By: MUHAMMAD
SYARIF,S.HI.,M.H
A. Background
Banda Aceh is the capital of Aceh Province, which has nine-sub
administrative area, 70 villages and 20 urban[1]. Banda Aceh is formed pursuant to the Act
No. 8, 1955 on the Establishment of the Regional Otomomi or Major Cities in the
North Sumatra Province (State Gazette 109) and the Government Regulation
No. 5, 1983 on the Amendment of Area Boundaries Municipal Level II Banda Aceh
(State Gazette 1983 No. 5, Supplement to Statute Book No. 3247).[2]
The implementation of the Government of Banda Aceh is in accordance with
obligatory and preferences and the authority granted by the central government,
that was aided by the local mayor consisting of[3]: regional secretariat, the secretariat of
the DPRK, local agencies, regional technical institutions, District and Sub-District.
Regional Secretariat has duties and obligations petrified Mayor in formulating
policy and coordinating the regional office and regional technical institutions
as supporting elements in the formulation and implementation of specific
regional policies bersiafat.
The Act No. 11, 2006 on the Governing of Aceh provides the general rules
for the district or city to match the regional organization in accordance with
the obligatory and choice within their authority. Furthermore, to arrange the
regional organization of Banda Aceh must be addressed in order to implement
good governance, efficient, effective, and accountable and professional.
Without the fulfillment of these preconditions in an organization of the
region, the City of Banda Aceh certainly might be difficult for people to feel
the development carried out in the city of Banda Aceh.
In addition, there is the Government Regulation Number 41, 2007 regarding
Regional; willing to execute restructuring of the regional organization. In
Article 2 of the Government Regulation No. 41, 2007, it establishes the
following conditions:
(1) The establishment of the regional organization
established by the regional regulation with reference to this Regulation.
(2) Regional Regulations referred to in paragraph (1)
governing the composition, position, duties and functions of the local
organizations
(3) Details of the duties, functions and working
procedures referred to in paragraph (2) shall be further view of regulation
Governor or Regent or Mayor
Article 2 of the Regulation is becoming clear that the Government of
Banda Aceh has to make adjustments in accordance with the regional
Institutional Government Regulation No. 41, 2007 whereby the setting of the
regional organization set up in Banda Aceh called Qanunthat is local law enacted by parliemnt and city government.
There are bureaucratic problems being faced by all local governments in
relation to the restructuring based on the Government Regulation No. 41, 2007.[4] Firstly, the institutional aspects of the
institutional structure will be narrowed. It will lead to some lost positions
and will be felt by the Civil Service in the Local Government. However, there will
be budget efficiency. Secondly, it is not institutionalization of good
governance characteristics in local government, both in terms of structure and
culture as well as programs that support nomenclature. Recently, the
application of the rules of good governance at the local government is still
sloganistik. Thirdly, the emerging field of institutions is known as the down
sizing dilemma (liquidation) of local institutions. The implementation of
regional autonomy is influenced by four factors, namely funding, personnel,
equipment, and management.[5] When all four factors were developed in the area, it
will usually lead to funding constraints. It is a shortcut that can be
done is to liquidate local institutions.
Fourth, the sustainability of regional development requires local
institutions capability and help dealing with challenges and changes.
Currently, there are efforts to form a new institution, but do not pay attention
to the existence of the institution that might be it it is enhanced and
empowered that can perform new roles and addressing new challenges.
Institutions must be able to accommodate changes in all aspects: social,
political, economic and cultural.
Fifth, the issue of effectiveness is no way, and therefore contributes to
the institutional. The dynamics are very fast development of society, the
problems of an increasingly multidimensional requiring local government to
handle the issue appropriately and professionally. In addition, they often do
not conform to the staffing expertise.
Another problem is the increase of tendency to hire and promote employees
who are native son, so that recruitment often begins with a rational analysis
of the needs, but rather on emotional considerations and reform euphoria felt
in many areas. In addition, it was also found that some local officials commit
corruption, collusion and nepotism, bureaucracy slow, unresponsive, not
transparent, etc.
