The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective)

Indonesia was introduced to the term, “village autonomy” in 1970s; establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entit autonomous unit of community in the second amendment of The 1945 Constitution of The State of Republic of Indonesia villages can have independent governments, by giving the alternative Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests drive and turning the direction and purpose of the law. This of village autonomy policies in Indonesia,


Introduction
The concept and the position of the village and the village government institutions throughout the history of constitutional development in Indonesia has experienced ups and downs like a roller coaster.The village originally was one entity at a time of so Istilah "otonomi desa" telah dikenal sejak tahun 1970an di Indonesia.Namun, sepanjang tahun di Indonesia, para legislator belum mampu memberikan kejelasan tentang konsep cukup kemerdekaan untuk mewakili diri mereka sebagai negara Indonesia.Pasal 18B dan 28I amandemen kedua konstitusi UUD 45) menyatakan bahwa desa-desa dapat memiliki pemerintah alternatif otonomi desa.Implementasi UU No. 6 tahun 2014 adalah bagian dari usaha untuk mewujudkan pesan Konstitusi, dan karenanya konsepsi otonomi desa ini diharapkan menjadi Undang-undang ini memiliki dampak yang cukup besar khawatir bahwa kepentingan politik mungkin mencoba untuk hukum.Penelitian ini adalah bagian dari penelitian tentang di Indonesia, dan dikompilasi dengan menggunakan pendekatan undang tonomi desa; kerangka konstitusi; pemerintahan daerah.throughout the past years of in Indonesia, the legislators have not been able to provide any clarity about y, do not have enough independence to represent themselves as an state administration system of Indonesia.Article 18B and 28I of the UUD 45) state that the village autonomy.Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of expected to be the catalyst for this concept.The presence of this law had a considerable impact on the 2014 presidential elections.Because of this people are concerned that political interests may try to is a part of the research on the implementation and is compiled by using statute and conceptual approach.Phahlevy, R. (2016).The Concept of Village Autonomy in Indonesia (Indonesian tahun pembentukan konsep ini.Desa-desa, sebagai unit otonom konstitusi negara pemerintahan yang Implementasi UU No. 6

tahun 2014 adalah bagian desa ini diharapkan menjadi pada pemilihan untuk mendorong tentang pelaksanaan undang-undang dan
The concept and the position of the village and the village government institutions throughout the history of constitutional development in Indonesia has experienced ups and downs like a roller coaster.The village originally was one entity at a time of social institutions of culture and government were not at all tied to the structure of the country, later in the state era (from the Netherlands, Japan of the state, therefore bound by the seal of power and regio to submit to the hierarchical system of state government.The withdrawal of the village into the structure of state power, forcing the village to be transformed from a self institutions of culture and government were not at all tied to the structure of the country, later the Netherlands, Japan, to Indonesia) was withdrawn as an instrument bound by the seal of power and regional programs, as well as liability to submit to the hierarchical system of state government.The withdrawal of the village into the structure of state power, forcing the village to be transformed from a self government.
The transformation that occurred systemically in the village, very influence Government concept.Autonomy as a consequence of the vertical distribution power of the State, not recognized on construction of village , given the village is a self governing community who are not on any Government In addition, autonomy of the village's existence is meant more as an Government organization to manage his household.After the birth of the and the entry of the village in the hierarchy of the State power, the concept of the autonomy of the village shifted into mere independence to manage household affairs of the village, as part of the governance of the countries in the region.
No. 6 Year 2014 on Village as an effort to improve corporate (Government) of the village, is part of a process of ups and downs the tate governance. in particular related to the effort to find the right formulation in ensuring the effectiveness and efficiency of State governance, equitable development and the result for the whole people of Indonesia.The Law No. 6 the response of demands improvements to legislation and regulation during this countryside is not considered appropriate and equitable2 .But that needs to be noted that this as part of the political process in the Parliament that seeks to seize the village of sympathy to .The focus of the most significant changes ever present with state budget as one of the source.
Remembering the birth of this law that are procedurally and substantially located at the nd political struggles ahead of the 2014 election, would be interesting to see whether the construction of Village  zelfbesturendelandchappen and areas that have the original order, and can therefore be considered as areas tha special" 5 .
