Regional Government Authorities Research Articles

Kewenangan Pemerintah Daerah Dalam Perjanjian Kerjasama Internasional

Introduction: The development of the international community which has an impact on political and economic regionalization also has demands for local autonomy affecting patterns of international relations, in line with this, new actors have emerged where local governments have played a role in entering into international cooperation agreements.Purposes of the Research: This writing aims to identify and analyze the position of local government as a legal subject in international cooperation agreements and to determine and analyze the form of local government authority in entering into international cooperation agreements.Methods of the Research: The research method used is normative juridical with a problem approach using a statutory approach and a conceptual approach. The legal materials used consist of primary and secondary legal materials with legal material collection techniques carried out through library research.Results of the Research: The results of this study conclude that the regional government in entering into international cooperation agreements cannot be seen as a proper subject of international law, in entering into international cooperation agreements the position of the regional government remains a representation of the state. The form of regional government authority in entering into international agreements is a combination of delegation and mandate because it is a pre-existing delegation of authority from the center to the regions and acts on behalf of the state, in this case the authority giver.

Отраслевое развитие сельских территориальных систем России в условиях современной экономической неопределенности

Abstract. The purpose of the study is to examine the patterns of sectoral development of rural territorial systems in conditions of modern economic uncertainty using the example of a number of regions of the Russian Federation. The results of the work of modern authors in the field of rural economics and agricultural production are summarized and interpreted, which made it possible to calculate forecasts for the development of agricultural sectors in the Volga Federal District and the Perm Territory of the Russian Federation for the period until 2030. The scientific novelty lies in the assessment of the sectoral development of agro-industrial territorial systems, through the study of the dynamics of the main indicators of agricultural activity using trend analysis in a fairly short period of modern economic uncertainty, which is a significant step forward in this area of scientific research. To identify the dynamics and forecast the development of the main sectors of agricultural production, methods were used to graphically identify linear dependence and construct linear trends using homogeneous statistical indicators. The main results of the study are the developed measures for the stable sectoral development of rural areas of the Russian Federation in modern conditions and overcoming the existing regional differentiation. The implementation of measures involves the introduction of innovative solutions that provide an adaptive response to market trends and changes in the influence of external factors in the regional management of sectoral development of rural areas. Thus, the study provides a basis for understanding the components of sectoral development of rural areas and allows us to identify ways to constructively solve complex and multifaceted problems associated with the stabilization of agricultural production. The practical significance of the proposed solutions lies in their relevance in the activities of regional government authorities and relevant departments in the processes of improving the management of sectoral development of rural areas as part of the implementation of strategic documents for the spatial and sectoral development of the Russian Federation.

Enhancing Socio-Economic Dynamics: Assessing Regional Governance and Mining Community Benefits post Law Number 3 of 2020 in North Maluku

Mining potential in Maluku Province is the largest contributor to nickel mining in Indonesia with nickel reserves of 39% and copper of 92.48% of the national total. Even though nickel and copper are potential resources in this region, they do not yet have production results that have added value and are highly competitive. Now various investors from China are investing in North Maluku with the above potential mining resources. In fact, China is now interested in building a nickel factory in North Maluku, specifically in North Halmahera. The issuance of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining is a transformation of mineral and coal policy relating to the management and utilization of mineral and coal in Indonesia. The consequence of the amendment to Law Number 4 of 2009, namely the elimination of regional government authority over the management of mineral and coal mining, was taken over by the central government, which applies nationally. The method used in this research is the Hybrid Method as an applied method. The limitation of this research is that it does not technically examine the ecological, economic and social modeling of mining studies in North Maluku. The recommendation of this research is that further in-depth review is needed from a legal, social, ecological and economic perspective to map and review Law No. 3 of 2020, the formation of a cross-sectoral task force to monitor the impact of the implementation of Law No. 3 of 2020 on the environmental and social sectors. and economics.

