IMCoSS
THE THIRD INTERNATIONAL MULTIDISCIPLINARY CONFERENCE ON SOCIAL SCIENCES
5 - 7 JUNE 2015
3 rd
BANDAR LAMPUNG UNIVERSITY INDONESIA
PROCEEDINGS
ISSN : 2460-0598
Hosted by :
• Faculty of Teacher Training and Education
• Faculty of Economics and Business
• Faculty of Law
• Faculty of Social and Political Sciences
incooperation with
INDONESIA NETHERLANDS MALAYSIA THAILAND PAKISTAN
3 IMCoSS 2015
The Third International Multidisciplinary Conference on Social Sciences
5, 6 June 2015
Bandar Lampung University (UBL) Lampung, Indonesia
PROCEEDINGS
Organized by:
Bandar Lampung University (UBL)
Jl. Zainal Abidin Pagar Alam No.89 Labuhan Ratu, Bandar Lampung, Indonesia Phone: +62 721 36 666 25, Fax: +62 721 701 467
website :www.ubl.ac.id
The Third International Multidisciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015
Bandar Lampung University
ISSN 2460-0598
PREFACE
The Activities of the International Conference are in line and very appropriate with the vision and mission of Bandar Lampung University (UBL) to promote training and education as well as research in these areas.
On behalf of the
The Third International Multidisciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015 organizing committee, we are very pleased with thevery good response especially from the keynote speaker and from the participans. It is noteworthy to point out that about 112 technical papers were received for this conference.
I would like to express my deepest gratitude to the International Advisory Board members, sponsor and also to all keynote speakers and all participants. I am also gratefull to all organizing committee and all of the reviewers who contribute to the high standard of the conference. Also I would like to express my deepest gratitude to the Rector of Bandar Lampung University (UBL) who give us endless support to these activities, so that the conference can be administrated on time
Bandar Lampung, 6 June 2015
Mustofa Usman, Ph.D Chairman of 3rd IMCoSS 2015
PROCEEDINGS 3 rd IMCoSS 2015
The Third International Multidisciplinary Conference on Social Sciences
5, 6 June 2015
INTERNATIONAL ADVISORY BOARD
M. Yusuf S. Barusman, Indonesia Andala R.P. Barusman, Indonesia
Mustofa Usman, Indonesia Khaliq Ahmad, Malaysia Muhammad Azam, Pakistan
John Walsh, Thailand Agus Wahyudi, Indonesia
Harpain, Indonesia Susanto, Indonesia Hayyan Ul Haq, Netherlands Ida Madhieha A Ghani Azmi, Malaysia
Andrik Purwasito Antonius PS. Wibowo, Indonesia
Torla Bin Hj.Hassan, Malaysia Lintje Anna Marpaung Indonesia
Bambang Hartono, Indonesia Erlina B, Indonesia Zulfi Diane Zaini, Indonesia
Agus Wahyudi, Indonesia Harpain, Indonesia Khomsahrial Romli, Indonesia
Ida Farida, Indonesia I Gusti Ayu Ketut Rahmi, Indonesia
Zainab Ompu Jainah, Indonesia Iskandar AA, Indonesia Habiburahman, Indonesia M. Achmad Subing, Indonesia
Angrita Denziana, Indonesia
The Third International Multidisciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015
Bandar Lampung University
ISSN 2460-0598
PROCEEDINGS 3 rd IMCoSS 2015
The Third International Multidisciplinary Conference on Social Sciences
5, 6 June 2015
GENERAL COMMITTEE Executive Advisory Dr. Ir. M Yusuf S. Barusman, MBA Dr. Andala Rama Putra, SE, M.A, Ec.
Dr. Lintje Anna Marpaun, SH., MH.
Drs. Thontowie, MS
Chairman Dr. Hery Riyanto, MT
Secretary Bery Salatar, S.Pd.
STREERING COMMITTEE
ChairmanMustofa Usman, Ph.D
SecretarySusanto, SS, M.Hum, MA, Ph.D
Technical Committee of Law Division
Dr. I Gusti Ayu Ketut Rachmi Handayani, SH., MH
Dr. Erina Pane, SH., MH Dr. Bambang Hartono, SH., M.Hum.
Dr. Zulfi Diane Zaini, SH.,MH Dr. Zainab Ompu Jainah, SH., MH
Dr. Tami Rusli, SH.,M.Hum
Dr. Erlina B, SH.,M.Hum
Technical Committee of Economics, Business, and Management Division
Prof. Dr. Sudarsono Dr. Andala Rama Putra, M.A, Ec.