Meanwhile, there are some weaknesses in governmental beurecrat that are:[6]
1. The organizational structure and working procedures made by each local
government are only to accommodate personnel in a structural position.
Structure and organization of the newly formed, either due to the incorporation
or replacement is often only done to accommodate the number of personnel who
deal with the budget surplus and effort. No structure formation through careful
assessment so ineffective in carrying out its duties and functions. Besides
lack of skilled human resources in the field and has the ability to become one
of the causes of ineffectiveness of local government bureaucracy.
2. People's participation is still low.
3. Transparency is not already implemented.
4. Mechanism of action and division of tasks circles overlap would
complicate the internal and the community in dealing with government agencies.
5. Politicization of civil service remains implicated.
6. Career system that does not obviously makes unfair competition.
To improve people life, there should be efforts to improve performance. The
increase of performance necessary changes to organizational governance,
organizational streamlining, rationalizing personnel, professionalism.[7] For organizing the first step in the local government
area should undertake institutional analysis based on the needs of[8]:
1.
Elements of the
staff what can be contained in the Secretariat;
2.
Institutional
what should be contained in a department, agency or office.
The measurement in determining the amount of the organization is based
suspension by looking at the variables of population, land area and the number
of local budget.[9] In terms of the Institutional Reform of the regional
organization, the Government of Banda Aceh has been in accordance with the
Qanun No. 2, 2008 concerning Organizational Structure and Regional Work,
formulate two Secretariats, Advisor to the Mayor 5, 12 and 12 the Regional
Office of the Regional Technical Institute.
B. Problem Identification
Based on the illustration above, the research problems are following:
1. Is the arrangement of the regional Government of Banda Aceh in
accordance with the legislation?
2. What obstacles are faced by the City of Banda Aceh in the implementation
of institutional restructuring of the region?
C. Framework
1. Autonomy
The composition of the Unitary Republic of Indonesia consists of two
levels, namely the national and regional levels. The composition of the central
state reflects all branches of state government and state functions in general.
At the local level, it is limited to the composition of governance (executive)
and the elements of the setting (regeleren) in order to govern.
The existence of local
government arrangement (lower level) is one of the joint constitutions of the
Republic of Indonesia. This is explicitly found in Article 18 of the
Constitution 1945 as the ground rule.
Article 18:
(1) The Republic of Indonesia in the upper regions of the province and the
province was divided into districts and municipalities, which each province,
district and cities have a local government, which is regulated by law.
(2) The government of the provinces, districts, and municipalities set up
and manage their own affairs in accordance with the principles of autonomy and
assistance tasks.
(3) The local government running autonomy, except in matters of
government by law to be the affairs of the central government.
(4) The local government has the right set of local regulations and other
regulations to implement the autonomy and assistance tasks.
(5) The composition and procedures of local governance set out
in the legislation.
Article 18 A
(1) The relationship of authority between the central
government and the provinces, districts, and cities, or between provinces and
districts and municipalities, governed by law with respect to specificity and
diversity of the region.
(2) Financial relations, public services, the utilization of natural
resources and other resources between the central and local governments set up
and implemented fairly and equitably under the law.
Article 18 B
(1) The State shall recognize and respect the local government
units that are special or extraordinary regulated by law.
(2) The State recognizes and respects units of indigenous
people and their traditional rights of all are still alive and in accordance
with the development of society and the principles of the Unitary State of the
Republic of Indonesia, which does law regulate.
Thus, it can be understood that Article 18 UUD 1945 as a foundation that
encourages autonomy as a form of government and way of organizing the local
level. In this case, the Liang Gie found that autonomy could only be realized
through decentralization of the delivery of government affairs or local
government above the local level to domesticate itself.[10]Decentralization is not another aim to
provide the authority, duties and responsibilities to the regions to manage and
take care of the interests of his own household.