Moving on from the explanation of Article 18, the position of the village in the provisions of Article 18B can be seen in the two approaches.First, the village as a zelfbesturendelandschappenas the territorial unity which has its own gove authority attached to the people (government formed in it) to organize and manage household affairs independently, and has an inherent right to autonomy as a rule.
volksgemeenschappen the village as a unit of the local communit framework in the organization of everyday life as a community Understanding of the meaning and purpose of Article 18B we can also dig in construction drafting history of the provision.Given the court proceedings related to the discussion of Article 18, one of the issues that arise as a matter of urgency for the holding of  Moving on from the explanation of Article 18, the position of the village in the provisions of Article 18B can be seen in the two approaches.First, the village as a the territorial unity which has its own government, has the authority attached to the people (government formed in it) to organize and manage household affairs independently, and has an inherent right to autonomy as a rule.Second, as a the village as a unit of the local community mores as an existential framework in the organization of everyday life as a community 6 .
Understanding of the meaning and purpose of Article 18B we can also dig in construction drafting history of the provision.Given the court proceedings related to the discussion of Article 18, one of the issues that arise as a matter of urgency for the holding of  ), it can be stated that the customary law community unit contemplated by Article 18B is the village, because this are approximately 250 , such as villages in Java and Bali, ... areas that have the original order, and can therefore be considered as areas that are Moving on from the explanation of Article 18, the position of the village in the provisions of Article 18B can be seen in the two approaches.First, the village as a rnment, has the authority attached to the people (government formed in it) to organize and manage household Second, as a y mores as an existential Understanding of the meaning and purpose of Article 18B we can also dig in construction drafting history of the provision.Given the court proceedings related to the discussion of Article 18, one of the issues that arise as a matter of urgency for the holding of (The 1945Constitution Undang Dasar Negara Kesatuan Republik Indonesia Tahun 1945 Sebelum Amandemen Elucidation.View the changes to Article 18 is because the concept is considered too simple, thus allowing a variety of interpretations in the form of policies and regulations also agreed the need for confirmation by the Article space of regional autonomy that therein lay the construction of the governance of regional autonomy within the framework of a unitary state, with also provide confirmation o original to give space recognition and respect for the rights of the origin of the community units. Tracing the history of the formulation, the position of Article 18B Paragraph (1) and Article 18B (2) are substantially used to explain two things (institutions) are different, but the spirit and thinking the same construction.Article 18B Paragraph (1) is intended as a form of recognition and respect for the country on the existence of regional and local govern institutions are due to its historical factors may be included in the construction of special areas and special autonomy.As for Article 18B Paragraph (2) is intended for the legal community unit attached to it right to the origin as well as village o that with other designations8 .
Chronology of the discussion related to village in the MPR associated with the spirit of recognition and respect for the rights of origin even at first village concept attached to the rights of origins proposal autonomy arrangements geared to accommodate the village as a unit of society "should" not be dragged in the hierarchy of power (government) countries.Village autonomy understo as the right and authority of origin rely on the construction history of the birth of the village, so that in such a context of village autonomy is not the rights and customary authority that grows from the formation of the village administration in the accompanying or attached on the birth of the village itself.
Village autonomy in the context of Article 18B by looking at existing historical basis, put on the scope of the right, authority and responsibility for an affair that knowledge (customs) and the right of the origin of the village community.Village autonomy in this context is the original and therefore put the state in a position to admit and respect, not to regulate, let alone set a limit of space or the changes to Article 18 is because the concept is considered too simple, thus allowing a variety of interpretations in the form of policies and regulations are biased interests also agreed the need for confirmation by the Article space of regional autonomy that therein lay the construction of the governance of regional autonomy within the framework of a unitary state, with also provide confirmation of the existence of the unity of people that are original to give space recognition and respect for the rights of the origin of the community Tracing the history of the formulation, the position of Article 18B Paragraph (1) and bstantially used to explain two things (institutions) are different, but the spirit and thinking the same construction.Article 18B Paragraph ( 1) is intended as a form of recognition and respect for the country on the existence of regional and local govern institutions are due to its historical factors may be included in the construction of special areas and special autonomy.As for Article 18B Paragraph ( 2) is intended for the legal community unit attached to it right to the origin as well as village or community unit equals Chronology of the discussion related to village in the MPR associated with the spirit of recognition and respect for the rights of origin attached to village-level government unit, ge concept attached to the rights of origins proposal9 , and therefore regional autonomy arrangements geared to accommodate the village as a unit of society "should" not be dragged in the hierarchy of power (government) countries.Village autonomy understo as the right and authority of origin rely on the construction history of the birth of the village, so that in such a context of village autonomy is not the rights and customary authority that grows from the formation of the village administration in the future, but that there are accompanying or attached on the birth of the village itself.