Dr.Lindrianasari, S.E., M.Si.,Akt. CA Dr. Angrita Denziana, SE.,MM., Ak, CA
Dr. Iskandar Ali Alam, MM Tina Miniawati, SE., MBA.
Dra. Rosmiati Tarmizi, MM, Ak.
Afrizal Nilwan, SE,,M.Ec., Akt.
Technical Committee of Social Sciences Division
Dr. Yadi Lustiadi, M.Si.
Dr. Supriyanto, M.Si.
Dr. Ahmad Suharyo, M.Si.
Dr. Wawan Hernawan, M.Pd.
Dr. Dra. Ida Farida, M.Si.
Technical Committee of language, Teaching and Education
Susanto, SS, M.Hum, MA, Ph.D
Deri Sis Nanda, SS., MA., Ph.D Hery Yufrizal, Ph.D
Harpain, MA Helta Anggia, MA
Yanuarius Yanu Dharmawan, M.Hum
Dameria Magdalena S., M.Pd
The Third International Multidisciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015
Bandar Lampung University
ISSN 2460-0598
PROCEEDINGS 3 rd IMCoSS 2015
The Third International Multidisciplinary Conference on Social Sciences
5, 6 June 2015
ORGANIZING COMMITTEE
ChairmanDrs. Harpain, MAT, MM
SecretaryTissa Zadya, SE, MM
Treasure
Samsul Bahri, SE
AdministrationProceedings and Certificate Distribution
Dina Ika Wahyuningsih, S.Kom
Tri Nuryati, S.Kom Ida Nahdaleni
Vida Cancer Agung Saputra Desi Anggraini Indah Satria, SH Nurdiawansyah, SE
Receptionist and Registration
Rifandy Ritonga, SH, MH Dra. Agustuti Handayani
Haninun SE, MS. Ak Hepiana Patmarina, SE., MM
Kartini Adam, SE Cyntia Jonathan
Sponsorship & Public Relation
Ir. Indriati A. Gultom, MM
Yulia Hesti, SH.,MH
Indah Satria, SH
Special Event
Deri Sis Nanda, SS., MA., Ph.D
Helta Anggia, S.Pd., MA Dameria Magdalena S, M.Hum
Khairudin, SE., M.S.Ak Aminah, SE. M.S.Ak Tia Erisna, SE. M.Si., Ak Olivia Tjioener, SE. MM.
Drs. Suwandi, MM Dra. Azima D., MM Risti Dwi Ramasari, SH.,MH
Siti Rahmawati, SE Arnes Yuli V., S.Kom., .M.Kom
Recca Ayu Hapsari, SH., MH Benny Karya, SH., MH Mellisa Safitri, SH., MH
Transportation &Accommodation
Irawati, SE
Zainal Abidin, SE Desi Puspitasari, SH
Consumption
Dra. Yulfriwini, MT Susilowati, ST., MT
DocumentationNoning Verawati, S.Sos, MA
UBL Production
The Third International Multidiciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015
Bandar Lampung University (UBL)
ISSN 2460-0598
Table Of Content
Preface ... ii
International Advisory Board ... iii
Steering Committee... iv
Organizing Committee ... vi
Table of Content ... viii Keynote Speaker :
1. Cultural Tourism and Trade in Indigenous People’s Art and Craft: A Gap Analysis of International Legal Treatise and National Legislation –
Ida Madieha bt. Abdul Ghani Azmi ... I-1 2. Contrasting Islamic Leadership Styles (An Empirical Study Of Muslim
Majority And Minority Countries) - Khaliq Ahmad ... I-10 Paper Presenter :
ECONOMICS :
1. An Analysis of The Influence of Aggregate Expenditure Regional Gross
Domestic Product Growth In The Lampung Province – H.M.A. Subing ...II-1 2. Effect on The Quality of Passenger Satisfaction (Study in Radin Inten II
Airport South Lampung) – Ardansyah and Stefanny Ellena Rushlan ...II-7 3. Factors That Affect Longevity Of Business Relationships –
Margaretha Pink Berlianto and Innocentius Bernarto ... II-12 4. Millennials Green Culture: The Opportunity And Challenge (A Case Study
Of Higher Education Student) - Ika Suhartanti Darmo . ... II-21 5. Preferences Prospective Students In Choosing The Study Program
(University X In Bandar Lampung) - Indriati Agustina Gultom and Wahyu
Pamungkas ... II-29 6. The Effect Of Growth, Profitability And Liquidity To Bond Rating Of The
Banking Firms Listed On The Indonesian Stock Exchange (Period 2009-
2013) - Syamsu Rizal and Winda Sutanti ... II-34 7. The Influences Of Investment On Regional Gross Domestic Product
(RGDP) In Lampung - Habiburrahman ... II-42 8. The Influences Of Bank Product Socialization And Electronic Payment
System Quality On Intention To Use E-Money In Indonesia - Cynthia
Jonathan, Rina Erlanda and Zainal Arifin Hidayat ... II-46 9. The Influence Of Inflation, GDP Growth, Size, Leverage, And Profitability
Towards Stock Price On Property And Real Estate Companies Listed In