The decentralization by Hans Kelsen is a form of state organization.[11] Therefore, the meaning of decentralisation is
connecting to state’s definition. Hen Kelsen views state as a legal structure (legal
order). As a result, it concerns the decentralization system in relation to
the legal order of the country. Centralized legal order suggests there are
different rules applicable laws valid in the different regions. There are
legitimate principles, which are applicable to all regions of the country
called kaedah central (central norm), and there are legal rules, which apply in
sections of different areas called rules decentralized or local kaedah
(decentral or local norms).[12]
1. In the
development of the constitution, granting autonomy to the regions generally
known as 2 (two) basic autonomous systems, namely:
2. Autonomous
systems understanding household material or material (materuele
huishoudingsbegrip);
3. Formal
autonomy system, or understanding formal households (formeele
huishoudingsbegrip). In addition, there is also another system which is a
combination between the two systems, namely:
In the autonomous system material, between the central and local
governments have the division of tasks (authority and responsibility) that
explicitly mentioned in the law. It means that autonomy includes only the tasks
that have been determined one at a time, so be definitive. It also means, what
is not in the law tercntum, excluding autonomous local government affairs, but
the affairs of the central government.[14]
An autonomous system in the formal sense, there is no difference between
the nature of affairs held by the central government and the autonomous
regions. The division of powers, duties and responsibilities between the
central and local governments to regulate and administer the affairs of
government are not restricted positively or specified in detail.[15]
The prevailing view in the system is no difference between the natures of
the business conducted and organized central area. Anything that can be held by
the center can also be essentially organized by region. The division of duties,
authority and responsibility to manage and administer the affairs of government
solely based on the belief that a government affairs will be better and more
successful if managed and regulated by a specific government unit.[16]
In this real autonomous system handover affairs or the duties and authority
to the regions based on the actual or real factor, according to the real needs
or capabilities of local and national governments as well as community growth
that occurred. Therefore, the provision of duty and obligation and authority is
based on the real situation in society, a consequence that the task or business
that has been the authority of the central government can be handed over to
local authorities, taking into account the ability of local communities to
manage and take care of yourself. Instead, a task that has become a regional
authority, at any time, if deemed necessary may be withdrawn by the central
government.[17]
Based on the Trias Politica famous theory delivered by John locke and
forwarded by Montesque, there is the assumption that the power of the State
consists of three kinds of power, the first legislative authority or power to
make laws both power or executive power implementing legislation, third
judicial power or authority prosecute for violations of the law. Trias Politica
is a normative principle that the powers should not be left to the parties in
power is thus expected rights nergara citizens more secure.
Power distribution can be divided into two; first vertically, the
distribution of power according to its level. That division of powers between
levels of government, for example, between the central and local governments in
unitary states, or between the federal government and state governments in a
federal a country. Both Horizontally, the distribution of power according to
its function, the division is more focused on the distinction between the
functions of government are legislative, executive and legislative.[18]
The limitation of state power and organs of the State by way of applying
the principle of division of powers separation of powers are vertically or
horizontally. In accordance with the laws of iron rule, every rule must have a
tendency to develop into an arbitrary, as stated by Lord Acton: "Power
tends to corrupt, and absolute power corrupts absolutely". Therefore,
power must always be limited by the power divide into branches that are 'checks
and balances' in an equal position and offset each other and control each
other. Dividing the power into several organs is arranged vertically also does
limitation of power. That way, power is centralized and concentrated in the
hands of one organ or one that allows such abuse.
According to D.H. Meuwisen Constitutional Law typically recognizes two
legal pillars of the State, namely the organization of the state and citizens.
In the regulated form of state organization and governance systems, it includes
the division of state power or state fittings. The division of state power has
two kinds, namely the division of state power in horizontal and vertical distribution of
state power. Vertical division of power within a unitary state in the
literature Constitutional Law is better known as
"territorial decentralization”[19].Decentralization means submission or
authority to lower levels of government.
