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Akibat Hukum atas Alokasi Anggaran Pendidikan yang Kurang dari 20% Anggaran Pendapatan dan Belanja Daerah Nina Anggreni
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.425

Abstract

Abstract: The existence of a pandemic has greatly affected the financial capacity of the Regional Government, so that there are regions that have not been able to meet the education budget allocation of at least 20% of the Regional Revenue and Expenditure Budget because the priority for handling and recovering from the impact of the pandemic is dominant and urgent to implement. Purpose: This study aims to provide academic descriptions and recommendations to regional governments in allocating the education budget according to their authority in regional autonomy. Design/Methodology/Approach: Research methods uses normative juridical research methods based on juridical aspects such as: norms, laws and regulations, and legal theories related to the authority to allocate the education budget obtained from scientific works, books, online media, and so on related to the object the research studied. Findings: This study discusses the legitimacy of regional regulations and the legal responsibilities of regional governments that allocate an education budget of less than 20% of the Regional Revenue and Expenditure Budget. Problems arise because there are regions that have not been able to meet the education budget allocation of at least 20% of the Regional Revenue and Expenditure Budget so that the Regional Government and the Regional People's Representative Council are faced with a difficult position when setting/approving the Regional Revenue and Expenditure Budget, because it is considered to have caused delegitimization of the constitution as the highest law. Originality/Value: This research comprehensively explains the legality of regional regulations which in substance have not fulfilled the mandate of the constitution. Then, this study also explains the legal responsibilities that will be faced by regional governments due to the unfulfilled constitutional mandate.
PENGELOLA KEUANGAN DAERAH YANG BERWENANG MELAKUKAN PERGESERAN ANGGARAN DALAM KEADAAN DARURAT Nina Anggreni; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Local governments are required to always improve their adaptability, as an organization they must be able to make decisions, manage risks, encourage change and solve problems in their regions. Considering that budgeting adaptation is carried out with a fast response time, shifting the budget as an initial alternative can then be accommodated in budget changes. In order for local governments to maintain the principles of good governance, it is necessary to pay attention to the limits of authority that must be exercised by regional financial managers so that the implementation of budget shifts meets the criteria and complies with statutory provisions. This study aims to provide academic descriptions and recommendations for local governments in setting budget shift policies in emergencies. This study discusses the limits of authority and legal conformity for regional financial managers to shift budgets in emergencies. The conclusion of this study is that the regional financial manager's authority to shift the budget in an emergency is permissible, but full of limitations both on procedures or procedures, as well as limitations on authority. Meanwhile, legal conformity can be carried out in accordance with the provisions of Government Regulation Number 12 of 2019 concerning Regional Financial Management and Minister of Home Affairs Regulation Number 77 of 2020 concerning Technical Guidelines for Regional Financial Management. In order to perfect the implementation of the budget shift policy, a Regional Head Regulation concerning Procedures for Budget Shifts must be formed.Keywords: financial manager, budget shift, emergency.