great potential in realizing and maintaining the tolerance that is needed in this diverse Indonesia. This study aims to highlight the role of women and the challenges faced by women in realizing religious moderation in Indonesia. This study uses a literary method in the form of a qualitative descriptive method using gender theory. The results of this study indicate that the role of women will be the basic capital in realizing moderation in themselves, their families and society. In realizing religious moderation, women face challenges such as the occurrence of gender gaps, subordination, multiple roles and gender stereotypes.

THE AUTHORITY OF LOCAL GOVERNMENTS REGARDING THE MANAGEMENT OF RENEWABLE ENERGY IN LAW NUMBER 23 OF 2014 ON REGIONAL GOVERNMENT

Law Number 23 of 2014 concerning Regional Government (UU Pemda) is the basis for the implementation of regional autonomy in Indonesia. The regulation of local government authority in New Renewable Energy affairs regulated in the Local Government Law has caused problems in achieving the national energy mix target. This research is a normative juridical research with a statutory and conceptual approach. The results showed that the lack of involvement of the role of local governments, both provincial and district/city areas for the utilization and management of NRE was due to limited regulations regarding the authority of local governments in NRE affairs to only regulate geothermal affairs. In addition, changes or improvements are needed in the Local Government Law that accommodates the definition of RES and the addition of authority arrangements for other types of RES.

Legal Politics in the Implementation of Regional Autonomy

The 1945 Constitution is the highest law in Indonesia. From 1999 to 2002, the MPR underwent four stages of change which were carried out democratically, constitutionally and institutionally. Arrangements that have undergone changes include Article 18 concerning arrangements for the administration of regional government. The implementation of the provisions of Article 18 of the 1945 Republic of Indonesia Constitution is currently carried out by Law Number 23 of 2014 concerning Regional Government as the basis for political reference for regional autonomy law in Indonesia. The problems in this study are how is the implementation of regional autonomy in Indonesia, what is the impact of regional autonomy on the development of Indonesia's regions, and how are changes in the culture of society in the implementation of regional autonomy in Indonesia. The conclusion that can be drawn from these results is that the implementation of regional autonomy in Indonesia must have a sense of confidence from the central government, local government and the community, with decentralization which is expected to optimize community pre- cons, the impact of regional autonomy opens up opportunities to implement wide-open economic democracy, and so that it can advance the people's economy, as a result of the reform euphoria that can lead to counter-productivity. This must become a productive and constructive culture and behavior to realize healthy and balanced regional autonomy.

Mencermati Kewenangan Daerah untuk Melakukan Hubungan Luar Negeri: Batasan Kewenangan dan Keabsahannya

The authority to carry out foreign relations lies on the Central Government. However, the Regional Government can also establish relations with other regions abroad. This paper reviews the boundaries between regional and central authorities when conducting foreign relations within the conceptual framework of the regional autonomy in Indonesia. This paper attempts to answer two problems formulation, namely: first, what are the limits of regional authority to conduct foreign relations? Second, is the form of foreign relations carried out by the regions recognized internationally? By using statutory and conceptual approaches, this paper presents a normative research using the perspective of constitutional law and international law. Based on the research and discussion, the following conclusions are drawn: first, regional authority in conducting foreign relations is formulated as part of the implementation of concurrent government affairs by the regions, the implementation of which is based on the limits of authority, namely: general limits and minimum limits. Second, according to international law, foreign relations actions by the regions are considered valid, with references to customary international law, agreements that have been made, and the state responsibility for foreign relations particularly on actions conducted by the regional bodies.