Pelaksanaan Kewenangan Pemerintah Daerah Dalam Upaya Rehabilitasi Pasca Bencana Gempa Bumi Di Nagari Kajai Pasaman Barat

Natural disasters seem to be daily events and news in Indonesia, and even the world. Various forms of disasters have caused enormous losses, both moral and material losses. The earthquake that occurred on February 25 2022, centered in Talamau District, West Pasaman Regency, was a major disaster. As the epicenter of the earthquake, Talamau District was the worst affected area. It was recorded that 25 people were killed and 465 people were injured, 14 of whom were residents of East Pasaman. Apart from immaterial losses, the earthquake that occurred in West Pasaman Regency also resulted in material losses such as heavily damaged public facilities, schools and houses of worship (mosques). Due to this disaster, thousands of West Pasaman residents are waiting for development assistance from the government, however the expected assistance is still being delayed before it can be realized immediately by the Regional Government. This problem needs to be formulated into two problem statements. First, how is the implementation of regional government authority in post-earthquake rehabilitation efforts in Nagari Kajai, West Pasaman Regency? Second, what are the obstacles to implementing Regional Government Authority in post-earthquake rehabilitation efforts in Nagari Kajai, West Pasaman Regency? This research is a type of normative legal research or doctrinal legal research. The results of this research show that as a form of disaster management, the West Pasaman Regional Government carries out rehabilitation activities, one of these activities is providing assistance to repair houses for people affected by the disaster. This development is carried out through three systems, namely: independent reinbuce, facilitator reinbuce, and self-sufficiency. In an effort to exercise its authority to carry out post-disaster rehabilitation, the Regional Government encountered obstacles, including APIP's finding that there was an error in collecting data on houses of disaster victims which required data collection again, which took quite a long time and the regional financial capacity was inadequate.

Legal Review of Regional Government Authority in Land Disputes Based on the Principle of Justice

Giving value to the land occupied by a certain community of people incorrectly will result in conflict between the people themselves (horizontal conflict), or between the people who hold the rights and the authorities (vertical conflict), so that in turn the foundations of the community's life will be damaged. This especially happens on land in rural areas, which is of course different from land use in urban areas. For example, land in rural areas is used for social and economic life. Social life, such as having a family, going to school, worship, recreation, and sports are carried out in the village; while economic activities such as farming, gardening, animal husbandry, and cutting wood in the forest are executed outside the village. However, on the other hand, in urban areas, because land value is economically advantageous, land use is conducted as efficiently and effectively as possible, therefore, mixing of uses can occur. The population growth in urban areas in the last decade has been increasing. Apart from the migration flow of people from outside the city into urban areas, there is also a process of urbanization which especially affects suburban areas (fringe areas). The Preamble to the 1945 Constitution contains Pancasila (State of Belief in God), basic principles of human rights, justice ( Rule of Law), people's sovereignty (Democratic State), as well as the duties and obligations of the Government (all state institutions) to create a Welfare State which includes protecting Indonesia's bloodshed. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively qualitatively. Concluding is conducted by using a deductive method, namely concluding from general to specific, especially those related to the research topic, namely Legal Review of Regional Government Authority in Land Disputes Based on the Principle of Shared Justice. the basic values it describes. This elaboration can be carried out creatively and dynamically in new forms to embody the same spirit and within the limits permitted by these basic values. This explanation clearly must not conflict with basic values. The basic values in question are values taken from Pancasila. Law is a tool for creating justice. Justice in the law is justice that is desired for all people who live within the framework of the law itself

Regional Government Authority Regarding Mineral and Coal Mining Business Licenses in Indonesia based on Law Number 3 of 2020