Village autonomy in the context of Article 18B by looking at existing historical basis, put on the scope of the right, authority and responsibility for an affair that emerged from local knowledge (customs) and the right of the origin of the village community.Village autonomy in this context is the original and therefore put the state in a position to admit and respect, not to regulate, let alone set a limit of space or scope of authority of village autonomy that is Naskah Komprehensif Perubahan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945: Latar Belakang, Proses, Dan Hasil Pembahasan, 1999-2002 (Buku  the changes to Article 18 is because the concept is considered too simple, thus allowing a are biased interests7 .Forum also agreed the need for confirmation by the Article space of regional autonomy that therein lay the construction of the governance of regional autonomy within the framework of a f the existence of the unity of people that are Clause "in tune with the times and civilization makes the customs inherent as the ri entitled to protection from the state.customs as the origin of the rights inherent cultural identification is only recognized to the extent corresponds to the construction of civilization that will be built by the state.In the context of this village autonomy, civilization and parameter values are supposed to Pancasila, which is a fundamental norm states at once philosofische grondslag for the Unitary Republic of Indonesia the times in question should be is conformity with the development of science and technology, in this case the customs are recognized as the origin of the village is only customs that promote the progress of the village and its people. Moving from the implementation of Article 18B and Article 28 of 1945 Constitution, the autonomy of the village can be understood as the rights, powers, duties and obligations attached to the village independently manage and take care of household villages along in tune with the demands of the times and in accordance with the value Village autonomy in this context is not independence and freedom, but freedom, a concept .An understanding of the construction of village autonomy in Article 18B cannot be separated from an understanding of the construction of Social and Cultural Rights in born during the trial and product same amendment (amendment 2).
The provisions of Article 28 Paragraph (3) which states that "The cultural identity and the rights of traditional communities be respected in line with the times and civilizations", a al frame for the recognition of village autonomy contained in Article 18B Paragraph (2) as part of Human Rights.In the context of Article 28 Paragraph (3), which is owned by the village autonomy as an institution of government as well as sozio-cultural en seen as part of a cultural identity whose existence should get protection from the state.That protection should be given the time it can be proved that the autonomy inherent in the village is a right inherent in the nature of the origin and become part of the identity that marks the existence of society and / or the village government entities and other institutions in tune with the times and civilization" contained in Article 28I Paragraph (3) makes the customs inherent as the right of the origin, are not automatically recognized and is entitled to protection from the state.customs as the origin of the rights inherent cultural identification is only recognized to the extent corresponds to the construction of civilization l be built by the state.In the context of this village autonomy, civilization and parameter values are supposed to Pancasila, which is a fundamental norm states at once for the Unitary Republic of Indonesia 12 .As for the constructio the times in question should be is conformity with the development of science and technology, in this case the customs are recognized as the origin of the village is only customs that promote the progress of the village and its people.implementation of Article 18B and Article 28 of 1945 Constitution, the autonomy of the village can be understood as the rights, powers, duties and obligations attached to the village independently manage and take care of household villages along in ith the demands of the times and in accordance with the value -the value of Pancasila.
Village autonomy in this context is not independence and freedom, but freedom, a concept  Village autonomy in this context is not independence and freedom, but freedom, a concept  The change from the usual not have a significant impact, because the concept of addition of administrative authority delegated authority derived from the structure above.
Problems arising from the change in status of sozio-cultural community and admini thus potentially cause social friction that slows the performance of governance and development in the village. 13Comparing to Prinsip Negara Kesatuan Dalam Negara Kesatuan RI (Jakarta: Prestasi Pustaka, 2005).The change from the usual indegenous village to village (territorial) presumably will not have a significant impact, because the concept of village autonomy of the bridge to the addition of administrative authority delegated authority derived from the structure above.
Problems arising from the change in status of Indigenous village is located at the level of cultural community and administrative habits, which require a lot of adjustment thus potentially cause social friction that slows the performance of governance and

The Village Autonomy in Law
Measuring the constitutionality of autonomous village in perspective of Article 28I the right of origin, and customs of the village".Thus the authority of village autonomy is fairly spacious and has a genuine character because the implementation of such authorities must respect the right of the origin and customs (indigenous) villages.
