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Sihombing, Rizky Darmawansyah
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Law, Crime, Criminology & Criminal Justice

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OPTIMIZATION OF THE ROLE OF THE VILLAGE CONSULTATIONAL BODY IN THE VILLAGE GOVERNMENT SYSTEM REVIEWED FROM THE PRINCIPLE OF CHECK AND BALANCE Sihombing, Rizky Darmawansyah
NOMOI Law Review Vol 5, No 1 (2024): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19398

Abstract

The implementation of village government is not only absolutely carried out by the village head, but there is a role for the Village Consultative Body in running the village government system. The Village Consultative Body, which is the representative of the village community, has the authority granted directly by Law No. 6 of 2014 concerning Villages. Furthermore, the village consultative body is also commonly known as the legislature within the scope of village government. So that on this basis, in running government in the village, the principle of checks and balances should be implemented. so that BPD can play a preventive role in potential abuse of power at the village level. This research also uses normative legal research and a statutory approach. So this research aims to find out the extent to which the law regulates village consultative bodies and also the application of the principle of check and balance in the administration of village government. In fact, the existence of the Village Consultative Body is recognized as stated in Law No. 6 of 2014 concerning Villages. So BPD is a constitutional institution in the constitutional system in Indonesia. Furthermore, the implementation of checks and balances in the village government environment should be able to occur. Considering the role and function of the village Consultative Body which includes a controlling function for the administration of government at the village level.
PROBLEMATICS OF LIMITING THE QUANTITY OF VILLAGE HEAD CANDIDATES BASED ON THE PROVISIONS OF ARTICLE 23 PARAGRAPH 1 OF THE REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 112 OF 2014 CONCERNING VILLAGE HEAD ELECTIONS Sihombing, Rizky Darmawansyah; Nasution, Mirza; NAM Sihombing, Eka
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24774

Abstract

Village Head Election in Indonesia still has several problems. Not only at the application level, but also from the regulation still has problems. The limitation of the quantity of Village Head candidates will not be found in Law No. 6 of 2014 concerning Villages, but the regulation related to this limitation can be found in its derivative regulations, namely Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages and Regulation of the Minister of Home Affairs Number 112 of 2014 concerning Village Head Elections. So that with the limitation regulations regulated in the derivative regulations of Law No. 6 of 2014, there is a potential for a conflict of norms between the Law and the PP. thus causing legal uncertainty regarding the number of village head candidates. This study uses a normative legal research method with a statutory regulatory approach. The results of this study indicate that in the provisions of Law No. 6 of 2014 concerning Village Heads, especially in the section on the requirements for Village Head candidates, there are no regulations related to the limitation of the quantity of Village Head candidates. So this regulation opens up opportunities for village communities who are declared to meet the requirements to be able to participate in the village head election. The regulation relating to the limitation of the number of village head candidates as regulated in the derivative regulation of Law No. 6 of 2014 concerning villages can be categorized as contradictory and inconsistent with the principle of lex superior derogate legi inferiori because Law No. 6 of 2014 as its main regulation does not provide a limit on the maximum number of village head candidates .
Co-Authors NAM Sihombing, Eka Nasution, Mirza