CONSISTENCY OF AUTHORITY SETTING IN GOVERNMENT AFFAIRS IMPLEMENTATION IN LAND SECTOR by Netty Endrawati, Scientific Research Journal (Scirj), Volume V, Issue XII, December 2017 Edition

Scirj Volume V, Issue XII, December 2017 Edition
ISSN: 2201-2796

CONSISTENCY OF AUTHORITY SETTING IN GOVERNMENT AFFAIRS IMPLEMENTATION IN LAND SECTOR

Netty Endrawati

Abstract: Indonesia is a decentralized unitary state, which means that some part of government affairs are handed over to local authorities which arise to the autonomous regional government. Based on the principle of local autonomy, land service is the obligatory of local government, but in practice the government still retains most of its authority in the area of land that shifts back and forth between government and local governments in the administration of the affairs of the land. The results of the analysis of several laws related to the affairs of local government and land administration show that there are inconsistencies in the affairs of the authority setting of the land sector. Some rules of law stated that the authority for land is on government affairs, while in some statutory rules mentioned that the local governments with its regional autonomy is given a real and has broad authority to administer the affairs of the land in its territory. However, government still holds land affairs because the Indonesian Government has no "political will" to implement a full autonomy, it also because of the influence of political national land law which still gives orders to the state as the ruling body on land owned by the Indonesian people to realize the maximum benefit of the people. Therefore, it is necessary to harmonize the rules by doing material test (judiciel review) or a holistic form of formal rules (national policy) that can bridge the relationship between the government and the local government especially in the administration of affairs in the land sector.

Reference this Paper: CONSISTENCY OF AUTHORITY SETTING IN GOVERNMENT AFFAIRS IMPLEMENTATION IN LAND SECTOR by Netty Endrawati published at: "Scientific Research Journal (Scirj), Volume V, Issue XII, December 2017 Edition, Page 63-73 ".

Search Terms: land affairs, decentralization, authority

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