Apart from conceptual improvements that have been done with the presence of laws Village, there are some critical notes can be filed.First, it is not appropriate conceptual distinction between the village and the villagers regarding the rights and obligations attached to both (Chapter VI), because in historical perspective, the village and the people are one of existence of rights and obligations cannot be separated attached to the village substantially is the obligations and rights of the people, nor the right of the village is also the obligations and rights of its people.
that may be issued for the construction of village autonomy in Law not only become the domain of private that must free of intervention of whichever side including the nation, but giving the responsibility to the state to do the protection, guarantee and even effort for its accomplishment 19 .ESCR also has the dimension that having the ".Thus the authority of village autonomy is because the implementation of such authorities Apart from conceptual improvements that have been done with the presence of laws rst, it is not appropriate conceptual distinction between the village and the villagers regarding the rights and obligations attached to both (Chapter VI), because in historical perspective, the village and the people are one of existence of rights and obligations cannot be separated The second relates to the pattern and nature of the granting of autonomous villages.
As has been reviewed previously, that the style and nature of the granting of autonomy to the village in perspective Article 28I more Recognition compared to the Regulation.If the view on some of the provisions contained in Article 3 and Article 4 of Law No. 6 Year 2014 which put "rekognisi" as one of the principle in the setting of the village and the recognition, respect and preservation of customs and cultural identity as a destination for local enactment, then it can be said that the construction of village autonomy in legislation has be the Constitution.However, if seen from the existence of a distinction setting that led to the existence of different treatment towards the Village and the chapter III and the next, it can be seen as a The equation of definition of Indigenous Villages and villages are systemic in section 1 point 1 must bring consequences that equally against the construction of autonomy for both.

Autonomous village and the constr
shows the spirit of the democratization of governance to realize the village

Conclusions
The village autonomy in law No. 6 Year 2014 can be conceptualised as a set of rights, The concept and the position of the village and the village government institutions throughout the history of constitutional development in Indonesia has experienced ups and downs like a roller coaster.The village originally was one entity at a time of so __ 27 open The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) of Constitutional Law, Faculty of Law, Universitas Muhammadiyah Sidoarjo, Jl.
community became a local self-governme The transformation that occurred the birth of Autonomy Village vertical distribution power of the State, not recognized on construction of village at first, given the village is a self governing community who are not on any Government hierarchy structure 1 .In addition, autonomy independence of an Government State concept and the entry of the village in the hierarchy of the State power, the concept of the autonomy of the village shifted into mere independence to manage household affairs of the village, as part of the governance of the cou The enactment of Law No. 6 governance (Government) of the village, democratization of State governance.formulation in ensuring the effectiveness and efficiency of State governance, equitable development and the result for the whole people of Indonesia.The the response of demands improvements to legislation and re is not considered appropriate and equitable as part of the political process in the Parliament that seeks to seize the village of sympathy to win Elections by 2014 3 .The focus of the most significant changes ever present Village Fund Allocation (ADD) with Remembering the birth of this law that are procedurally and substantially located at the vortex of national interests and political struggles ahead of the 2014 election, would be interesting to see whether the construction of Village Autonomy in harmony with the construction of Village Autonomy in Article 18B and Article 28 of 1945 Constitution of The State of Republic of Indonesia (UUD 45) . The clause of Artic legal community who rely on the customs and/ explanation of Article 18 prior to the second paragraph as well give recognition to the unity of indigenous peoples.If the construction of customary law community unit in Article 18B placed in the context of the explanation of Article 18 ( customary law community unit contemplated by Article 18B is the village, because th explanation made it clear that " , especially products that are directly related to the existence of the village and the government in this area is important, because the results of this study can serve as a basic framework for relevant stakeholders to determine the next steps to provideThe bias of interest in making the legislation essentially s, as long as the interests of bias amendment which was le 18B which recognizes the existence of unity of the , is a reconstruction of the explanation of Article 18 prior to the second paragraph as well give recognition to the unity peoples.If the construction of customary law community unit in Article 18B original to give space recognition and respect for the rights of the origin of the community Tracing the history of the formulation, the position of Article 18B Paragraph (1) and bstantially used to explain two things (institutions) are different, but the spirit and thinking the same construction.Article 18B Paragraph (1) is intended as a form of recognition and respect for the country on the existence of regional and local government institutions are due to its historical factors may be included in the construction of special areas and special autonomy.As for Article 18B Paragraph (2) is intended for the legal r community unit equals Chronology of the discussion related to village in the MPR associated with the spirit level government unit, , and therefore regional autonomy arrangements geared to accommodate the village as a unit of society "should" not be dragged in the hierarchy of power (government) countries.Village autonomy understood as the right and authority of origin rely on the construction history of the birth of the village, so that in such a context of village autonomy is not the rights and customary authority that future, but that there are Village autonomy in the context of Article 18B by looking at existing historical basis, emerged from local knowledge (customs) and the right of the origin of the village community.Village autonomy in this context is the original and therefore put the state in a position to admit and respect, not scope of authority of village autonomy that is Undang Dasar Negara Republik Indonesia Tahun 2002 (Buku IV Kekuasaan Pemerintahan Negara , ed.Meyrinda R. Hilipito P and Lulu Anjarsari, 2nd ed.