Indonesia Stock Exchange Period 2005-2013 - Herry Gunawan Soedarsa
and Prita Rizky Arika ... II-50 10. The Influence Of Investment Opportunity Set (IOS) And Profitability
Towards Stock Return On Property And Real Estate Firms In Indonesia
Stock Exchange - Grace Ruth Benedicta, Herlina Lusmeida ... II-57 11. The Influence Of Prosperity And Finacial Performance With Respect To
Equalization Funds Of The Government District/City In All Southern
Sumatra Regions - Rosmiati Tarmizi, Khairudin and Felisya Fransisca ... II-66 26. The Influence of The Financial Performance and Macroeconomic Factors
To Stock Return - Angrita Denziana, Haninun, and Hepiana Patmarina ... II-73 27. The Economical Analysis Of Mechanization In Land Preparation For
Plantation - M.C. Tri Atmodjo ... II-81 28. The Performance of Undiversified Portfolio In Indonesia Stock Exchange -
Budi Frensidy ... II-84 29. An Analysis of Fast Improvement Program of Human Resources for
Employee Satisfaction of PT. PLN ( Persero ), Bandar Lampung Power
Sector - Sapmaya Wulan and Kiki Keshia ... II-89 30. Engineering Model of Economic Institution Insugarcane Agribusiness
Partnership (Case Study on Sugar Cane Agribusiness Partnership
between Farmers Cooperative and Sugar Factory in Way Kanan Regency
of Lampung Province-Indonesia) – Syahril Daud and Adrina Yustitia ... II-97 LAW :
1. Analysis Of Convict’s Rights In Judicial Review Of Narcotics Criminal Case
- Yulianto ... III-1 2. Comparison Of Authority Of The Conditional Court In India And Thailand
In Judicial Review – Indah Satria ... III-4 3. Criminal Law Policy As An Effort Of Overcoming Crime Towards
Protected Animals - Benny Karya Limantara and Bambang Hartono ... III-9 4. Decentralization Evaluation in Indonesia : The Dynamics of Relation
Central Government and Local Government - Dewi Nurhalimah ... III-15 5. Denial Of Labor Rights By Liberal Legal Regime In The Outsourcing
System - Cornelius C.G, Desi Rohayati and Ricco Andreas ... III-20 6. Design Of The Special / Special For Inclusion In The System Of The
Republic Of Indonesia By Constitution Of The Republic Of Indonesia 1945
- Baharudin ... III-22 7. Dilemma of State Sovereignty Protecting the Homeland Indonesia
(Studies Agrarian Constitution) - FX. Sumarja ... III-27 8. From State Sovereignty To People Sovereignty: The Development of State
Control Doctrine in Indonesia Constitutional Court Decision - Utia
The Third International Multidiciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015
Bandar Lampung University (UBL)
ISSN 2460-0598
9. Law Function As Instrument To Build a Stability of Moral Economy in
Globalization Era - Hieronymus Soerjatisnanta and M Farid Al-Rianto ... III-36 10. The Analysis Of Criminal Liability For Crimes Perpetrators Of The Crime
Of Human Trafficking – Dharma Saputra ... III-45 11. The Death Penalty: Pancasila, With Efforts To Eradicated Drugs -
Anggun Ariena R. and Ade Oktariatas Ky ... III-48 12. The Existence of Government Regulation in Liew of Law or Peraturan
Pemerintah Pengganti Undang-Undang (Perppu) in Legal Systems of the
Republic of Indonesia - Rifandy Ritonga ... III-53 13. The Fulfilment Of The Right To Health Services Through Control Of
Ombudsman Functions In The Region - Agus Triono ... III-57 14. The Tort Of Multimodal TransportatioAgreement -
Dio Adewastia Fajaranu ... III-64 15. Uprising Of Village Democracy: Challenge And Opportunities For Village -
James Reinaldo Rumpia ... III-70 16. Comparative Law of Cartels between Indonesia and Japan (Review of Act
No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and the Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade" (Act No. 54 of 14 April 1947) )
- Recca Ayu Hapsari ... III-77 17. The Role Of Adat Community As The Part Of Normative Systems In Paser
- Melisa Safitri ... III-83 SOCIAL SCIENCE :
1. An Using E-CRM To Improve Market Value Companies (Research Study at EF Bandar Lampung) - Ruri Koesliandana, Arnes Y. Vandika, and Dina Ika
