scholarly journals THE AUTHORITY OF THE DISTRICT HEAD IN TO MANAGE REGIONAL OWNED ENTERPRISES

2019 ◽  
Vol 2 (2) ◽  
pp. 235-258
Author(s):  
Ryan Surya Pradhana

Law Number 23 of 2014 concerning Regional Government divides Regional-Owned Enterprises into Regional Public Companies and Regional Companies. The Regional Government Law divides government affairs into three classifications, namely absolute government affairs, concurrent government affairs, and general government affairs. Furthermore, government authority is the right and obligation of the government in carrying out government actions or actions as regulated in Article 1 point 6 jo. Article 17 through Article 19 jo. Article 1 point 8 of the Government Administration Law. Regional government authority is the implementation of government affairs as regulated in Article 1 point 5 of the Regional Government Law, which states that government affairs are governmental powers which are the authority of the President whose implementation is carried out by state ministries and administrators of Regional Governments to protect, serve, empower and prosper the community, among others through the establishment of Regional owned enterprises. Regional-owned enterprises are established through regional regulations based on regional needs and business field feasibility. Regional needs are assessed through studies covering aspects of public services and community needs. Meanwhile, the feasibility of the business sector of Regional Owned Enterprises is studied through analysis of economic feasibility, market and marketing analysis, financial feasibility analysis, and analysis of other aspects. Analysis of other aspects contains aspects of laws and regulations, availability of technology, and availability of human resources.

2020 ◽  
Vol 4 (2) ◽  
pp. 129-146
Author(s):  
Arif Nugroho ◽  
Delly Maulana

 Artikel ini mengulas Pemenuhan Elemen Necessary Conditions Kecamatan dalam penyelenggaraan pemerintahan umum baik secara nasional dan spesifik diperdalam dengan fakta empiris di Kabupaten Pandeglang, hal itu sebagai konsekuansi dari pelaksanaan Undang – Undang Nomor 23 Tahun 2014. Penelitian dilakukan dengan menggunakan pendekatan kualitatif. Hasil penelitian diketahui, penyelenggaraan pemerintahan umum Kecamatan baik fakta secara nasional serta pendalaman fakta empiris di Kabupaten Pandeglang menunjukan belum cukup tertopang oleh elemen necessary condition diantaranya kepastian atas kewenangan legalnya serta anggaran yang menyertainya. Oleh sebab itu dipandang perlu ada kemauan politik baik itu dari Presiden untuk segera mengundangkan Peraturan – Pemerintah sebagai landasan teknis bagi pemerintah daerah selaku kepala wilayah maupun dari Kepala Daerah Kabupaten/Kota untuk melakukan terobosan agar supaya di masa peralihan implementasi Undang – Undang Nomor 23 Tahun 2014 kewenangan – kewenangan pada bidang kesatuan bangsa, keamanan dan keteriban umum dapat dilimpahkan pada Kecamatan serta Elemen Necessary Conditions lain yang menyertainya diperkuat.     This article discusses the fulfillment of the elements of the sub-district's necessary conditions in the administration of general government both nationally and specifically and deepened by empirical facts in Pandeglang Regency, this is a consequence of the implementation of Law Number 23 of 2014. The research approach used is qualitative. The results showed that in the administration of district general government both the facts nationally and the deepening of empirical facts in Pandeglang district were not sufficiently supported by elements of necessary conditions, including certainty of legal authority and budget. Therefore, there needs to be political will, both from the president, to immediately ratify the Government Regulation as a technical basis for the regional government (Territory) as well as from the Head of Regency / City to make breakthroughs so that in the transitional period the implementation of Law Number 23 Year 2014 powers in the areas of national unity, security and public order can be transferred to the District and the accompanying elements of necessary conditions are strengthened.


