CD Skripsi
Politik Hukum Peletakan Titik Berat Otonomi Daerah Dalam Undang – Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah
ABSTRACT
In Article 14 of Law No. 23/2014 which states that there is a transfer of several authorities that were previously placed in the district/city government and then transferred to the central government and provincial governments. This has led to the weakening of constitutional rights for autonomy to the widest possible extent for regencies/cities, attracting many government affairs that have been delegated to regencies/municipalities but after the enactment of Law No. 23/2014, changes to the authority of districts/cities in the forestry, fisheries and marine sectors, resulted in the weight of regional autonomy in districts/cities is abolished. The purpose of this research is to find out where the emphasis of regional autonomy as a whole in Law No. 23/2014 is, then to find out the legal politics of the transfer of some of these powers and determine the ideal placement of some of the powers that have been transferred.
The type of research conducted is normative legal research, also known as doctrinal legal research, namely legal research that uses data based on library research by taking quotes from the literature related to the problem to be studied. Thus, this study uses secondary and tertiary data sources. This study also uses qualitative data analysis and produces descriptive data.
From the results of the discussion and research conducted, there are several conclusions obtained, namely: First, in the general explanation of Law No. 23/2014 there is no explicit statement that regional autonomy is focused on districts/cities. Second, the legal politics of the transfer of several authorities, namely in Law No. 32/2004, the authority to regulate government affairs is "transferred" from the central government to the district/city government, which then Law No. 23/2014 "withdraws" the authority from the district/city government to provincial government. What is meant by government affairs that are only autonomous to provincial regions are government affairs in the forestry, marine and energy and mineral resources sectors which are divided between the central government and provincial regions. Third, the ideal position of the transfer of authority in the fields of forestry, marine and energy, and mineral resources is in the districts/cities. This is because Article 14 of Law No. 23/2014 contradicts the 1945 Constitution of the Republic of Indonesia which requires that the implementation of decentralization must reach the district/city level of government.
Keywords: Legal Politics - Emphasis - Autonomy
Tidak tersedia versi lain