Abstract Mineral and Coal Mining, which is a source of state income, is specifically regulated in Law Number 3 of 2020, which is a new regulation on mineral and coal mining. The purpose of this research is to review the issue of mining business permits which previously belonged to the district or city regional government which later became the authority of the central government, namely Article 35 Paragraph (1). This research uses a normative legal approach through library research with legal literature and documents. The results of this research show that the authority of regional governments in managing mining in their regions is given limitations because in carrying out management there are many problems that arise when regional governments, especially district/city regional governments, issue mining business permits, such as corruption and overlapping business permits so that district governments With the enactment of this law, cities do not have any authority, while the provincial government has the authority to grant permits related to mining which is delegated by the central government. Keywords: Authority, Licensing, mineral and coal mining, Abstrak Pertambangan Mineral dan Batubara yang menjadi salah satu sumber pendapatan negara secara khusus di atur dalam Undang-Undang Nomor 3 Tahun 2020 yang merupakan regulasi baru pertambangan mineral dan batubara. Penelitian ini bertujuan untuk meninjau mengenai persoalan izin usaha pertambangan yang sebelumnya berada pada pemerintah daerah kabupaten/kota yang kemudian menjadi kewenangan pemerintah pusat yaitu Pasal 35 Ayat (1). Penelitian ini menggunakan pendekatan hukum normatif melalui studi pustaka dengan literatur dan dokumen hukum. Hasil penelitian ini menunjukan bahwa kewenangan dari pemerintah daerah dalam mengelola pertambangan didaerahnya diberikan batasan-batasan karena dalam melakukan pengelolaan terdapat banyak masalah yang muncul ketika pemerintah daerah khususnya pemerintah daerah kabupaten/kota yang memiliki wewenang untuk mengeluarkan izin usaha pertambangan seperti korupsi dan tumpang tindih izin usaha sehingga pemerintah kabupaten/kota dengan berlakunya undang-undang ini tidak memiliki kewenangan apapun, sedangkan pemerintah provinsi memiliki kewenangan pemberian izin terkait pertambangan yang didelegasikan oleh pemerintah pusat. Kata Kunci: Wewenang, Perizinan, Pertambangan Mineral dan Batubara,

The Nature, Function and Authority of Regional Government for Services for Purposes in the Implementation of The Hajj and Umrah Worship in the Province of Maluku Indonesia

The Nature, Function and Authority of Regional Government for Services for Purposes in the Implementation of The Hajj and Umrah Worship in the Province of Maluku Indonesia

Business leaders’ perceptions of how workplace charters can reduce health inequalities for employees in West Yorkshire, England: a qualitative study

BackgroundWorkplace interventions to increase the number of good quality jobs can help reduce widening health inequalities in England and are an important area for public health research. Over the past decade, workplace charters led by local and regional government authorities have become increasingly popular. Charters typically include commitments on workplace practices—such as job security, pay, wellbeing, and employee voice—and an assessment and award process. Still, there is limited knowledge on how this intervention works. We aimed to understand the views of business leaders on how workplace charters can reduce health inequalities for employees. MethodsIn this qualitative study, 12 business leaders in West Yorkshire were purposively recruited (seven [58%] female, and five [42%] male) through the West Yorkshire Combined Authority, covering different business sizes and sectors. Business leaders were recruited, as key stakeholders who decide whether to engage with charters. Semi-structured interviews were conducted between Aug 3, and Sept 7, 2022. Interviews were transcribed and analysed using reflexive thematic analysis to identify perceived charter mechanisms to reduce health inequalities, alongside emergent barriers to charter implementation. Ethics approval was granted by the University of Sheffield Research Ethics Committee. Participants gave written informed consent. FindingsBusiness leaders perceived multiple charter mechanisms to reduce health inequalities: the charter to benchmark workplace practices, facilitate a business community, act as a credible badge for fair employers, and open a dialogue with partners. Three key emergent barriers to charter implementation were also identified, including different perceptions of fair work among business leaders, concern about significant charter demands for smaller businesses, and perceived external constraints from the political, social, and economic environment. InterpretationBusiness leaders’ views affirmed that workplace charters are collectively perceived as a potential tool to address differential workplace practices and reduce health inequalities. However, due to substantial barriers identified, this study suggested that workplace charters could also exclude particular organisations and generate health inequalities. Charter providers must reconcile the tension between the collective aspiration, and practical reality of workplace charters. If reconciled, workplace charters could potentially be a timely and meaningful intervention to help reduce health inequalities in England. FundingNone.