(Jakarta: Sekretariat Jenderal dan Kepaniteraan Review Article The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) Rifqi Ridlo Phahlevy original 10 .An understanding of the construction of village autonomy in Article 18B cannot be separated from an understanding of the construction of Social and Cultural Rights in Article 28, given that both born during the trial and product same amendment (amendment 2).The provisions of Article 28 Paragraph (3) which states that "The cultural identity and the rights of traditional communities be respected in line with the times and civilizations", a conceptual frame for the recognition of village autonomy contained in Article 18B Paragraph (2) as part of Human Rights.In the context of Article 28 Paragraph (3), which is owned by the village autonomy as an institution of government as well as seen as part of a cultural identity whose existence should get protection from the state.That protection should be given the time it can be proved that the autonomy inherent in the village is a right inherent in the nature of the origin and existence of society and / or the village government entities and other institutions

__ 31 .
An understanding of the construction of village autonomy in Article 18B cannot be separated from an understanding of the construction of Social and Cultural Rights in born during the trial and product same amendment (amendment 2).The provisions of Article 28 Paragraph (3) which states that "The cultural identity and the rights of traditional communities be respected in line with the times and civilizations", a al frame for the recognition of village autonomy contained in Article 18B Paragraph (2) as part of Human Rights.In the context of Article 28 Paragraph (3), which is owned by cultural entities, can be seen as part of a cultural identity whose existence should get protection from the state.That protection should be given the time it can be proved that the autonomy inherent in the village become part of the identity that marks the existence of society and / or the village government entities and other institutions 11 ." contained in Article 28I Paragraph (3) ght of the origin, are not automatically recognized and is entitled to protection from the state.customs as the origin of the rights inherent cultural identification is only recognized to the extent corresponds to the construction of civilization l be built by the state.In the context of this village autonomy, civilization and parameter values are supposed to Pancasila, which is a fundamental norm states at once .As for the construction of the times in question should be is conformity with the development of science and technology, in this case the customs are recognized as the origin of the village is only implementation of Article 18B and Article 28 of 1945 Constitution, the autonomy of the village can be understood as the rights, powers, duties and obligations attached to the village independently manage and take care of household villages along in the value of Pancasila.
that is completely different to the implications (consequence) systemic also dif Autonomy in the context of a unitary state which calls for the unity of the state governance Assessing the degree of suitability of the concept of Law No. 6 2014 with Paragraph 2 of Article 18B 1945 Constitution, there're two parameters can be submitted to assess, firstly related to conceptual building, and second related to autonomous scope or broadness Village.Related to conceptual building, that Law of No. 6 Year 2014 expressly do not give one pukka definition to concept of autonomy of Village, even so, from construction of arrangement contained in Law of The Village, autonomy of Village can be meant as a set right, obligation and responsibility to housewifery management of Village (including in it business of government and social community) by structure of Village government or that is owned by Village as autonomous area.Concept of the autonomy covers also right, obl and responsibility based on tradition and the origin of Village as an unity of public who having the character of genealogical and the territorials.The concept is substantially actually is not against mean and desire of paragraph (2), because the concept is actually had expressed the confession and respect to the existence of rights the origin of and customs that sticking in the Village.Issues possible arises from the conceptual building autonomy of the Village is on strict nation in p formula inside the Law of No. 6 Year 2014, because by he confessed two classifications of Village (Indegenous Village and between both the classifications, then assertively the formula autonomous scope and pattern of relationship of between structure of government. owned by Village as autonomous area.Concept of the autonomy covers also right, obl and responsibility based on tradition and the origin of Village as an unity of public who having the character of genealogical and the territorials.The concept is substantially actually is not against mean and desire of because the concept is actually had expressed the confession and respect to the existence of rights the origin of and customs that sticking in the Village.Issues possible arises from the conceptual building autonomy of the Village is on strict nation in putting down the formula inside the Law of No. 6 Year 2014, because by he confessed two classifications of and Territorial Village) and possible it of transformation between both the classifications, then assertively the formula will trigger the issues related to autonomous scope and pattern of relationship of between structure of government.