2020 ◽  
Vol 9 (1) ◽  
pp. 110-116

The right to information is a human right as derogable right. Fulfilment of the right to information often leads to information disputes with Information and Documentation Management Officer (IDMO) as administrative officials who are given the task of managing information and documentation. Information dispute resolution becomes important to be resolved immediately because it is related to fulfilling a sense of justice and fulfilling the right to information for the community. The Establishment of the Government Administration Act (GA Act) causes the dualism of information dispute resolution. Article 53 of the GA Act will be the basis for resolving information disputes in the administrative court domain, while the Public Information Officer/PIO Act is the basis for resolving information disputes within the Information Commission domain. This dualism needs to be resolved to ensure legal certainty for the government and society as Justicia Belen. The development of dispute resolution reconstruction of information is conducted by strengthening information dispute resolution in non-litigation. Ideal information dispute resolution should be resolved first through administrative remedies (objections and administrative appeals) and through the Information Commission. The court becomes the ultimum remedium in resolving a dispute. Therefore, strengthening the Information Commission in terms of development, finance and authority is one way to strengthen the resolution of information disputes outside the court.


Lentera Hukum ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 131
Author(s):  
Era Nandya Febriana ◽  
Jayus Jayus ◽  
Rosita Indrayati

Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution. Keywords: Authority, Local Government, Management of Regional Property


2019 ◽  
Vol 17 (1) ◽  
pp. 60
Author(s):  
Isril ' ◽  
Rury Febrina ◽  
Zulfa Harirah

The partnership between the Regional Government and the private sector is a step that the Government can take as an effort to cover up the limitations in waste management in the city of Pekanbaru. The dynamics of rapid population growth have had consequences for increasing the volume of garbage to approximately 1,100 tons per day. The Pekanbaru City Government then took steps to implement partnerships with the private sector as an effort to manage waste management. However, the involvement of the private sector in dealing with waste issues actually showed a failure in 2015. In 2018, the Pekanbaru City Government again planned to submit waste management to the private sector. Therefore, this study tries to focus on two formulations of the problem, which is why the Pekanbaru City Government again delegates the authority to manage waste in the city of Pekanbaru to the private sector? And what is the right scheme for government and private partnerships in carrying out waste management in Pekanbaru City? To answer the above questions, this research was escorted by the Reinventing Government theory of David Osborne and Ted Gaebler and also the theory of Public Private Partnership. Through the case study method, this research will explore the partnership between Pekanbaru City Government and the private sector in waste management in Pekanbaru City. The results showed that the objective of the partnership between the Regional Government of Pekanbaru and third parties in waste management in the city of Pekanbaru was to overcome the inability of the Pekanbaru City Government to provide facilities and infrastructure, garbage fleets, human resources and budget constraints. Thus, the logic of this partnership leads to one of the lines of thought offered by Osborn regarding the Catalytic Government (Steering Rather Than Rowing). The scheme of success of the partnership of Pekanbaru City Government and the private sector in waste management needs to pay attention to process factors, partner factors and structural factors. Thus, waste management in the city of Pekanbaru requires a paradigm shift, from being limited to disposal to become a focus on management and utilization.


Author(s):  
Listyaningsih Dewi Pamungkas ◽  
Kismartini Kismartini ◽  
Retno Sunu Astuti

As the leader of the implementation of governmental affairs which become the authority of regional government, based on the mandate of Law Number 23 Year 2014 on Regional Government, the Head of regional government is obliged to prepare Regional Government Administration Report (RGAR) which by the central government will be used as material for evaluation and guidance to implement the administration of regional government. Batang Regency is the only Regency which for the last respective three years (2016, 2017 and 2018) has been in the 5th rank (the lowest five) in Central Java. The results of this evaluation are used as material for the Ministry of Finance in determining the Regional Incentive Fund and for the Ministry of Home Affairs in approving additional income for state civil apparatus. However, Batang Regency has not yet optimized its reporting system and Evaluation of Regional Government Administration Performance. Due to this unoptimal evaluation results on the implementation of regional Government, organizational capacity and the evaluation of the Governmental Division at Batang Regency regional Secretariat as the division who conducted the report preparation activities became the focus of this research. Qualitative descriptive method was used to describe all the symptoms / conditions which exist during the research. Moreover, the analysis was carried out through data reduction, display data and conclusion drawing / verification. Based on the results of this research, it can be concluded that the Organizational Capacity of the Government division of the Regional Secretariat of Batang Regency which involves some resources (human resources, infrastructure, technology and financial resources) and management (leadership, program and process management as well as cooperation and relationships among organizations) needs to be improved, such as conducting job analysis, increasing the quantity and quality of human resources, making more detail activities planning and budgeting as well as defending them during budget discussions, making Terms of Reference and improving effective communication skills.  


