PROBLEMS AND SOLUTIONS IN THE ESTABLISHMENT OF VILLAGE RULES

PROBLEMS AND SOLUTIONS IN THE ESTABLISHMENT OF

VILLAGE RULES

I. Ngh. Suantra

1. Introduction

The Village Regulation is one of the laws and regulations in the village which is determined by the Head of Village after being discussed and agreed with the Village Consultative Body (Article 1 point 6, and Article 2 of the Minister of Home Affairs Number 111 of 2014 (Permendagri 111/2014). Village regulations contain material on the implementation of village authority and further elaboration of higher laws and regulations (Article 4 Permendagri 111/2014), so they should not be contrary with the public interest and/or higher statutory provisions. Therefore, the draft of village regulation containing the Village Revenue and Expenditure Budget (APB Desa), levies, spatial planning, and village government organizations must obtain an evaluation from the Regent before being stipulated as a Village Regulation (Article 69 of Law No. 6 of 2014). The draft of village regulations is initiated by the Village Government, but the BPD also has the right to do so. The draft of village regulations must be consulted with the community or community groups directly related to the content to be regulated.

The technique of forming the village regulations is not regulated in Law No. 6 of 2014, Government Regulation No. 43 of 2014, and Permendagri 111/2014, but must refer to Law No. 12 of 2011 (Law No. 12 of 2011) concerning the Establishment of Legislative Regulations Jo. Law of the Republic of Indonesia Number 15 of 2019. This is clearly stipulated in Article 32 of the Permendagri 111/2014. In practice, village government officials and BPD members do not yet have the knowledge and skills in forming village regulations. Therefore, the village regulations that were formed contained inconsistencies with Law No. 12 of 2011.

Mistakes in the Formation of Village Regulations

The formation of Village Regulations requires special expertise regarding the standard techniques for the formation of laws and regulations as stipulated in Law No. 12 of 2011 so that village regulations are formed in accordance with legal rules in statutory regulations. The existing village regulations show that there are deviations in the formation, both in the formulation of the title, the introduction, and in the body. In addition, there are also technical errors such as the use of punctuation and font type and others.

In Bongan village, the Bongan Village Regulation Number 3 of 2020 concerning the Village Medium-Term Development Plan for 2020-2026 contains things that are not in accordance with the provisions of Law No. 12 of 2011. This can be seen from the formulation of the section on the Considerations, Legal Basis, and formulation of norms in the body. In addition, there are forms that are not in accordance with Permendagri 111/2014. Similarly, Perdes Kayubihi Bangli No. 9 of 2020 concerning APBDES 2020, Perdes Bukit No. 5 of 2019 concerning APBDES for Fiscal Year 2020, and Perdes Pertima No. 4 of 2020 concerning the Second Amendment to the APBDES for the 2020 Fiscal Year.

Those problems, for example in the Kayubihi Village Regulation No. 9/2020 there are errors, among others, regarding the use of punctuation marks (.) in the consideration of the letter c. It is not in accordance with Provision No. 22 Annex II of Law no. 12 of 2011, that each main idea ends with a semicolon. On the other hand, in the Dictum Specify less punctuation period (.). It is not in accordance with the rule of law No. 58 Law no. 12 of 2011, that the types and names listed in the title of the Village Regulation are included again after the word Define and ended with a period punctuation mark.

Bukit Village Regulation No. 5/2019 contains several technical errors, including the use of a dot punctuation at the end of the letter b incorrectly, it should be a semicolon; at the end of the consideration section the letter c is missing a semicolon; and lacking semicolon punctuation on some of the legal grounds in the considering section. Especially the last one is not in accordance with Provision No. 52 Appendix II of Law No. 12 of 2011. There it is determined that "If the legal basis contains more than one statutory regulation, each legal basis begins with the Arabic numerals 1, 2, 3, and so on, and ends with a semicolon." The Considering section does not contain the juridical point of view. This is not in line with the rule of law no. 19 Law no. 12 of 2011. The main idea of ​​the consideration contains philosophical, sociological, and juridical elements which are the considerations and reasons for the formation of the Village Regulation. These points of view are mandatory because Perdes No. 5/2019 is an attribution village regulation.