Wahyuningsih ... IV-1 2. Analysis Of The Quality Of Public Health Field – Siti Masitoh ... IV-4 3. Charges Of Indonesia Labor / Workers Against Proper Living Needs That
Can Meet The Minimum Wage – Agustuti Handayani ...IV-13 4. Community Response On Changes Regional Head Election System (Study
On Environmental Public Housing Way Kandis Bandar Lampung) -
Wawan Hernawan and Mutia Ravenska ...IV-16 5. Compensation Policy Implementation Of Fuel Oil, In The District Konawe,
Southeast Sulawesi Province (Study on Implementation of Direct Cash
Assistance) – Malik and Noning Verawati ...IV-21 6. Crowd Funding, Social Entrepreneurship and Sustainable Development -
Hery Wibowo ...IV-29 7. Euphoria and Social Media Related to Organizational Effectiveness, Based
on Gangnam Style Case - Astadi Pangarso and Cut Irna Setiawati ...IV-32
8. Financial Management In Public And Private Junior High Schools -
Suwandi and Soewito ...IV-40 9. Gender Mainstreaming In Glasses of Public Administration at Banten
Province - Ipah Ema Jumiati ...IV-47 10. Impact From Social Media To Social Life -
Eka Imama N, Ade Kurniawan, Yoga Dwi Goesty D.S, and Arnes Y. Vandika ...IV-56 11. Implementation of Public Private Partnership in The Management Market
RAU (Rau Trade Center) In Serang City - Rahmawati ...IV-59 12. The Values Of Democracy In The Implementation Local Political Agenda
In Kendari - Jamal Bake ...IV-67 13. Evaluation Of Health Services Regional Public Hospital Besemah in Pagar
Alam City of South Sumatra -
Yuslainiwati, Budiman Rusli, Josy Adiwisastra, and Sinta Ningrum ...IV-77 14. The Impact Of It Social Network Path In The Students Of Community -
Arnes Yuli Vandika ...IV-82 15. The Development of Women’s Participation in Political Life –
Azima Dimyati ...IV-86 EDUCATION :
1. An Analysis of Students' Gramatical Error in Using Passive Voice at Grade
Ten of SMA Persada Bandar Lampung 2014 - Ildhias Pratiwi Putri ... V-1 2. An Error Analysis of Speaking Present Tense on English Conversation on
Program of PRO 2 Radio Bandar Lampung – Maryana Pandawa ... V-5 3. Developing Students’ Writing Skill by Diary Writing Habit -
Fatima A. Putri, Bery Salatar, and Susanto... V-8 4. Discourse Analysis Of Gettysburg Address -Yanuarius Yanu Darmawan ... V-11 5. Error Analysis of SMA Pangudi Luhur Bandar Lampung Students’
Translation in Using Meaning-Based Translation. – Kefas Ajie Bhekti ... V-18 6. Improving Students Affective Domain Through Asian Parliamentary
Debate Technique – Purwanto ... V-24 7. Online Authentic Materials For Learning English - AgniaMuti, Ezra
Setiawan, and Ida Oktaviani ... V-36 8. Politeness Strategies As Persuasive Tool In Magazine Advertisements
Circulated In Lombok Tourism Spots – Lalu Abdul Khalik and Diah
Supatmiwat ... V-39 9. Simple Past Tense Of The First Grade Students Of SMP Negeri 1 Seputih
Banyak In Academic Year Of 2014/2015 - Qory Fahrunisa Firdaus ... V-47 10. Supporting Learners’ Autonomy Through Distance Language Learning -
Dameria Magdalena S ... V-51
The Third International Multidiciplinary Conference on Social Sciences (The 3rd IMCoSS) 2015
Bandar Lampung University (UBL)
ISSN 2460-0598
11. Teaching Poetry in ELT Classrooms: Some Challenges and Solutions -
Bastian Sugandi and Husnaini ... V-54 12. Teaching Vocabulary By Using Hypnoteaching To Second Semester
Students Of Bandar Lampung University - Fransiska Anggun Arumsari ... V-58 13. The Application Of Brainstorming To Improve Student’s Writing Skill -
Ita Brasilia Nurhasanah, Ria Martin, and Rizky Amalia ... V-65 14. The Application Of Using Letter Land Technique Towards Students
Vocabulary Mastery - Budianto, Elis Munawaroh, Fitri Anggraini, and Yuni
Arifah ... V-68 15. The Application of Quiz Team Technique to Improve Students’
Understanding on Simple Present Tense at Grade Seven at SMPN 26
Bandar Lampung – Rosdawati ... V-71 16. The Art Of Seduction Of Giacomo Casanova An Analysis Of “The Story Of
