The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

The Discretion of the Regional Head District in the Implementation of Regional Autonomy in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289455,
        author={Ishviati Joenaini Koenti and Francisca Romana Harjiyatni},
        title={The Discretion of the Regional Head District in the Implementation of Regional Autonomy in Indonesia},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={discretion regional autonomy},
        doi={10.4108/eai.10-9-2019.2289455}
    }
    
  • Ishviati Joenaini Koenti
    Francisca Romana Harjiyatni
    Year: 2019
    The Discretion of the Regional Head District in the Implementation of Regional Autonomy in Indonesia
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289455
Ishviati Joenaini Koenti1,*, Francisca Romana Harjiyatni1
  • 1: Faculty of Law, Janabadra University 55231, Indonesia
*Contact email: kunti.ishvi@gmail.com

Abstract

The principle of regional autonomy applied in Indonesia gives the local authorities the authority to regulate and manage the interests of local communities according to their initiative based on the aspirations of the people. The authority of regional governments to regulate and manage the interests of the local community also results in the use of discretionary acts by officials in the area to solve problems that suddenly arise. However, there is no rule, given the choice or rules are not yet clear. Discretion has become a necessity. Openness and integrity are mutually reinforcing. If the regional head can understand the law as integrative law that contains the value (Pancasila), then the right products and actions resulting from the application of discretion will achieve the goal. However, with the enactment of Law No. 23 of 2014 on Regional Government and Law No. 30 on Government Administration, Discretion is arranged in great detail, so discretion loses the "spirit." Detailed restrictions on discretionary use are the characteristic of autonomous law. The conclusions from the results of the study indicate that Indonesia has not fully implemented responsive law. Supervision over the application of discretion has not been emphasized on the achievement of objectives by involving community participation.