Representative Offices of the Federal Subjects as an Institute for Interregional Cooperation (Experience of the Republic of Tatarstan)

Introduction. The issues of interregional cooperation of Russian regions are of particular relevance in the face of drastic changes in the foreign economic relations. Reasons of interregional cooperation induce Russian regions to open representative offices in federal subjects. The purpose of the article is to consider the Republic of Tatarstan experience of using remote representative offices and improving their performance in order to suggest a generalized model for organizing the activities of representative offices taking into account the modern trends in the development of interregional cooperation. Materials and Methods. The study includes analysis of up-to-date publications on the research topic, documents of state origin and is based on evaluation of the long-term experience of development the system of representative offices of the Republic of Tatarstan. The institutional and structural-functional methods of political science were used to determine the place of remote representative offices in the regional government authorities, the conditions of their activities, and the implemented functionality. General scientific methods of comparative analysis and classification were also used to develop a basic concept and work organization model of representative offices, to assess trends in the performance indicators of their activities, to work out development proposals for representative offices of federation subjects. Results. The current trends in the development of interregional cooperation in Russia together with questions of using the representative offices of federal subjects are considered taking into account corresponding experience of the Republic of Tatarstan. Ways to organize the work of federal subjects’ representative offices and to estimate their efficiency were studied. Approaches to improve activities of the representative offices and to expand their operations to new sites are suggested. Discussion and Conclusion. The study has showed the importance of the representative offices of the subjects of the Russian Federation for interregional cooperation. The authors describe a general model for organizing the work of regional representative offices and identify the ways to increase their contribution into interregional cooperation. The results of the study may be useful for experts in regional development policy and government officials.

Analisis Substansi Undang-Undang Nomor 23 Tahun 2014 tentang Pengalihan Urusan Kehutanan dari Pemerintah Kabupaten/Kota kepada Pemerintah Provinsi

With the enactment of Law concerning Regional Government Number 23 of 2014, it is clear that the provincial government has begun to pay greater attention to the forestry sector. This is because the authority granted allows the provincial government to coordinate and manage all aspects of forestry in all districts/cities. This research aims to find out and analyze the substance of Law Number 23 of 2014 concerning the transfer of forestry affairs from district/city governments to provincial governments. The method used is a literature study, where various previous studies are collected to answer various problems regarding regional government authority in forestry matters. The research results show that the substance of Law Number 23 of 2014 eliminates the technical authority that regions, especially districts/cities, have in controlling natural resources, including forestry matters involving various regions. All cross-regional natural resources are the full responsibility of the provincial government or above level. This causes the position of district/city government officials to become limited. The implementation of Law Number 23 of 2014 has also apparently not been completely successful in overcoming existing problems, but this has actually increased the complexity of relations between the center and the regions.
 Keywords: Transfer of Authority, Regional Government, Forestry

United States of America and the pandemic: issues of legal regulation in combating COVID-19

The pandemic period in the United States has become a test of the strength of many state mechanisms, raised the question of the limits of the extraordinary powers of the President and governors and effectiveness of the public health system. The reasons why one of the most prosperous countries in the world has become the most affected state by the pandemic largely lie in the sphere of public administration system and historically established precedents for expanding the powers of the executive branch in times of emergency. The aim of the study is to identify the foundations of constitutional and legal regulation in combating the consequences of the pandemic in the United States and to trace correlations between peculiarities of distribution of powers in the field of public security and effectiveness of measures to counter the COVID-19 spread. One of the tasks is to identify both advantages and disadvantages of the US political structure in the context of countering the nationwide threat. The historical method of research allowed to determine the specifics of the extraordinary powers of the US President, while the specific legal method was used as the basis for analyzing the structure and powers of legislative and executive authorities along with comparative legal, system-structural and functional approaches. In the fight against the pandemic, the mechanism of public administration in the United States has shown its inability to counter threats of a nationwide nature. In many ways, this situation is explained by peculiarities of the legislative regulation of the healthcare sector, transferred to the autonomous regulation of state authorities, a disparate system of legal regulation of emergency response, as well as the very modest capabilities of the head of state in responding to epidemiological threats. The study allows to conclude that there is a correlation between the features of the public administration system in the United States, its legislative regulation and the negative consequences of the COVID-19 pandemic caused by uncoordinated actions of federal and regional government authorities.