According to Carl J. Fedreich, vertical power sharing or power-sharing in
territorial (territorial division of power) is the division of powers between
different levels of government and power sharing can be clearly compared only
between a unitary state, federation and confederation.[20]
The lawyer identifies into three kinds of teachings in the context of
regional autonomy, the three teachings can be explained as follows:
a. Formal Household System
In a system of formal households, the division of authority, duties and
responsibilities of central and local are to organize and manage the affairs of
government are not limited to positive, or determined in detail. The prevailing
view in the system is no distinction between the natures of the affair held
from Central and organized area. Everything that can be organized by the centre
in principle is also organized by region. The division of duties, authority and
responsibility to manage and administer the affairs of government solely based
on the belief that a government affairs will be better and more successful if
managed and governed by a unit of government.
Based on a domestic system, the principle areas can administer and manage
the affairs of government as a domestic affair itself on the basis of freedom
of their own initiative although the matter has not been submitted. Bagir manan
says, "The contents of households in the area of formal household
systems are not given but something that is allowed to grow or be given
recognition.
The essence of the system of regional autonomy by formal household that is
not a gift, but rather something that is allowed to grow naturally and be given
recognition. This is an indication that regional autonomy by nature has
inherent within a region as the likely inherent human right to do everything
that is important to him.[21]
The formal household systems do not rule out the existence or content of
the housekeeping area that comes from giving. It is because the domestic system
also recognizes the principle of usefulness governance in general. It means
that if there is a type of governmental affairs by the central government which
is considered appropriately for submission to an area of the basis that the
matter would be better or useful when it is administered by local authorities,
the government affairs was submitted or given to area to set as home affairs
itself. In this case, Suganda states that Powers are delegated to the regions
not specified one by one but waiting to see what has been set up by the Centre
to be a central authority, that local authority field in this area only gets
the rest of the affairs of government. The area should not regulate what is
already regulated and administered by the Centre; this way is often referred to
as tiori sis or Residutheorie.[22]
The prediction of gravity within the formal system of household is
considered as the effectiveness and efficiency, which is a key concern for
determining the division of duties, authority and responsibilities. A household
system requires the formal parallels between the central and regional
positions. The area is not a subordinate organ of the Central Government but as
a partner in governance in general.
a. Household System Material.
Household systems contain material in detail about the division of powers,
duties and responsibilities between central and local government defined and
clears, so the area has clear guidelines. The system stems on the idea that
there are fundamental differences between the central and local government
affairs. The area is considered to have its own scope of government affairs
that are materially different from the affairs of government regulated and
administered by the Centre.
The system is based on the premise that the affairs of government can be
sorted out in the various units of the government. This material household
system in the Dutch literature is known to the teachings of the three
environmental (de driekringeleer).[23]. It is called as three teaching
environment for organizational units in accordance with the order of the Dutch
government consists of the central government, provincial and Gemeente.
A country only has two organizational units of the composition of
government (central and only one unit of the autonomous region) would not
properly be called the teachings of the three environments. The essence of
government affairs does not lie in the composition of two or three units of
government organizations, government affairs but that it can be sorted out with
each other fundamentally.
The whole business of government in a country regarded as a center of
government affairs, of course, is the only area of the executive organ of the
affairs of the Central Government. Conversely, when there is a part of the
government affairs by nature can be categorized as regional government affairs,
then it is appropriate that the matter be submitted to the District for its own
domestic affairs.
The importance of the system of regional autonomy of household material is
not something to grow and develop naturally, but the results of the submission
of the central government to the regions, through legislation that is based on
the nature and the nature of the relevant government affairs.
In this case Daan Sugandha views that:
"Granting autonomy materially Center's authority is to determine the
details of the authority given. The authority is set out in the Act and in the
decentralization law to the establishment of a regional autonomous region. The
regions then only entitled to exercise the power that has been called one by
one, while the other is beyond the authority it will remain until such time as
the authority centers can also be submitted to the Region ".
