decontion安排作为州长权力的效力,在该地区担任中央政府代表

Dian Bakti Setiawan
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摘要

权力下放是国家管理的一个重要因素。它的存在不仅存在于行政法律秩序中,而且存在于宪法中,因为与权力下放一样,它关系到国家的基础和组织。如果说分权产生了地方政府(自治区),那么分权产生了地方州政府(行政区域)。这些行政区域由理论上所谓的长官领导。在印度尼西亚的背景下,省长由省长担任,这样省长就具有双重地位,即既是该省自治区的领导人,又是省长。印度尼西亚管理地方政府的法律使用“地区中心代表”一词来指定省长。改革至今,从中央到地方的政府管理似乎已经边缘化了分散的治理结构。改革时代给人的深刻印象是,把权力下放视为民主的对立面。这种印象非常强烈,以至于1945年修改后的宪法中不再包括权力分散和行政区域。2016年,宪法法院在一项决定中废除了州长拥有的撤销违反高级法律、公共利益和体面的《摄政令/城市区域条例》(Perda)的分散权力。此外,预算和规章制度以及协助地方长官作为中央代表的机构似乎运行缓慢。这样,问题就出现了:作为中央政府在地方的代表,省长对权力下放的实施是否有效?为了回答这个问题,对分散的实施进行了研究。研究结果表明,由于各种限制:有限的工具,有限的规则,有限的权力,分散的实施并没有有效
本文章由计算机程序翻译,如有差异,请以英文原文为准。
EFEKTIVITAS PENYELENGGARAAN DEKONSENTRASI SEBAGAI WEWENANG GUBERNUR DALAM KEDUDUKAN SEBAGAI WAKIL PEMERINTAH PUSAT DI DAERAH
Deconcentration is an important element in the administration of the state. Its existence is not only in administrative law order, but also in Constitutional law  because - like decentralization - it concerns the foundations and organization of the state. If decentralization gave birth to local government (autonomous region), then deconcentration gave birth to local state government (administrative area). These administrative areas are headed by what is known theoretically as a Prefector. For the Indonesian context, the prefector is held by the governor in such a way that the governor has a dual position, namely as the head of the autonomous region of the province as well as the prefector. The laws governing local government in Indonesia use the term representative of the center in the regions for the designation of prefector. Since the reformation until now, the administration of government from the center to the regions seems to have marginalized deconcentration as the governance structure. There was a strong impression during the reform era that looked at deconcentration as if were the antithesis of democracy. The impression was so strong that deconcentration and administrative areas were no longer included in the post-amendment 1945 Constitution. The deconcentrative authority possessed by the governor to revoke Regency/City Regional Regulations (Perda) that are contrary to higher laws, public interests, and decency, was annulled by the constitutional court in its decision in 2016. Furthermore, budgeting and regulation and formation the apparatus that assists the governor as the central representative in the regions appears to be running slowly. In this way the question arises: is the implementation of deconcentration effective by the governor as the representative of the central government in the regions? To answer this question, research was carried out on the implementation of the deconcentration. The results of the research show that the implementation of the deconcentration has not been effective due to various limitations: limited tools, limited rules, and limited authority
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