My Life” - Helta Anggia ... V-75 17. The Effect Of The Application Of The News Presentation Towards
Students’ Speaking Ability Of Grade Eleven At SMK Negeri 1 Seputih
Agung - Risdiana Yusuf ... V-78 18. The Effect Of The Teacher’s Feedback Approach Towards Students’
Descrptive Writing Skill At Grade Tenth Of SMK Bhakti Utama Bandar
Lampung - Nila Kurnijanti ... V-83 19. The Improvement Of Students’ Vocabulary Achievement By Using Direct
Method Of SMP Wiyatama Bandar Lampung - Futri Nurhayani ... V-85 20. The Influence Of Lampungnese Ethnicity Accent On Dialect A To
Lampungnese Students’ Pronunciation Ability At English Education Study
Program - Anggi Okta Dinata ... V-88 21. The Influence of Using Scrambled Pictures to Improve Students’ Ability in
Writing Narrative Text of Eleventh Grade Students of SMK Bhakti Utama
Bandar Lampung - Novita Uswatun Khasanah ... V-91 22. The Use of Letterland Method in Teaching Reading at Early Year Level to
Pre-School Students in an Informal Education in Bandar Lampung -
Alfiana Rochmah ... V-94 23. TheInfluence of Using Short Video Towards the Students’ Speaking Skill
at Grade VII of SMPN 22 Bandar Lampung - Dita Oktapiana ... V-101
THE DYNAMICS OF RELATION CENTRAL GOVERNMENT AND LOCAL GOVERNMENT
Dewi Nurhalimah
Departement of constitutional law, Faculty of Law, University of Lampung Indonesia Corresponding author e-mail: : dewinurhalimah94@gmail.com
ABSTRACT - Big bang decentralization in Indonesia has been started since 1999 as muffle of many problems after the fall of authoritarian regime in 1998. But no one can prove succeed rate, decentralization offered by World Bank is seen as an effective medicine to many countries different kind problems. Within the context, this paper evaluates the experiment of decentralization in Indonesia vigorous in revision by House of People’s Representatives, attention in 2004 Indonesia also apply recentralization and consequently a changed in the relationship central government and local government. Using institutional design analysis coupled with empirical observation. The final conclusion of this paper is sovereignty of the people controlled relation central government and local government.
Keywords : decentralization, evaluation, institutional design, relation, people’s soverignty.
1. INTRODUCTION
In 1998 indonesia joined global trend to decentralise government [1]. Policy desentraisasi assumed to be able to stimulate economic growth or poverty alleviation [2]. At the same time, international donors like the World Bank and IMF require decentralization policy as part of kondisionalitas loans and assistance.
Although not yet evident in empirical, decentralization policy in general considered as medicine for all kinds of problems faced by a country.
Basically decentralization it has been applied in Indonesia since 1903, by the addition of article 68a, 68b, and 68c of R.R (the law of decentralized) whose contents form decentralization areas. While the nature of decentralization that is very limited only on financial interests and on that can be set by the regions, even his organization did not at all satisfactory [3].
Now, decentralization policy in Indonesia can be found on the constitution of the republic of Indonesia in article 18, by giving an autonomous region the right to regulate and takes his household affairs [4].
Decentralization will also serve as a means of the breadth of unifying areas, and the amount the culture of the people as well as Indonesia that the Indonesian government unable to manage directly the islands being indivisible by the sea.
Although Indonesia decentralization has implemented since 1903 but the calculation of travel regulations on decentralization were calculated from independence day namely in 1945 that had been recognised sovereignty and his excistenc in the world level. For that, Indonesia has given birth to 10 of the law on local government. But is not being governed based on the principle of decentralization but with centralization.
