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All Journal Keris: Journal of Community Engagement Al-Maqashid: Journal of Economics and Islamic Business Journal of Sharia (JOSH) Ummul Qura : Jurnal Ilmiah Institut Pesantren Sunan Drajat (INSUD) Lamongan Al-Muzdahir: Jurnal Ekonomi Syariah Conseils : Jurnal Bimbingan dan Konseling Islam The Republic: Journal of Constitutional Law
Muhyidin
Institut Pesantren Sunan Drajat Lamongan
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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PERATURAN DESA DAN KEDUDUKANNYA DALAM SISTEM HUKUM DI INDONESIA Dwi Nur Kolipah; Muhyidin
The Republic : Journal of Constitutional Law Vol. 2 No. 1 (2024): THE REPUBLIC : Journal of Constitutional Law
Publisher : Program Studi Hukum Tata Negara dan diterbitkan oleh Program Studi Hukum Tata Negara dan Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/htn.v2i1.869

Abstract

As we know at the village government level, power is held by the Village Head together with village officials who are under the leadership of a Regent as the highest government authority at the Regency and/or Mayor at the City level. The implementation of village governance is also good in terms of development, the development of village communities must be based on Pancasila as the Staaffundamentalnorm, the 1945 Constitution, the concept of the Unitary State of the Republic of Indonesia and also Bhineka Tunggal Ika. Absolute guidelines for administering village administration are regulated in Article 2 of Law Number 6 of 2014 concerning Villages. running the government, holders of governmental power both at the center and in the regions have the authority to issue a policy related to discretion in their position. Even so, the policy must still be based on the applicable positive law. In forming government regulations, both central and regional must still be guided by the provisions in Law Number 12 of 2011 concerning the Formation of Legislation. In relation to village government, there is a form of regulation known as Village Regulation or Perdes. This is regulated in Article 26 of the Village Law as a juridical basis. However, Article 7 of Law Number 12 of 2011 does not find this form of regulation in the hierarchy of laws and regulations in Indonesia. Perdes is a form of government apparatus discretion at the village level, according to Freies Ermessen. Nevertheless, its implementation is not without limitations. The law is tasked with taking the role of preventing and anticipating arbitrariness.
Co-Authors Abdul Mun'im Abdullah Zawawi Aditia Putra Alandi Ahmad Burhan Hakim Ahmad Sobihul Hadi Dewi Mutmainnah Dwi Nur Kolipah Karmuji Karmuji Khoirun Nisa Moch Noer Arief Musbikhin Musbikhin Nashihin Nashihin Nashihin Rohman, M. Fathor Siswadi Siswadi Siti Al Fiyah Sutopo Sutopo Sutopo Zamroni Ishaq Ishaq