Kewenangan Desa

Theme: Politics and Governmental Issues

Sub Theme: Governmental Systems and Practices

THE INTERNATIONAL CONFERENCE ON SOCIAL POLITICS (ICSP)

Yogyakarta. 26-28 JANUARY 2016

A B S T R A C T

Village Authority Based on Indigenous  Right and Local Scale Authority:

Implications of Law No. 6/2014 toward Village Authority

Dr.  Kushandajani

Lecturer of Government Science, Faculty of Social and Political Sciences, Diponegoro University, Semarang, Indonesia. Email: ningpemfisip_undip@yahoo.co.id

Law No 6/2014 constructs village authority into four forms in which  the most important forms are indigenous or original village authority and village based local authority. This form includes authorities in  village government functions, village development management and village  social empowerment. State legal construction is in practice already implemented by village government. This research is therefore design to provide a bridge between state  construction and village society construction in regard to these village authorities.  This research occupies qualitative type by using emic method and interviews with  key informants as well as  focused group discussion (FGD). Locations of research are in two villages, namely Pekuncen and Lerep.

Research results show that there is different conditions in implementing village authorities between Pekuncen and Lerep Villages. In Pekuncen Village, there is good synergy between indigenous rights and formal village authorities. This may happen since the people of Pekuncen village are coming from the same tribe, namely Bonokeling.  In Pekuncen village, indigenous or original village authorities are embedded with  the formal village authority functions so that  it has difficulty to distinguish between the two authorities. However, Pekuncen village can  not be mentioned as indigenous village (desa adat) because the government process has already implemented village law and regulation. Lerep Village is having deferent picture. Lerep is village that very fast in responding to the modernization and development of village authorities since there is a high demand for public services and developments. Lerep is very closed to the capital city of Semarang Regency, Ungaran, but this village is still formed as a village, not a city. The village life  still takes place in Lerep as early formed in the government village system.

This research concludes that village authorities can not be implemented in the same way with local government decentralization. This is because village original or indigenous rights have already came firstly prior to local government decentralization or autonomy. Importantly, indigenous or original village construction should be integrated in state construction (by law) in order to effectively operate village governance. The principal of law recognition is pivotal to be implemented, namely the central and local governments recognize the village original or indigenous village authorities in order to guarantee the village government management will be conducted well. This conclusion or research findings contribute to the science of government, particularly in the  importance of authority integration between indigenous and the formal authorities by law.

Keywords: village governance, village authority, village original rights, village  government functions, village based local authority.

Tentang Kushandayani

Lahir di Purwokerto, alumni SMA 2 Purwokerto angkatan 1981. Alumni Fisip Undip 81, bekerja sebagai dosen di almamater sejak 1986.
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