During the principle of centralization run for approximately 30 years. It was only in 1998 the society aware of authoritarian ruler of power, this awareness opened the door heaven so that despite
1999 on local government that accommodate sovereignty the people.
Just 16 years old indonesia in the decentralized system, with his latest the Law No. 23 of 2014. In several models decentralization that has been applied that brings a very easy question researchers, what is the choice of decentralization model best and what caused the change decentralization that applied. This research is focuses on the relationship of authority between the central government and local government.
2. MATRIALS AND METHOD
History records of decentralisation in indonesia had the tides along with political constellation attached and occurring on a journey of life of the nation.
Decentralization is giving power to local government of the central government to local government . James manor (1999) expressing decentralization be able to transfer power/ authority to different levels in a political system. The authority is may be provided by one or more the secondary level ( territory or sub ) area [5]. Amrah muslimen (1986) explaining decentralization namely this delegation of authority on agencies and category in society in a particular region manage their own household. Decentralization in teoritik giving authority from the central government to transfer the authority to regional government.
Faguet (2005) define decentralisation devolution by the us central (i.e. national) government of specificfunctions, with all of the administrative, political and economic attributes that these entail, todemocratic local (i.e. municipal) governments that are independent of the centre within alegally delimited geographic and functional the domain [6].
While Hendry B. Mayo (1960) has given understanding as follows. a democratic political system is one in which public policies are made on a majority basis, by representatives popular subject to effective control at periodic elections which are
The 3rd International Multidisciplinary Conference on Social Sciences (IMCoSS 2015) Bandar Lampung University (UBL)
ISSN 2460-0598
conducted on the principle of political equality and under conditions of political freedom [7].
Deliar noer, (1983) said decentralization as the basis of state give life meaning that at the last of the people giving the provisions in matters of basic about his life, including in judging the discretion of the state, because of the wisdom to determine the life of the people. Clear that the people having power over the country commonly called the sovereignty of the people.
The law of decentralization own has been altered several times by the house of representatives approved president there are circles stating these changes influenced government politics in those days but writer deny the changes basically started with the council representatives of the people the house of representatives is community representatives of the majority of serving as lawmakers. The house of representatives also as the form of sovereignty of the
people who represent the people in the seat of government.
Within the context of the people’s sovereignty aspect of decentralization, this paper will evaluates the experiment of decentralization in Indonesia vigorous in revision by House of People’s Representatives.
3. DISCUSSION
a. Sovereignty : The decentralized
Since independence until now the regulation of decentralization has been born as many as 10 the act [8], that the whole thing about the regional government. Each of the act of course having the characteristics and own characteristics, because influenced by the ruler of lawmakers. The ruler was the people where the people represented by the council of representatives to form a law that its essence prosper people. The following chart the chronology of the sovereignty of the people of
influence in decentralization.
Fig 1. Groove influence people's sovereignty in the decentralization changes
But the entire bill on local government not carried out on the basis of sovereignty of the people in full. There are some act laden with authoritarian just as the Law No. 1 of 1945 about the regulation on local national committee. This law made with the background of the acuteness the state of the power struggle of the hands of Japan. In connection with the acuteness the state of, and local K.N.I executive agency did not have a firm grip on the rights and obligations.
because it is not defined area such bodies, the bodies are held wherever there is the head region, namely the provinces, in residency, in the district, in the city, and in the district, even in villages; regulations of the National Committee of Indonesia caused difficulties in the law, because it does not admit the validity of the judge who must adjudicate matters based on applicable laws valid; increasingly mounting crunch, the government in 1946 has held a regional defense council-dean (DPD) in the residency-residency
consists of representatives of organizations of struggle and the army led by the resident as chairman of DPD is entitled to organize any urgent matter that needs to be addressed since the atmosphere precarious, work practices in the Council of Representatives and the Executive residency of urgency because of the DPD so that still works is the House of Representatives and the Executive Board of the lower region. Not infrequently DPD acted contrary to the regulations of the central government.
The Law No. 5 of 1974, the concept of this law is economic development based on the trilogy with the establishment of the stability of the significant local government. But the essence of deconcentration the principle of decentralization castrated by centralized government that reflects. Domination of power more weight on a central government and leader in the cause of the people are in weak position, where the (people's sovereignty)
The People givin confidence to Parliament to represent his will.
Parliament formed a Loal Government
Law
approved by the president Created the Local
Government Act
government erode due to strong.
