Making Model of Village Regulation based on Good Village Governance in Indonesia

Abstract

In Article 1, Sub-Article 7, Act Number 6 2014 on Villages, it said that the Village Regulation is a regulation stipulated by the Urban Village Head after being discussed and agreed with the Village Consultative Body. The determination of the Village Regulation is an elaboration of the various authorities which are owned by the Village which refers to the provisions of the higher legislation. As a legal product, Village Regulation should not conflict with the higher regulations and should not harm the public interest, or the general interest as mentioned in Act Number 6 2014 on Villages which are: a. the disruption of communal harmony; b. the disruption of access to public services; c. the disruption of public order and tranquillity; d. the disruption of economic activities to improve the welfare of village communities; and e. the discrimination against tribe, religion, belief, race, intergroup, and gender. Village Regulations govern the village authority based on the right of origin and village local-scale authority. The implementation is supervised by the village communities and Village Consultative Body. It is intended to make the implementation of the Village Regulation always monitored continuously by local villagers because village regulations are set for the benefit of the village community as a whole. The provisions on the right of origin are explained as "the right of origin" which is a living legacy and the initiative of the village or the initiative of the village's society in accordance with the development of community life, including indigenous peoples' organisational systems, institutions, customary law, the ground of the village's treasury, and agreements in village life as well. The meaning of "village-scale local authority" is the authority to regulate and manage the interests of the village community that has is conducted by the village, is able and effective when conducted by the village or what has arisen because of the development of the village and the village community, such as boat moorings, the village market, public baths, irrigation canals, environmental sanitation, preand postnatal health care and information, art and learning centres, and village libraries, village retention basins, and village roads. In the context of good village governance, the village regulations should reflect: 1) Participation; 2) Law enforcement (rule of law); 3) Transparency; 4) Responsive; 5) Consensus orientation; 6) Equity; 6) Effectiveness and efficiency and 7) Accountability and strategic vision. The ways and mechanisms for the formulation of village regulations that reflect the principles of good village governance will be explained further in this study, in the pre-establishment stage, establishment stage, and post-establishment stage of village regulations.

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