Pertima Village Regulation No. 4/2020 uses the Instruction of the Minister of Home Affairs of the Republic of Indonesia Number 3 of 2020 concerning Covid-19 Management in Villages through the Village Revenue and Expenditure Budget as the legal basis for the formation. It was a fatal mistake because it was not in accordance with Law no. 12 of 2011, which is used as a legal basis only laws and regulations of the same or higher level. Thus, only statutory regulations can be used as a juridical basis. Even with equal or higher qualifications. Lower statutory regulations cannot be used, what else is not statutory regulations such as policy regulations and decisions. The ministerial instruction is a policy regulation, so it cannot be used as a legal basis for the formation of a village regulation.

Another problem is that the mechanism for drafting a village regulation is not in accordance with Permendagri 111/2014. The preparation is not based on the planning set out in the Village Government Work Plan (RKP Desa), but is based on needs. For example, the drafting of village regulations regarding village authority. This has an impact on the process of making the RKP and RPJMDes, and it can even result in out of sync with village regulations. Shandra Lisya Wandasari (2013: 147) emphasized that the formation of regulations should show synchronization with legal systematics and with the principles of statutory regulations.

Solutions to Problems in Establishing Village Regulations

Solutions are proposed based on the factors that cause problems in the formation of village regulations. The error was caused by the lack of knowledge and skills possessed by village government officials and BPD members. The education of village officials from financial staff to Perbekel and BPD in general is mostly high school education or its equivalent. On the other hand, the least is a bachelor's degree. For example, in Bongan Village, village apparatus education consists of: 1 (one) person each from SE, S. Sos., and S.H. The rest, as many as 17 people whose education is unknown. So, only 3 (three) officials are graduates. Educational data in the KK consists of: SLTA/Equivalent 2457, Diploma I/II 91, Academy/Diploma III/Bachelor 154, Diploma IV/Strata I 534, and Strata II totaling 28 people (2021:1). So the highest number is the population with a high school education/equivalent, which is 33.76%, on the contrary, the least is Strata II, which are 28 people or 0.38% of the total population in the KK.

Therefore, the solution that can be given is to provide training and assistance to village officials in the formation of village regulations. Training on the formation of village regulations (Village Legislative Drafting) (2021:1) is very important for village government officials and members of the BPD so that the village regulations stipulated are in accordance with the principles and in accordance with the rule of law and reflect justice so that they are effective. The main weakness in the preparation of village regulations are in the formulation of the consideration section and the point of view section. Apart from not referring to Permendagri 111/2014, it also does not contain philosophical and sociological ideas that reflect the reasons and objectives for the formation of the village regulation. The formulation of the purpose of forming a village regulation is very significant because the law is a means of realizing the community's ideals of a sense of security, order, justice and independence which must be guaranteed and carried out by village authorities (Ashadi L. Diab, 2014: 55). The goal must be clear, fulfill the wishes of the community in order to create fair certainty so that it can provide benefits for the entire community (Ferry Irawan Febriansyah, 2016: 222).

Conclusion

Village regulations are the actualization of village authority and/or the implementation of higher laws and regulations in order to realize the welfare of village residents. The formation of village regulations requires an understanding of the rules and techniques of drafting as well as skills in drafting village regulations. However, village government officials and BPD members do not yet have sufficient knowledge and skills to form village regulations. As a consequence, the village regulations that have been established contain deviations from Law no. 12 of 2011. Therefore, training and assistance in the formation of village regulations should be carried out to increase understanding of the materials and techniques of preparation so that village regulations are successfully compiled that are of good quality, aspirational, responsive, obedient to principles, vertically and horizontally synchronous, and philosophically accountable. juridical, and sociological.