Ius Constituendum of Regulating Institutional Village-Government System

DOI

10.2991/aebmr.k.200513.139How to use a DOI?

Keywords

MPFAAC, Quasy-Government, ius-constituendum

Abstract

Indonesia ordinary government-village was not born from ‘decentralization-womb’, as that of government-village is State-Corporatism. The legal position of that of ordinary government-village is a ‘Quasy-Government’. The problem is, How is the future regulating of government-village institutions in Indonesia local-government legal system? This study was prescriptively normative, using the concept of MPFAAC analysis (Meaning-Positioning-Functioning-Authorizing-Actuating-Controlling) supported by; Authority-Theory; The concept of Harmony in law and Local-Government Concepts to answer the research question. The results of this study indicated that the ius-constituendum of village government must be able to overcome the ‘ambiguity’ of the village pseudo-government system which is contra-productive. Village government institutions must be placed as autonomous local-government institutions based on the principle of symmetrical or asymmetrical decentralization. Village government institutionalization is not supposed to be positioned as niet rechtstreek bestureed gabied, as mandated by MPR (Indonesian People’s Assembly) Decree No. IV / 2000.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sri Wahyu Kridasakti
PY  - 2020
DA  - 2020/05/20
TI  - Ius Constituendum of Regulating Institutional Village-Government System
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 738
EP  - 740
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.139
DO  - 10.2991/aebmr.k.200513.139
ID  - Kridasakti2020
ER  -