After revormasi 1998, the government replace law 5 of 1974 with law 22 of 1999 which the essence of it give the scope of the regions to set and take care of his own house on the basis of community empowerment, the growth initiative, and initiative enhancing the role of the community and legislative [9]. This law also raised the value of sovereignty council the people that is given the rights and obligations which do not have previous in legislation so the basic objective decentralization that wrapped by the unitary state of can terakomodir mechanism to build democracy at the regional level.
Five years the implementation of Law No. 22 of 1999 criticized by the government so it appeared on the revision of the law. That eventually gave birth to a new law that Is Law No. 32 of 2004. Many negatively on evaluation Law No. 22 of 2004 from various circle agree that this law not too supporting the creation of democracy because this law tends to produce excessive democracy and appearing at the small of the kings. Euphoria decentralization felt to be growing
completion of the implemented as is the case the value of the sovereignty of the people who represented by the house of representatives.
Law 23 of 2014 is a very "bold" is undergoing drastic changes during the course of decentralization by stating the article most during a journey laws. The spirit of Law No. 23 of 2014 is to maximize the role of Local Government that is able to exercise its powers oriented basic service, not power alone. In Article 1 (2) The value of people's sovereignty in this act is also accommodated with the recognition of the Regional People’s Representative Assemblies as an equal partner with the heads of each area means no or litte treat like a king of celebrating the sovereignty of the people, although representatives. On the basis of the description above, it can be drawn graph sovereignty of the people from time to time, as illustrated in Figure 2. The higher point in the curve, indicating the higher degree of sovereignty of the people are accommodated, and vice versa.
Fig 2. Graph journey sovereignty in local government
b. Relation Central Government and Local Government
According to Lubis was quoted Kaho Basic relations between central and local power is "that holds the supreme authority over all state affairs is the Central Government (Central Government) without interruption by a delegation or devolution of powers to local authorities (regional government). In principle there is a unitary state affairs of state are not shared between the central government (central government) with the local government (local government) such that the affairs of the state in the unitary state remained a roundness (eenheid) and that the highest authority in The state is the central government
"reflects the unitary state that adheres to the system of decentralization, the central government has the right to supervise the local government although local governments are given the authority to regulate and manage the household.
At the time of the Republic of Indonesia with Law No.
residency area down run by continuing the arrangement from the Netherlands Government before World War II but also customised democratically. The formation of K.N.I as a people's representative with executive agencies to set up households together. In the set up and take care of his household, there is no strict boundary between local authority run by the head of the region in order to dekonsentrasi.
Areas regulate the affairs of local authorities that are continuing as it has been held at the time of the Dutch East Indies: Restrictions on the amount of money brought someone into a region; Registration of the company; registration of political parties and other associations; Obligation to report to the reviewers who come from outside the region; A ban on transporting household goods to happen outside the region; The registration of experts; Registration Cooperative; Ban issued from the Regional and stockpiling essential materials; A ban on speculative trading of cotton;
Supervision of the death and its causes; Collection and 0
2 4 6 8 10
Law No 1 of 1945
Law No. 5 of 1974
Law No.
22 of 1999
Law N. 23 of 2014
people's sovereignty
people's sovereignty
The 3rd International Multidisciplinary Conference on Social Sciences (IMCoSS 2015) Bandar Lampung University (UBL)
ISSN 2460-0598
of the election of the National Committee of the Regions. Under Law No. 5 of 1974, Soeharto Administration maintained strong fiscal and political control over provinces and municipalities/regencies through central field agencies in the regions by the principle of deconcentration. The fall of President Soeharto in May 1998 marked the beginning of a new relationship between the central and local governments. The protest in favor or reform and democratization expended to the regions before and after Soeharto’s downfall. Many regions demanded fiscal independence from Jakarta and more political importance (Malley, 1999).
Law No. 22 of 1999 was a simply the start of the Decentralization process. an enormous amount of work Remained to be done to implement the redical legislation [9]. The Government enacted Law No. 22 of 1999 on the basis of maintaining the existence of the Nation and the Republic of Indonesia from the Dutch aggression. In article Law No. 22 of 1999 describes "On the establishment of the Regional Government has the right to regulate and manage their own household according to the Basic Law Government this strip, then the obligations prescribed by the central government (jobs) everywhere that can be delivered in the area. These two work such that:
a. Submission of full, meaning both on principle (principles) nor about its operation obligations (work) that submitted it, left everything to the Regions (autonomy);
b. Submission is not full, it means submission only about how to run its course, while principles (principles on) are set by the central government itself (Ha medebewind) [10].