ABUSE OF AUTHORITY BY THE REGIONAL GOVERNMENT FOR THE CONSTRUCTION OF NATIONAL ROADS

Roads as one of the transportation infrastructure are important elements in building the life of the nation and state. The government has an important role in providing investment for road construction in accordance with its authority as regulated in Law Number 2 of 2022 on the Second Amendment to Law Number 38 of 2004 concerning Roads. However, there are district governments carrying out the construction of national roads which should be the authority of the central government. This writing uses a normative research method with a statutory approach and a conceptual approach related to regulations and regulatory concepts over the authority of local governments in the construction of national roads. Besides that, it uses a conceptual approach , namely the approach taken to the concept of regional government authority in road construction . The purpose of this study is to analyze the abuse of authority by the Regional Government for the construction of National Roads. The results of the study stated that the Regency/City Regional Government carried out the construction of national roads , The regency /city regional government fulfills the element of abusing authority or exceeding authority . For this reason, the central and regional governments can carry out road construction, but this must be in accordance with their respective authorities.

Regional Government Authority in Fulfilling the Right to Legal Aid for the Poor and Vulnerable Groups

The implementation of legal aid by the local government is urgent because the central government's budget allocation is still limited. This can be seen from the imbalance in the legal aid budget and the number of legal aid organizations compared to the number of poor people. The budget and the scope of legal aid are limited, only covering the poor. Regional governments, as stakeholders, are expected to complement the central government's shortcomings by allocating legal aid budgets and expanding the scope of legal aid recipients. This study aimed to examine the authority of local governments in fulfilling the right to legal aid for poor and vulnerable groups. This study was normative research by examining legal regulations relating to the authority of local governments in fulfilling the right to legal aid for the poor and vulnerable groups. The data obtained were analyzed using qualitative methods. The results of this study showed that local governments had the authority to fulfill the right to legal aid for the poor and vulnerable groups. This authority was attributive. Several laws obliged local governments to fulfill the right to legal aid.

LOCAL GOVERNMENT POLICIES ON THE IMPACT OF MINERBA MINING BASED ON PRINCIPLES SUSTAINABLE DEVELOPMENT

There Mining authority lies with the central government while activities are in the district/city, this causes environmental damage. The aims of this study are (1) to describe the policies of the Regional Government in mineral and coal mining activities based on the principles of sustainable development? (2) Describe the Local Governments Efforts in Upholding Environmental Protection in Mineral and Coal Mining Activities for Sustainable Development. The method used is a normative approach or statutory approach. The results of this study are (1) The form of policies that regulate mining is not in accordance with the goals of the Indonesian state, not in sync with the principles of sustainable development. Existing authorities are unclear, and there is still overlapping authority between the central government and regional governments. (2) Regional government authorities in the mining sector are still overlapping and out of sync. Therefore, local governments cannot enforce the law, whether it is administrative, criminal or civil law enforcement.

Regional Government Authority in the Implementation of Natural Disaster Management

Natural disasters certainly have negative impact on the environment and society in community health, comfort, and economic conditions. This study aims to asertain and analyze the regulation─regional government service authority in organizing natural disaster management in Indonesia. This study employed empirical legal method involving primary and secondary data and was conducted in Kuningan Regency. The data were collected through interviews, observations and literature studies. The finding revealed the regional government service authority is governed in Article 9 of Law Number 24 of 2007─Disaster Management, Government Regulation of the Republic of Indonesia Number 21 of 2008─the Implementation of Disaster Management, and Regional Regulation Number 6 of 2011─ the Implementation of Disaster Management. Finally, their authority is mostly defined clearly in Law Number 24 of 2007 concerning Disaster Management. This law establishes apparent rules that each duty and function is already appropriate.

Bagaimana Hubungan Pusat dan Daerah Pasca Penetapan Undang-Undang Cipta Kerja? Kasus Penetapan Pajak Daerah

