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]:
- Elements of the staff what can be contained in the Secretariat;
- 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?
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.
[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 Peningkatan Pelayanan
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.
[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
[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)
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