Bagir Manan states that "all the housekeeping area from submission
(overdragen) business or part of the affairs of the central government or of a
higher-level areas. In other word, areas just regulate and manage the household
affairs of the area that was submitted to the relevant area.
a. Real Household System
The term real household systems (real) can be found in the explanation of
the law No. 1 of 1957 on the Principles of Local Government and the Provisional
People's Consultative Assembly Decree No. XXI or MPRSor1966 that adds words as
possible.[24]
Systems theory is a real household middle way, between the formal and
material household. In this system, the handover to local affairs in the state
is based and real factors. According to Manan, the system of real household
prefers formal principle. In a system of formal households, it contains ideas
for realizing the principle of freedom and independence for the region, while
the household system will stimulate the emergence of material dissatisfaction
spanning regions and the relationship between central and local.[25]
Bagir Manan further proposes that the system characteristics there are
distinctions between the systems: First, the business base established during
the formation of an autonomous region, providing certainty about the
housekeeping area. Its sort of thing is not possible in formal household
systems. Second, in addition to domestic affairs defines "material".
The regions in real household systems, to manage and administer the affairs of
government as well which is an important consideration for the area along the
poorly regulated and administered by the central and regional level over the
top. Third, the domestic real autonomy is based on the real factors of a
region. This allows differences in the content and type of home affairs area in
accordance with the circumstances of each.
D. The Institutional Structuring of Banda Aceh Region
As the mandate of the Law Number 11, 2006 regarding Regional Government of
Aceh as guidance in implementing the principle of Special Autonomy in Aceh,
including in the city of Banda Aceh, the area can be set according to the
specificities of the regions.[26]
Thus, it is important in the institutional arrangement in Banda Aceh,
referring to the Law No. 11, 2006. Furthermore, the Law No. 11, 2006 requires
the City of Banda Aceh to adjust the regional organization in accordance with
obligatory and options in accordance with the authority.
The preparation of the regional organization of Banda Aceh should be
addressed in order to implement good governance, efficient, effective,
accountable and professional[27]. Without the fulfillment of these
requirements in an organization of the area, then you can bet the city of Banda
Aceh difficult to provide maximum service to the community. In the
implementation of the regional institutional arrangement, the central
government has issued the Government Regulation No. 41, 2007 regarding Regional
as a guide for the region to organize the local institutional.
In the implementation of the regional organizations as stipulated in the
Regulation should be based on consideration of the affairs of government that
need to be addressed.[28]Understanding matters referred to in
paragraph (1) shall be formed into a separate organization.[29] In the case of some affairs are handled by a set of
regions, then the merger in accordance with government affairs perumpunan
grouped in the form of offices and regional technical institutions.[30] Such group is consisting of [31]:
a. education, youth and sport;
b. the health sector;
c. the social, labor and transmigration;
d. fields of transportation, communication and informatics;
e. population and civil registration;
f. the field of culture and tourism;
g. public works include coaching clan, irrigation, copyrighted works and
layout;
h. the economy which includes cooperatives and micro, small and medium
enterprises, industry and trade;
i. area of land services;
j. agriculture including crops, livestock, aquaculture, marine and
fisheries, farming and forestry;
k. mining and energy, and
l. areas of income, financial and asset management.
While the group matters contains in the form of bodies, offices and
hospitals Inspectorate consists of:[32]
a. field
development planning and statistics;
b. research and
development;
c. field of
national unity, political and public protection;
d. the
environment;
e. in food
security;
f. capital
investment;
g. field of
libraries, archives and documentation;
h. the field of
community and village government;
i. the
empowerment of women and family planning;
j. areas of
employment, education and training;
k. field
supervision;
l. health
services.
The device area established to conduct the affairs of choice, based on
consideration of the matters, which actually exists in accordance with the
conditions, the uniqueness, and potential of the regions.[33] To respond to the demands of government administration
in the area has been carried out various measures of institutional arrangement
by the Government of Banda Aceh’s Qanun No. 2, 2008.