The relationship between the Central Government and Regional Governments in determining regional tax rates and regional levies has overlapping authorities after the enactment of the Job Creation Act. This study proposes two problem formulations. First, how is the relationship between the central government and regional governments in determining local tax rates after the enactment of Law Number 11 of 2020 concerning Job Creation? Second, what are the juridical implications of setting local tax rates after the enactment of Law Number 11 of 2020 on the Authority of Regional Governments? The research method used is juridical-normative by using primary, secondary, and tertiary legal materials. The approach used is a statutory and conceptual approach. The results reveal that first, the relationship between the Central Government and Regional Governments in determining regional tax rates and regional retributions after the enactment of the Job Creation Law is carried out by the Regional Government with the involvement of the Central Government. It is known that at the time of the formation of regulations in the field of regional tax rates, the Central Government can change the tax rates and levy rates by determining the nationally applicable tax and levy rates and evaluating both Regional Regulations and Draft Regional Regulations regarding taxes and levies that hinder investment ecosystems and ease of doing business. Second, prior to the enactment of the Job Creation Act, the regional government had the authority to determine regional tax rates and regional retributions, so that in this case, the decentralization system runs fully, while after the enactment of the Job Creation Act, the regional government's authority in administering the government, in particular the area of regional taxes and levies, does not fully reflect the decentralized system due to intervention from the central government. Keywords: Relations, Central Government, Local Government, Tariffs, Local Taxes

ANALYSIS OF STRUCTURAL SHIFTS IN THE ECONOMY OF THE REGIONAL INDUSTRIAL SECTOR

The article is devoted to the study of structural shifts in the industry of a region on the example of the Republic of Bashkortostan. The author analyzed the nature of structural shifts in the industry of the Republic of Bashkortostan in comparison with the subjects of the Volga Federal District. The author also conducted an intra-regional analysis of structural shifts by types of economic activity and by significant industrial enterprises. The problems of using the methods of mathematical statistics for the analysis of structural changes were revealed: first, the limitations of the methods from the position of assessing the vector of structural shift and its determining factors; second, the problem of data comparability in assessing structural shifts for a long-term retrospective period; third, the problem of collecting and reliability of information. A cardinal change in the structure of investments in the Republic of Bashkortostan by types of industry has been determined. Significant structural shifts have been identified in terms of the number of innovative enterprises, as well as low structural shifts in production activity and employment. An analysis of structural shifts in key business entities of the industry of the Republic of Bashkortostan showed that a significant shift occurred in the results of the activities of the region's largest enterprises in the fuel and energy, chemical and technological complex, and the military-industrial complex. The results obtained can be used by regional government authorities to adjust the industrial policy of the region.

Процессная модель государственного управления региональными институтами инновационного развития

Introduction: the current stage of Russia’s development is characterized by the growing influence of science, innovation and technology. With the proper realization of the potential in this field, it is possible to create conditions for reducing the technological gap between Russia and developed countries. Based on the need to increase innovation activity in the Russian economy, the article analyzes approaches to the concept of regional innovative development institutions, discusses the problems of their functioning. Objectives: to present the process model of public administration of regional innovative development institutions. Methods: in line with the systematic approach, general scientific methods were used, as well as formal-logical, structural-functional, formal-legal, and comparative legal analysis. Results: a theoretical analysis of the public administration practices existing in Russian regions has been carried out, the process model of public administration of regional innovative development institutions has been presented. The model considers the coordination scheme between the regional innovation development institutions and federal and local government authorities, as well as the business community. Coordination interaction should be carried out by the regional government authority having respective powers in the field of science and innovation. Conclusions: the application of the developed model in a region can contribute to its socio-economic development, expand the innovative component of the economy, while promoting the existing regional strengths in innovations and science.

The Existence of Subak in The Legal Politics of Development Program in Bali

This study aimed to analyze the legal policies of Bali regionaldevelopment planning in providing protection for the existence ofSubak sustainability in development. This study employed anormative legal research method with a statutory approach, andanalytical conceptual approach. The results indicated that theexistence of Subak has been recognized as a model of managementirrigation in Bali that has been inherited by ancestors, which isprotected by the 1945 Constitution. However, the direction ofregional development planning within the framework ofautonomy, places the agricultural sector as the preferredgovernment affair of the regional government authority. Hence, itcauses the agricultural sector does not become the leading sectorin development planning, and beside the priority of theagricultural budget from the portion of planning and regionaleconomic development, which is still below 2% (two percent).There are also a lack and difficulties in synergizing regionaldevelopment in agriculture with efforts to protect Subaks acrossdistricts/cities in the province of Bali.

How Suboptimal Consolidation of Care During the COVID-19 Pandemic Can Teach Us to Do Better.

How Suboptimal Consolidation of Care During the COVID-19 Pandemic Can Teach Us to Do Better.