Article Per Year (5 Year)
p-Index From 2021 - 2026
0.882
P-Index
This Author published in this journals
All Journal Yustisia FIAT JUSTISIA: Jurnal Ilmu Hukum Sriwijaya Law Review Jurnal Pendidikan Nonformal Jurnal Supremasi POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Sri Wahyu Kridasakti
Universitas Terbuka
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 8 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Yustisia

 1 
ANALYSIS OF M-P-F-A-A-C (Meaning – Positioning – Functioning – Authorizing – Actuating - Controlling) ON THE VILLAGE GOVERNMENT INSTITUTIONAL ARRANGEMENT (Law Making Philosophically of Law Number 6 of 2014 On Villages) Sri Wahyu Kridasakti; Sudarsono Sudarsono; Chanif Nurcholis
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.34665

Abstract

The issue of the article is "What are the implications of village institutional governance for village governance institutional governance?". The legis ratio of Law Number 6 of 2014 states in Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, while the subject matters prescribed includes two main material types of different villages. This study uses a normative legal research method with a prescriptive conceptual approach and statute approach. The theoretical basis used is the rule of law, the theory of legislation, the concept of local government,;the concept of authority, and the concept of M-P-F-A-A-C. The results showed that the village government regulated by Law Number 6 of 2014 is not an autonomous village but an independent village, not a customary law community unit and not a formal government. While the implications for governance in the Meaning aspect, happened to shift in the meaning of village government institutions from time to time; in the Positioning, the institutional status of village government as state-corporatism is a deviation in the administrative logic of local government; in the Functioning, the imposition of technocratic local government institutional function work is unrealistic to the institutional function of a self-governing community; in the Authorizing, authority over the principle of Recognition and Subsidiarity that is apparent from the government is outside the principle of decentralization; in the Actuating, the work apparatus of the village is not solid yet, showing poor regulation which also technocratic in Government Regulation Number 43 of 2014 Jo. Government Regulation Number 47 of 2015; in the Controlling, construction of checks & balances carried out by Village Council (BPD) are still ineffective due to weak apparatus competence and low community participation in the policy making process. In conclusion, Law Number 6 of 2014 has a 'contra-productive' implication for village governance institutional governance, therefore Law Number 6 of 2014 needs to be reformulated
RECONSTRUCTION OF THE LOCAL GOVERNMENT MODEL BASED ON THE CONCEPT OF THE FOUNDING FATHERS AND THE 1945 CONSTITUTION JUNCTO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA TOWARS MODERN LOCAL GOVERNMENT Chanif Nurcholis; Sri Wahyu Kridasakti
Yustisia Vol 7, No 3: December 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.24610

Abstract

The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.
Co-Authors Abd. Majid Abdul Madjid Chanif Nurcholis Henny Yuningsih Mohamad Fadli Mohammad Fadli Mukhammad, Bahir Purwaningdyah Murti Wahyuni Rudolf, Paulus Senastri, Ni Made Jaya Sigit Waluya Sudarsono Sudarsono Umu Hilmy Vera Bararah Barid