owned by Village as autonomous area.Concept of the autonomy covers also right, obligation and responsibility based on tradition and the origin of Village as an unity of public whoThe concept is substantially actually is not against mean and desire of Article 18B because the concept is actually had expressed the confession and respect to the existence of rights the origin of and customs that sticking in the Village.Issues possible arises utting down the formula inside the Law of No. 6 Year 2014, because by he confessed two classifications of ) and possible it of transformation will trigger the issues related to autonomous scope and pattern of relationship of between structure of government.village to village (territorial) presumably will village autonomy of the bridge to the addition of administrative authority delegated authority derived from the structure above.village is located at the level of a lot of adjustment, and thus potentially cause social friction that slows the performance of governance andLandasan Dan Prinsip Hukum Otonomi DaerahReview ArticleThe Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) Rifqi Ridlo PhahlevyThe potential presence of legal problem is if there is a change the status of the villag into the Village People, because of this change in status would affect the scope of the matters that it is possible there and recognized by the state.The village turned the Indigenous village, run the rights, duties and authority based on the principle expansion of the scope of village autonomy, primarily related to the dispute that is possible comes from the redefinition of indigenous territories and indigenous peoples that became the locus and subject to regulation and Separation of villages and indigenous villages in the Village presumably is not appropriate, as it would reduce the existence of villages that were originally inseparable from customs as his identity.Equal treatment between the village and the indigenous villages as explained in the paradigmatic confusion in the separation of the conception of the village and indigenous villages 15 .Related parameters of breadth of coverage village autonomy, the outline can be seen that the breadth of village autonomy in Law No. 6 Year 2014 was adjusting to the conception of Article 18B paragraph (2), which requires the village became a legal community unit, or according Asshiddiqie, village is a legal entity historically demanded a space of autonomy and to encourage the independence of the village in the activity as a legal subject.The formulation of Article 3 which stipulates that one of the principles in the governance of the village is the principle of formulation of Article 4 related to the purpose of setting the village as a framework to ensure the village as an institution and the legal community unit that is genuine to the customs attached to him is reflection from spirit of autonomous confessio nation.Judging by the instrument of authority attached to the village as stipulated in Chapter IV of the Authority of the Village, presumably village authority already reflects the concept of the village as an autonomous re Article 18 stated that the broad autonomy of the village include " organizing the Village Administration, implementation of Rural Development, Rural community development, and community empowerment village based community initiatives, 14 Indonesia, UU Nomor 6 Tahun 2014 Tentang Desa Item.15 Ibid.16Jimly Asshiddiqie, "Konstitusi Masyarakat Desa (Piagam Tanggung Jawab Dan Hak Asasi Warga Desa)"(Jakarta, 2015).View Item.The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective)The potential presence of legal problem is if there is a change the status of the villag because of this change in status would affect the scope of the matters that it is possible there and recognized by the state.The village turned the Indigenous village, run the rights, duties and authority based on the principle of recognition, allowing for the expansion of the scope of village autonomy, primarily related to the dispute that is possible comes from the redefinition of indigenous territories and indigenous peoples that became the locus and subject to regulation and governance of government Indigenous villages Separation of villages and indigenous villages in the Village Law in Article 18B perspective presumably is not appropriate, as it would reduce the existence of villages that were originally inseparable from customs as his identity.Equal treatment between the village and the indigenous villages as explained in the UUD 45 (old) elucidation also confirms the paradigmatic confusion in the separation of the conception of the village and indigenous Related parameters of breadth of coverage village autonomy, the outline can be seen omy in Law No. 6 Year 2014 was adjusting to the conception (2), which requires the village became a legal community unit, or village is a legal entity 16 .As a legal entity, the Village has ed a space of autonomy and to encourage the independence of the village in the activity as a legal subject.The formulation of Article 3 which stipulates that one of the principles in the governance of the village is the principle of recognition as well as formulation of Article 4 related to the purpose of