In relation to, the administration in the city of Banda Aceh has been
issued Qanun No. 2, 2008 concerning organizational structure and work of the
regional Government of Banda Aceh. Regional Secretariat is co-leader of the
regional government elements. Secretariat of the Council of Regional
Representatives Council Secretariat is the service element parliament.
Department is implementing elements of the local government. Regional technical
institutions are implementing elements of a specific task because the regional
secretariat and offices do not cover it. Sub is the working area of the
district as a district. Article 2 Qanun. 2, 2008 specifies that the regional
organization formed by Qanun consist of:
1. Regional Secretariat;
2. Secretariat of the House of Representatives City;
3. Education, Youth and Sports;
4. Department of Health;
5. Department of Public Works;
6. Department of Transportation, Communication, and Information Technology;
7. Department of Social Welfare and Labor;
8. Department of Population and Civil Registration;
9. Department of Industry, Trade, Cooperatives and Small and Medium
Enterprises;
10. Department of Marine, Fisheries and Agriculture;
11. Department of Culture and Tourism;
12. Department of Hygiene and beauty of the city;
13. Department of Finance and Asset Management District;
14. Department of Islamic Law;
15. Inspectorate;
16. Regional Planning Board;
17. Personnel Board, Education and Training;
18. Agency for Community Empowerment;
19. National Unity, Politics, Civil Protection and Disaster Relief;
20. Office of Licensing Services One Stop;
21. Office of Women's Empowerment and Family Planning;
22. Office of Library and Archives;
23. Office of the Fire Department;
24. Office of the Environment;
25. Civil Service Police Unit and Hisbah Wilayatul;
26. Meuraxa District General Hospital, and
27. Sub-District
A part from that, with the birth of the Law No. 24, 2007 on the Disaster
Banda Aceh, the government conduct a study with mengakomudirnya Qanun No. 3,
2011 on Organizational Structure and Work Regional Disaster Management Agency,
with the birth would consequently lead to the loss of some of the Qanun SKPD
lost as the Office of Fire and some fields on Kesbangpollinmas and Disaster
Management Agency.
There are consequences of the application of Qanun No. 2, 2008 and Qanun
No.3, 2011 that reduced from 767 Eselonering Title Title Title Structural
Structural into 573.[34]Government of Banda Aceh increases or
decreases local agencies and technical institutions in accordance with the
legislation in force.
Based on above fact, Institutional Structuring Judicial review of the
regional organization in Banda Aceh is not yet fully referring to the Law No.
11, 2006, this is due to the Central Government to impose regional managing
institution in accordance with Government Regulation No. 41, 2006[35], while the Government Regulation No. 41,
2007 is a derivative of the Act No. 32, 2004.
Aceh special autonomy particulars should be given chance of institutional
setting device area. This history is inline with the basic principles of
special autonomy. The Residue Power is in the area, instead of the central
government. In this context also the author tends to use real household
theoretic approach. In the system of real household domesticatic area, it is
based on the real state of the region to manage government in accordance with
regional characteristics.
There is the fact that the government ought to be consistent in
implementing the principle of autonomy, if not then the implementation of
special autonomy in Aceh impressed just a fake. In another word, the local
government is given a wider authority to make changes in the regional
bureaucracy. This adds confidence to the Government of Banda Aceh to enhance
creativity and productivity of the work of the members of city bureaucrats.
The institutional restructuring of the area to be obliged to be done by the
local government, because if it is not done then the consequence structural
officials could not be promoted. Professionalism in carrying out the duties and
functions of the organization in the city of Banda Aceh government also
continues to increase. This is done so that the organizational tasks can be
carried out as hoped[36]. Professionalism is currenttly city
government officials to be a very fundamental in the implementation of regional
autonomy to the governance, development and ministry to the community.
