{"title":"The Supervision of Village Fund Management to Prevent Corruption","authors":"D. Sugiharti, Z. Muttaqin, Rully Ramadhani","doi":"10.22304/pjih.v8n3.a3","DOIUrl":null,"url":null,"abstract":"Indonesian village government is required to carry out its duties properly. The village government has an obligation to understand legal instruments in many laws and regulations. The legal instruments serve as a guideline to carry out the accountability of the village officials to execute programs that use village funds. Unfortunately, the requirements have not been materialized due to the increasing corruption involving village heads who abused village funds. The study aims to find out the form of accountability of the village head as the power holder of village fund users when there are allegations of village fund corruption and the supervisory function that can be carried out by the Village Consultative Body (BPD – Badan Perwakilan Desa) in preventing of village funds to be corrupted by the village head. The study shows that the legal instruments and implementation of the use of village funds are basically in accordance with the principles and principles of managing state finances, even though the arrangements are separate from the provisions on regional government, where these arrangements and management must be under the objectives of state life as regulated in the 1945 Constitution. Moreover, the form of accountability of the village head regarding the use of village funds refers to the guidelines stipulated in the legal instrument. Still, when the alleged corruption of village funds committed by the village head is proven, the case is resolved according to the criminal law provisions. The supervisory function by the BPD in the management of village funds by the village apparatus is carried out as a form of increasing prosperous village communities. However, the supervision is still weak due to political interests between the village apparatus and the BPD institution in the institutional position of the village government. We can conclude that legal instruments are essential as a guide in managing village funds, including accountability for the use of village funds. In addition, the supervisory function in village management has an important role, especially in preventing the misuse of village funds, leading to corruption allegations.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22304/pjih.v8n3.a3","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 2
Abstract
Indonesian village government is required to carry out its duties properly. The village government has an obligation to understand legal instruments in many laws and regulations. The legal instruments serve as a guideline to carry out the accountability of the village officials to execute programs that use village funds. Unfortunately, the requirements have not been materialized due to the increasing corruption involving village heads who abused village funds. The study aims to find out the form of accountability of the village head as the power holder of village fund users when there are allegations of village fund corruption and the supervisory function that can be carried out by the Village Consultative Body (BPD – Badan Perwakilan Desa) in preventing of village funds to be corrupted by the village head. The study shows that the legal instruments and implementation of the use of village funds are basically in accordance with the principles and principles of managing state finances, even though the arrangements are separate from the provisions on regional government, where these arrangements and management must be under the objectives of state life as regulated in the 1945 Constitution. Moreover, the form of accountability of the village head regarding the use of village funds refers to the guidelines stipulated in the legal instrument. Still, when the alleged corruption of village funds committed by the village head is proven, the case is resolved according to the criminal law provisions. The supervisory function by the BPD in the management of village funds by the village apparatus is carried out as a form of increasing prosperous village communities. However, the supervision is still weak due to political interests between the village apparatus and the BPD institution in the institutional position of the village government. We can conclude that legal instruments are essential as a guide in managing village funds, including accountability for the use of village funds. In addition, the supervisory function in village management has an important role, especially in preventing the misuse of village funds, leading to corruption allegations.
印尼村政府必须正确履行其职责。村政府有义务了解许多法律法规中的法律文书。法律文书为落实村干部使用村款项目的问责提供了指导。不幸的是,由于村长滥用村款的腐败现象日益增多,这些要求并没有实现。本研究旨在探讨在存在村资金腐败指控时,村长作为村资金使用权利人的问责形式,以及村协商机构(BPD - Badan Perwakilan Desa)在防止村资金被村长腐败方面可以发挥的监督职能。研究表明,农村资金使用的法律文书和实施基本符合国家财政管理的原则和原则,尽管这些安排与地方政府的规定是分开的,这些安排和管理必须符合1945年宪法规定的国家生活目标。此外,村长对村款使用的问责形式参照法律文书规定的准则。尽管如此,当村长涉嫌贪污村款的指控被证实时,案件根据刑法规定解决。村委会对村机构管理村资金的监督职能是作为村社日益繁荣的一种形式来实现的。然而,由于村机关与BPD机构在村政府机构地位上的政治利益关系,监督仍然薄弱。我们可以得出结论,法律文书对于管理乡村资金至关重要,包括对乡村资金使用的问责制。此外,监督职能在村庄管理中具有重要作用,特别是在防止滥用村庄资金,导致腐败指控方面。