Results of evaluation of the Law No. 22 of 1999 and its implementation there are some fundamental issues among others are less comprehensive in the regulation of basic concepts, such as the relationship between levels of government, the financial balance; There are settings in sync among multiple chapters, there is a setting in the article that is likely to give rise to multiple interpretations, as there is no hierarchical relationship, the whole authority of the Regions applies a certain region, and the division of authority.
Sharing mechanism implemented affair with the principle of residual function (the affairs of the rest) submitted to the district/city level, while government
affairs at central and provincial levels defined specifically in the government regulations No. 25 of 2000. However, in practice it appears the impression that the principle adopted by Regency/City is broad autonomy for the rest of the matters submitted has a very broad scope, whereas the provincial level because it adheres to the limited autonomy has been set [11].
On the basis of these evaluations, the government enacted Law No. 32 of 2004, adheres to the principle of broad autonomy to further clarify the division of government affairs at central and regional level, whether provincial or regency through government regulations 38 of 2007. Compared to Law No. 22 of 1999, Law No. 32 of 2004 the principle of concurrence function [12]. A five-year pilot regional autonomy does not guarantee the smooth decentralization, as well as Law No. 32 of 2004 showed the reverse flow (recentralisation) as the new regime is increasingly fulfilled the basic character who kept maintained by various previous rules. Crate personnel management, oversight of regulations (related to budget, taxes and levies), developm ent planning, or dismissal of the head/deputy head of the region. All this is forcing local leaders directly elected area to always maintain obedience to the center, not a functional relationship with Parliament or the relationship of accountability to the people.
Law No. 23 of 2014 as amended by Law No. 9 of 2015 is a law that local governments use today.
Payload Law No. 23 of 2014 brought many changes in governance one of them in central and local government relationship with local government affairs division. Based on this law, government affairs consists of three matters that absolute government affairs, general government and government affairs public concurrent. Government affairs is the absolute government affairs under the authority of the central government entirely [10]. Concurrent affairs are government functions that are shared between the central and regional governments of provincial and regency, government affairs concurrent submitted to the Regional form the basis of regional autonomy [11]. General Government affairs is government affairs under the authority of the President as head of government [12]. See figure 3 the division of
government affairs.
Fig 3. Local Government affairs
Concurrent administration affairs are shared between the central government and the provincial and district/city is divided into obligatory functions and affairs of choice. Affairs shall be convened by all regional affairs while the selection organized by the regions in accordance with the region's potential.
4. CONCLUSION
Shift decentralization in Indonesia is influenced by the quality of the influence of popular sovereignty represented by Parliament. sovereignty of the people considered to be loaded with pure intentions for the welfare of the people. indirectly welfare of the community that encloses the sovereignty of the people in Indonesia.
REFERENCES
[1] [Tuner, Mark & Own Podger. Decentralisation in Indonesia redesigning the state. Australian National University: Asia Pasific Press. 2003.
[2] Rudy. Otonomi Daerah. Bandar Lampung: Pusat Kajian Kebijakan Peraturan Perundang- Undangan. 2014.
[3] Soenarko, MR. Susunan Negara Kita III. Jakarta:
djembatan. 1955.
[4] Soenarko, Mr. 1954, Susunan Negara Kita III, JakartaDjambatan., 2.
[5] [Manor, James. The Political Economy of Democratic Decentralization, Washington DC:
The World Bank. 1999.
[6] Jean-Paul, Faguet. The Effects Of Decentralisation on Public Invertement; Evidence and Four Lesson from Bolivia and Colombia.
Crsis States Programme Workin papers series no.
1. London. N0. 62: 2. 2005.
[7] B. Hendry Mayo, An Introduction To Democratic Theory, New York, Oxford University Press, 1960.
[8] Law 1 of 1945, Law 22 of 1948, Law 1 of 1957, Law 6 of 1959, Law 18 of 1965, Law 5 of 1974, Law 22 of 1999, Law 32 of 2004, and Law 23 of 2014.
[9] [Kaloh, J. Mencari Bentuk Otonomi Daerah.
Jakarta: Rineka Cipta. 2007.
[10] Article 9 (2) Law No. 23 of 2014.
[11] Article 9 (3) & (4) Law No. 23 of 2014.
[12] Article 9 (5) Law No. 23 of 2014.
Bandar Lampung, Indonesia
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