Professionalism is the suitability (fitness) between the capabilities of a
civil servant to the needs of the task (task requirement). Professionalism is
realized with the ability to plan, coordinate, and carry out its functions in
an efficient, innovative, flexible, and have a high work ethic.[37]
Professionalism is a reflection of the ability, the knowledge, skills, that
can do which is supported by experience which may not appear suddenly without
any increase in the professionalism of civil servants of the city of Banda Aceh
internal means that the ability to increase performance of public services
efficiently and effectively, in terms of external accountability and
responsibility. The accountability relates to the implementation of transparent
work, particularly on finance is used, while the responsibility associated with
the responsibility to implement the workload of their duties and obligations.
E. Constraints Faced by Banda Aceh Municipality Government in Restructuring
Local Governmental Institution
Departing from the basic meaning of decentralization and autonomy, the term
is the authority to control and manage its own affairs of government as their
own domestic affairs. This is in line with the principle of autonomy as to
which set down in Law No. 11, 2006.
Autonomy is the revitalization and empowerment of local governments to the
ability to formulate policy and make decisions more accurately, quickly and in
accordance with local needs, so that the service can be provided excellent
service to the community. In Article 7 of Law No. 11 of 2006 very clearly
states:
(1) The
Government of Aceh and District or Municipal authority to regulate and manage
the affairs of government in all sectors except public administration affairs
are a matter for the government.
(2) The
Government's authority as referred to in paragraph (1) includes a national
government affairs, foreign policy, defense,'s security, justice, monetary and
national fiscal and certain matters in religion.
In the explanation of Article 7 paragraph (2) revealed that the reference
to the affairs of the national government in this provision, including in the
areas of national planning policy, development control policy in the field of
national, fiscal balance, public administration, state economic agencies,
resource development and empowerment human, strategic high technology, as well
as conservation and national standardization.
The implementation of regional autonomy, one the one hand is a strategic
institutional aspect of the area. Institutional device area pursuant to Article
100 of the Law No. 11, 2006 on the Governing of Aceh states that the regional
district or city consists of the Regional Secretariat, the Secretariat of the
DPRK, the Regency or City Technical Institute District or Municipal and District. Therefore, in
the regional institutional arrangement especially in Aceh, including Banda Aceh
as part of the Unitary State of the Republic of Indonesi should be given
special guidelines relating Institutional Arrangement. This is important
because it is technically the act no special technical guidelines relating
Institutional Structuring of the regional.
Institutional Arrangement according to the act, the City of Banda Aceh have
obstacles, which are technically operational Home Affair Minister Regulation Number
57, 2007 on Structuring Organization Technical Instructions which is derived
from the Regional Government Regulation No. 41, 2007 is a derivative of the Law
No. 32, 2004, and is not suitable to philosophical premises and historical
spirit of the Law No. 11, 2006.
On the other hand, the Government of Banda Aceh, including the province of
not taking a firm stance, this is due to the Government Regulation Number 41,
2007 regarding Regional will provide employment for local administrative
sanctions are not in accordance with Government Regulation No. 41, 2007 in the
institutional setting areas. The sanctions provided is not recognizing
Eselonoring and structural mempores promotion officials. This is as same as
that of the Central Government in implementing Inkonsistenan Law Number 11,
2006.
This problem is requiring the government to the city of Banda Aceh
likes-dislikes should refer to the Regulation No. 41, 2007. Otherwise it will
be many victims of bureaucratization, where officials will collide with the
rank and office allowances are not paid by the state. What else Regulation No.
41 of 2007 provides implementation deadline institutional arrangement of the
regions one, after approval of the Regulation No. 41, 2007. To avoid this
sanction, governments in the region, including the city of Banda Aceh is
obliged to be follow the Government Regulation No. 41, 2007 as the Guidelines
for the Institutional Arrangement of the regional.
F. Conclusion
1. Institutional Arrangement of local institution in Banda Aceh area as
contained in the Qanun No. 2, 2008 and Qanun No. 3, 2011 has not referring to
the Law No. 11, 2006 this is due to the fact that the City of Banda Aceh does
not dare take a risk, so the arrangement of Institutional still refer the
Government Regulation Number 41, 2007 on the Organization of the Guidelines.