2021 ◽  
Vol 7 (2) ◽  
pp. 86
Author(s):  
Dwi Lestari ◽  
Wing Wahyu Winarno ◽  
Mei P Kurniawan

Pemanfaatan TIK secara efektif dan efisien telah digunakan untuk meningkatkan pelayanan publik yang diselenggarakan oleh Pemerintah. Pemerintah Daerah DIY telah mengembangkan aplikasi aduan E-Lapor sejak 2018, akan tetapi pengelolaanya aduan yang masuk belum terespon tepat waktu sesuai dengan SOP E-Lapor DIY dimana aduan yang masuk harus direspon paling lambat 5 hari kerja. Sehingga untuk mengetahui hambatan dan kendala dalam pengelolaan E-Lapor DIY diperlukan pengukuran kesiapan faktor-faktor dalam pengelolaan E-Lapor DIY. Suksesnya pengelolaan E-lapor DIY bukan hanya dipengaruhi oleh faktor infrastruktur TIK saja, akan tetapi faktor yang turut mempengaruhi tingkat kesiapan. Telah dikembangkan pada tingkat negara tertentu beberapa model e-readiness yang mengidentifikasi dari faktor-faktor perspektif makro. Sebelum melakukan pengukuran e-readiness terdapat hal yang krusial yang perlu dilakukan yaitu dengan pemilihan model e-readiness yang tepat. Penelitian ini menggunakan pendekatan studi literatur dengan membandingkan beberapa model e-readiness yang telah popular dan sudah sering diadopsi dalam penelitian di Indonesi. Penelitian ini akan menghasilkan sebuah rekomendasi model e-readiness Mutula Brakel yang paling sesuai untuk pengukuran kesiapan dalam pengelolaan aduan melalui aplikasi E-lapor DIY.Kata Kunci— e-lapor, e-readiness, tik, mutula dan brakel Effective and efficient use of ICT has been used to improve public services provided by the Government. The Regional Government of DIY has developed the E-Lapor complaint application since 2018, but the management of complaints that come in yet responded on time in accordance with the E-Lapor DIY procedure where the incoming complaint must be responded to no later than 5 working days. Efforts to determine the obstacles in managing E-Lapor DIY are needed to measure the readiness of the factors in managing E-Lapor DIY. The success of E-Lapor DIY management is not only influenced by ICT infrastructure factors, but also factors that influence the level of readiness. There are several e-readiness models that have been developed by identifying factors from a macro perspective at a particular country level. The selection of the right e-readiness model is an important thing that needs to be done, before measuring e-readiness. This research will compare several popular e-readiness models and are often adopted in research in Indonesia with a literature study approach. This study produces recommendations for the Mutula Brakel e-readiness model that is suitable for measuring readiness in complaint management through the E-Lapor DIY application. Keywords— e-lapor, e-readiness, ICT, mutula dan brakel


Rechtsidee ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Nadir Nadir ◽  
Win Yuli Wardani

New corruption of the autonomous regions take a place, so that the government is unable to control the regional government. This is because the lack of supervision in the area during this is becoming the main factors a trigger regional heads to conduct corruption, and abuse of authority behind legitimacy leadership kiai. In addition, people in the they felt unable to be afraid to monitor and regional leaders, because it is still of cling values trach kiai. Hence, regional head lost his control. Local government administration as the base behavior corruption behind legitimacy leadership kiai because some respects, namely: (1) of the lack of supervision of the central government towards the regional government. (2) the the breadth of affairs which is the authority of the regional government. (3) of religiousness loss of values in self leader. (4) the weak regulation criminal sanctions for investors. (5) the lack of supervision of the society to the regional government. (6) values still a cling obedience the community against the figure of kiai. While the supporters become factors behavior corruption increasingly exist in perspective regional government reversed legitimacy leadership kiai, namely: (1) an opportunity patient office / erceived opportunity. (2) desire or the will to do corruption. (3) living expenses as pressure (lavish lifestyle as a necessity / living beyond one' s means, polygamy as a cost not light, promising welfare, promising removal of civil servants for temporary, promising free health.


