KEDUDUKAN PERATURAN DESA DALAM STRUKTUR PERATURAN PERUNDANG-UNDANGAN

Moh Rizqi Raelami, NIM.: 18103040143 (2024) KEDUDUKAN PERATURAN DESA DALAM STRUKTUR PERATURAN PERUNDANG-UNDANGAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

As a state of law, all forms of policy relating to state management in Indonesia must have a legal basis, especially in terms of the hierarchy of legislation. However, the authority of the village government in issuing its regulations is considered to have no legal basis from higher regulations. Law No. 12/2011 on the Formation of Legislation does not explicitly regulate village regulations as part of state policy. On the other hand, the village is the smallest unit of government that should have the force of law. Based on this, this research discusses two things, namely the position of village regulations in the structure of legislation in Indonesia, and the urgency of village regulations in the implementation of village governance. This research is a literature study (library research) by making written literature as a source of research. This type of research is descriptive analysis, which reveals the laws and regulations related to village regulations as the object of research. While normative juridical is used as an approach in this research, which examines the position of village regulations in the structure of Indonesian legislation. Primary legal materials used are Law No. 6/2014 on Villages; Law No. 12/2011 on the Formation of Village Regulations; and Law No. 15/2015. The results of this study indicate that: first, the position of Village Regulations after the enactment of Law No. 12 of 2011 although juridically normative is not explicitly recognized in Law No. 12 of 2011, but several previous laws have recognized its existence, including Law No. 10 of 2004 concerning the Formation of Legislation, Second, Village Regulations are important in terms of the Implementation of Village Government Affairs. The urgency of this Village Regulation is to carry out government functions in the village, which are tasks of assistance originating from a higher level of government, namely the regency/city. Law Number 6 of 2014 concerning Villages provides space for villages and village officials to be creative and have a legal basis in terms of improving village welfare, as the lowest unit of state administration in Indonesia.

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