IMPLEMENTATION OF NUISANCE PERMIT AND CONTROL POLICIES TO ACHIEVE EXCELLENT SERVICE AT THE BANDUNG CITY INTEGRATED SERVICE AND LICENSING AGENCY

Excellent service is one of the crucial issues in the implementation of regional autonomy in Indonesia. So far, public services still have a bad image in the eyes of the public. Service is considered so bureaucratic that it creates negative impressions and perceptions about bureaucracy. The notion that bureaucracy is irrational, wasteful, unproductive and trapped in ceremonial activities is actually more common in society. Based on the problems described above, this study aims to determine the effect of the implementation of the disturbance permit policy and control on the excellent service of the City of Bandung. The research method used is explanatory survey method. The variables of this study consist of the independent variables namely Policy Implementation and Control, while the dependent variable is Excellent Service. The data was obtained through employee and community respondents who took care of disturbance permits at the Bandung City Integrated Licensing Service Agency. Respondents were determined as many as 87 through the Likert Scale questionnaire questionnaire instrument. The results of data collection will be tested for validity and reliability using moment product correlation techniques and Alpha-Cronbach. The results of the study stated that there was a significant influence between variables. The results of the data prove that policy implementation and control of excellent service at the Bandung City Integrated Licensing Service Agency have a significant influence.

DETERMINAN KINERJA PENYELENGGARAAN PEMERINTAH DI INDONESIA: STUDI EMPIRIS PERANAN KEMANDIRIAN DAERAH DAN KEKAYAAN DAERAH

This study aims to analyze the influence of regional financial factors consisting of independence and regional wealth on the performance of local governments in Indonesia. This study used secondary data from authorized government institutions with a final sample of 506 local governments which were analyzed using multiple linear regression methods. The results of the analysis show that in terms of achievements, the average performance of local governments in Indonesia has been good, but there are still issues of disparities between regions that need to be corrected. 
 Meanwhile, the analysis of hypothesis testing through multiple linear regression found a positive effect of regional independence variables on local government performance. Meanwhile, the regional wealth has no significant effect on local government performance. This research has the implication that improving the quality of regional financial management is very important in the implementation of regional autonomy in Indonesia in order to support the achievement of regional performance so that it must be optimized. In this case, the regional government and the central government must synergize through various policies to improve the quality of regional financial management in order to increase independence, fiscal capacity, and optimize assets

The Paradox of Public Service Innovation amid Regional Autonomy in Indonesia

Law No. 23/2014 on the Local Government aims at fostering local governments in the country to nurture a culture of innovation to improve the quality of public services. This research attempts to discover paradoxes in the Surakarta City Government related to regulations governing local governments in Indonesia in developing public service innovation. This study uses a qualitative methodology with descriptive analysis related to the paradoxical evidence of public service innovation capacity in the Surakarta City government. Data were collected through in-depth interviews, observations, and literature studies of reputable journals. Furthermore, interviews were conducted with resource persons, from top management leaders to innovation actors, with a total of ten people. We utilised the analysis framework of Public Sector Innovation Capacity Management by Kim and Lee to analyse the results. We used SWOT analysis to devise a public service innovation capacity management strategy in Surakarta City. The results prove that the Surakarta City government has different characteristics in developing public service innovation. However, there is a paradox, which is a contradiction in the course of the local government in general. This paradox is evident in two main phenomena. First, there were no particular government regulations. Second, regional apparatus organisations (OPD) practice less collaborative mechanisms. By contrast, we found that entrenched innovation DNA and an external driver of innovation support the creation of public service innovations in the Surakarta City Government.

Policies to Control and Evaluate Regional Regulations on Taxes and Levies in Indonesia: Re-centralisation?

The research analyses whether the regulations concerning the mechanisms of control and evaluation of regional regulations on taxes and levies, as outlined in Law No.1 of 2022, comply with the concept of regional autonomy in Indonesia. With normative juridical approach, this research found that the mechanisms of control and evaluation of regional regulations on taxes and levies do not comply with the concept of regional autonomy. However, such mechanisms are required in Indonesia as a unitary state that is based on autonomy, since no system of autonomy works in the absence of control. Nonetheless, in this case, the supervisory authority given to the central government, in the form of preventive and repressive supervision, tends to cause too much interference in the process of shaping policies regarding regional taxes and levies, which should be within the authority of regional governments. Therefore, assertive and specific provisions should be made to prevent intervention by the central government that goes beyond what is required