19 Mar 2013

FORMATTING THE LOCAL OFFICIAL INSTITUTION IN REALISING GOOD GOVERNANCE BASED ON THE ACT NUMBER 11, 2006 (A Research Conducted in Banda Aceh)

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 Qanun that 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:
4.            Real autonomous system, or a sense of real household (riele huishoudingsbegrip).[13]

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.






[1]Laporan Akuntabiltas Kinerja Instansi Pemerintah Kota Banda Aceh Tahun 2010,
  hal 4-5.                       
[2] Ibid
[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.
[6] Ibid., hal. 139-140.
[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 Peningkatan Pelayanan Publik (Disajikan pada Seminar dalam rangka Penataan Kembali Struktur Organisasi Perangkat Daerah Kota Banda Aceh, Universitas Syiah Kuala, 2005, hal.4
[12] Ibid, 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.
[14] Ibi d, hal.20.
[15] Bagir Manan, Op. Cit. hal. 76.
[16] Husni Jalil, Eksistensi Otonomi Khusus Provinsi Nanggroe Aceh Darussalam Dalam Negara Kesatuan RI Berdasarkan UUD 1945, CV.Utomo,  Bandung,  2005, hal.89.
[17]  Krishna D.Darumurti dan Umbu Rauta, Op. Cit. hal.22.
[18] Anton Pratono, Teori Pembagian Kekuasaan, www.google, donwload  5 Mei 2010
[19]Op.Cit, hal.85  
[20]Ibid, hal.87
[21]B.Hestu Cipto Handoyo, Otonomi Daerah Titik Berat Otonomi dan Urusan Rumah Tangga, Univers
[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
[26]Muhammad Nizwar,S.H,M.H, wawancara 5 Oktober  2012
[27] Dwiputrasyah (Kabag.Organisasi Setda Kota Banda Aceh), Wawancara 13 Maret 2012
[28]Pasal 22 ayat (1) PP No. 41 Tahun 2007
[29] Pasal 22 ayat (2) PP No. 41 Tahun 2007
[30] Pasal 22 ayat (3) PP No. 41 Tahun 2007
[31] Pasal 22 ayat (4) PP No. 41 Tahun 2007
[32] Pasal 22 ayat (5) PP No. 41 Tahun 2007
[33] Pasal 22 ayat (6) PP No. 41 Tahun 2007
[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
[36] M. Natsir Ilyas (Kepala BKPP Kota Banda Aceh), Wawancara 16 Maret 2012. Lebih lanjut pemerintah kota banda aceh  melalui BKPP terus melakukan langkah-langkah strategis seperti program bantuan belajar bagi aparatur yang berprestasi, kaderisasi kepempimpinan (seperti bimtekordiklat teknis dan fungsional yang dikelola oleh Banda Aceh Akademik (BAA)  
[37] Dwiputrasyah (Kabag. Organiasi setda Kota Banda Aceh) Wawancara 18 April 2012.

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