2. The Constraints faced in Institutional Arrangement are the
Government Regulation No. 41, 2007 regarding Regional and the Minister of Home
Affair Regulation No. 57, 2007 on Structuring Technical Guidelines of the
regional organization has not fully provided for local flexibility for managing
institution, it is because of the dilemma that ultimately still refer to the
existing regulation.
hal
4-5.
[3]Peraturan
Pemerintah Republik Indonesia No.41 Tahun 2007 tentang Organisasi
Perangkat Daerah dan Undang-Undang No.11 Tahun 2006
tentang Pemerintahan Aceh
[4]Sarundajang, Birokrasi dalam
Otonomi Daerah dan Upaya Mengatasi Kegagalannya,
Pustaka Sinar Harapan, Jakarta, 2003, hal. 138-139.
[5]Tata Rustadinata, Miss Otonomi Daerah Perlu Dikoreksi, www.mimbar-opini.com, diakses 20 Maret 2012.
[7]Deputi
Bidang Kelembagaan Men.PAN, Kebijakan
Penataan Organiasi Perangkat Daerah dalam Rangka Mengelola Pemerintah Yang Baik
(Disampaikan pada Acara Lokakarya Penataan Organisasi Perangkat Daerah Kota
Banda Aceh, 14 Juli 2005, hal.3
[8]Joni Dawud, Rasionalisasi Penataan Kelembagaan Pemerintah, Pusat Kajian dan Pelatitah Aparatur, Jurnal Volume.1 Maret 2007, hal.26
[9]Pasal
19, UU No.41 Tahun 2007. berdasarkan Hasil Kajian Akademik SOTK Pemerintah Kota
Banda Aceh Tahun 2008 dengan Skor 67.
[10]The Liang Gie, Pertumbuhan Pemerintah Daerah di Negara Republik Indonesia, Jilid III,
Liberty, Yogyakarta, 1995, hal.113.
[11]Faisal A. Rani, Penataan Organisasi Perangkat Daerah dalam Rangka PeningkatanPelayanan Publik (Disajikan pada Seminar dalam rangka Penataan Kembali
Struktur Organisasi Perangkat Daerah Kota Banda Aceh, Universitas Syiah Kuala,
2005, hal.4
[13] Krishna D.Darumurti
dan Umbu Rauta, Otonomi
Daerah, Perkembangan Pemikiran, Pengaturan dan Pelaksanaan,
Cet. Ke-II, Citra Aditya Bakti, Bandung, 2003, hal.19.
[16] Husni Jalil, Eksistensi Otonomi
Khusus Provinsi Nanggroe Aceh Darussalam Dalam Negara Kesatuan RI Berdasarkan
UUD 1945, CV.Utomo, Bandung, 2005, hal.89.
[22]Daan Suganda, Organisasi dan Sistem Pemerintahan Negara Republik Indonesia serta
Pemerintahan di Daerah, Sinar Baru, Bandung, 1986.hal.92
[23]Husni Jalil,
Eksistensi Otonomi Khusus Provinsi Nanggroe Aceh Darussalam Dalam Negara
Kesatuan RI berdasarkan UUD 1945, CV: Utomo, Bandung, 2005, hal.93
[24]Moh. Kusnardi dan
Harmaily Ibrahim, Pengantar Hukum Tata Negara, Pusat Studi Hukum Tata Negara, Fakultas Hukum Universitas Indonesiam
Jakarta, 1988, hal.255
[25]Bagir Manan, Hubungan Antara Pusat dan Daerah Menurut Undang-Undang Dasar 1945, Pustaka Sinar Harapan, Jakarta, 1994, hal.17
[34] Herry, S.STP,M.Si (Kasubbag Anforjab pada Bagian Organisasi Setda Kota Banda Aceh, Wawancara 13 Maret
2012
[35] Bapak Muschlis, SH dan Ibu Nurbaity, M.H (Kabag.Hukum dan Kasubbag
Perudang-Undangan pada Bagian Hukum Setda Kota Banda Aceh), Wawancara 14 Maret
2012
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