KEDUDUKAN DESA DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA

Mardeli, Iis (2015) KEDUDUKAN DESA DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA. Jurnal Magister Ilmu Hukum. p1-29.

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Abstract

The title of this research is the Status of the Village in the Constitutional System of the Republic of Indonesia. This study aims to assess the position of the village on the constitutional system of the Republic of Indonesia. This research also conducts to review the factors that lead to an uncertainty of village position in the constitutional system of the Republic of Indonesia. Finally, the research gives efforts to overcome the factors that lead to an uncertainty of village position in the constitutional system of the Republic of Indonesia. The method used in the research is normative legal research that focuses on the status of the village in the constitutional system of the Republic of Indonesia. The approach used in the research is the approach of legislation, by reviewing the theory of Democracy, Decentralization theory, the theory of self-governing community and local selfgovernment theory in relation to the status of the village in the constitutional system of the Republic of Indonesia. Collecting data is done through literature study. After analyzing Village position in the constitutional system of the Republic of Indonesia, the results show that the government administrative village is under the Regency/City Administration. It is reinforced by the principle of recognition, namely the recognition towards the right of the origin, the existence of the village is recognized by the Government as a government organization, the existence of the village is recognized by the state as the smallest unit of government, so the village is allowed to grow and flourish outside the state structure. The factors which cause uncertainty of the village position in constitutional system of the Republic of Indonesia are the problem in recognizing diversity and the dualism between Indigenous settings (selfgoverning community) with the Village Government (Local self-government). The efforts to overcome those factors are enhancing the village dual positions which put firmly village as government organizations. It means that the village is in the district / city, as district / city located in the province, and the province is located in the Homeland. The village position remains in the central hierarchy, provincial and district, but the village as an entity is outside the system of the county / city, and the village also has autonomy. The relationship between the district / city with the village is similar to the relationship between the province and district / city.

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