Author(s):  
Isnaini Isnaini ◽  
Rizkan Zulyadi ◽  
Abdul Kadir

This study is to find an alternative model of North Sumatra provincial government policy in resolving the ex-hgu land conflicts of PTPN II plantations in Deli Serdang Regency. This study is based on the fact that regional autonomy as regulated in Law Number 23 of 2014 gives the authority to the regional government in autonomy to resolve disputes over arable land in their territories. One of them relates to ex-HGU PTPN II land disputes starting in 2002 with the Central BPN Decree number 42, 43 and 44 / HGU / BPN / 2002 and Decree Number 10/2004 regarding the granting of an extension of the term of the Right to Cultivate (HGU) covering an area of 5,873 , 068 Ha from PTPN II HGU. However, the problem arises because of legal uncertainty over the distribution of land that had expired during the PTPNII HGU, so that horizontal or vertical conflicts (community cultivators, PTPN II, government and developers) occurred. From the results of the study, it was concluded that first, the ineffective model of handling policies that are appropriate, fast, and comprehensive is carried out by the government. This relates to the problem of land conversion where there is a lack of orderly administration and past land data. So that each party has its own claim on land ownership and ownership. Both the boundary and location of land parcels. Second, legal uncertainty, that there are legislation that overlaps both horizontally and vertically as well as regulated substance


PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 80-88
Author(s):  
Okta Ainita

ABSTRACT Breastmilk, which is called as Exclusive Breastmilk is given to baby since the day baby is born until 6 (six) months without adding and / or replacing with other foods or beverages. Governments are responsible for setting policy in order to guarantee the right of infants and children to get the exclusive breastmilk. Regulatory Policy Regions in Lampung Province related to exclusive breastfeeding is still less effective. Coverage of babies who get exclusive breastfeeding in Lampung Province in 2015 is amounted to 57.70%, which is still below the figure from the expected target as 80%. The Government policy on provision of special breastfeeding facilities in the workplace and public facilities for its implementation has not been fully implemented in accordance with the provisions prevailing laws and regulations. Particularly in the Province of Lampung, based on the observation of researchers, there is an office providing nursery room, but the standard is not good enough and also the facilities in it are not yet eligible. In line with that, the nursery room which exist in public places like terminal, shopping center, tourist attractions, hotels still do not provide specific facilities for breastfeeding activity. The law enforcement against the disfunction of working places and public places which do not provide nursery room like private sector, government offices, regional government as well is still going on. As the conclusion, the lack of opportunity given by the respective institutions still reflect that breastfeeding mothers still have no proper opportunity to deliver their rights in using the facilities. It also could be said that the regulation has not been running the way it should be regarding the existing regulations.


2021 ◽  
Vol 3 (2) ◽  
pp. 20-31
Author(s):  
Husni Mubaroq ◽  
Sohibul Watoni ◽  
Zairotul Hasanah

The concept of decentralization is the authority of the government that is delegated to the regions, including the authority of personnel in accordance with the decentralized functions. The regional head has the task of being a coach of the State Civil Apparatus in the concept of decentralization. There was a case that the Mayor of Probolinggo issued a decree to remove Tutang Heri Aribowo, who served as an Expert Staff at the Regional Secretariat of the City of Probolinggo. The Regional Government as a civil servant coach tends to abuse its authority. This happens because there is the influence of the political elite in giving disciplinary punishment to employees. The author wants to describe the problem in a study that uses descriptive analytical methods, namely descriptions of the facts and characteristics of a particular population or area in a systematic, factual and thorough manner. The data in this study collected materials by means of a library study. This study also uses a normative juridical method with a statutory approach. So that in this study we know the legal basics of this problem. In order to know the proper process and institution related to the case problem. This aims at employee disputes on the right track and there is no arbitrariness by the ASN supervisor. Keywords: Employment Disputes, Authority, Personnel Advisor


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