setting the village as a framework to ensure the village as an institution and the legal community unit that is genuine to the customs reflection from spirit of autonomous confession of village in constitution of The potential presence of legal problem is if there is a change the status of the village because of this change in status would affect the scope of the matters that it is possible there and recognized by the state.The village turned the Indigenous village, of recognition, allowing for the expansion of the scope of village autonomy, primarily related to the dispute that is possible comes from the redefinition of indigenous territories and indigenous peoples that became the governance of government Indigenous villages 14 .in Article 18B perspective presumably is not appropriate, as it would reduce the existence of villages that were originally inseparable from customs as his identity.Equal treatment between the village and also confirms the paradigmatic confusion in the separation of the conception of the village and indigenous Related parameters of breadth of coverage village autonomy, the outline can be seen omy in Law No. 6 Year 2014 was adjusting to the conception (2), which requires the village became a legal community unit, or .As a legal entity, the Village has ed a space of autonomy and to encourage the independence of the village in the activity as a legal subject.The formulation of Article 3 which stipulates that one of the as well as the formulation of Article 4 related to the purpose of setting the village as a framework to ensure the village as an institution and the legal community unit that is genuine to the customs n of village in constitution of Judging by the instrument of authority attached to the village as stipulated in Chapter IV of the Authority of the Village, presumably village authority already reflects the concept gion and the unity of the traditional society, because under authority in the field of organizing the Village Administration, implementation of Rural Development, Rural , and community empowerment village based community initiatives, Elucidation.View Jimly Asshiddiqie, "Konstitusi Masyarakat Desa (Piagam Tanggung Jawab Dan Hak Asasi Warga Desa)" the right of origin, and customs of the village fairly spacious and has a genuine must respect the right of the origin and customs (indigenous) villages.Apart from conceptual improvements that have been done with the presence of laws Village, there are some critical notes can be filed.Fi distinction between the village and the villagers regarding the rights and obligations attached to both (Chapter VI), because in historical perspective, the village and the people are one of organic unity in which the existence of rights and obligations cannot be separated obligation are attached to the village substantially is the obligations and rights of the people, nor the right of the village is also the obligations and rights of its people.Another criticism that may be issued for the construction of village autonomy in Law No. 6 of 2014 is related to the regulation of the rights and authority of indigenous villages.In-construction drafting history of Article 18B Paragraph (2), there was an understanding tha the lives of indigenous peoples, the policy pursued in character recognition and respect and not setting, given indigenous villages are genuine and therefore has a diversity between one and the other 18 .Separate regulation of the Village People in Chapter substantial have entered the realm of state intervention on the existence of the unity of indigenous peoples, and historical philosophies promoted contrary to the spirit of Article 18B Paragraph (2) 1945 Constitution.

No. 6
of 2014 is related to the regulation of the rights and authority of indigenous villages.drafting history of Article 18B Paragraph (2), there was an understanding tha the lives of indigenous peoples, the policy pursued in character recognition and respect and not setting, given indigenous villages are genuine and therefore has a diversity between one .Separate regulation of the Village People in Chapter XIII we believe a substantial have entered the realm of state intervention on the existence of the unity of indigenous peoples, and historical philosophies promoted contrary to the spirit of Article 18B Paragraph (2) 1945 Constitution.Law No. 6 Year 2014 perspective Article 28I UUD 45.Measuring the constitutionality of autonomous village in perspective of Article 28I UUD 1945, we must see the autonomy of village from Human Right perspective, because rticle 28I paragraph (3) is Covenant on Economic The characteristics of the Economic Social and Cultural Right (ESCR) in current of HAM is having the character of positive right, existence of the right do 17 .The attached to the village substantially is the obligations and rights of the people, that may be issued for the construction of village autonomy in Law No. 6 of 2014 is related to the regulation of the rights and authority of indigenous villages.drafting history of Article 18B Paragraph (2), there was an understanding that the lives of indigenous peoples, the policy pursued in character recognition and respect and not setting, given indigenous villages are genuine and therefore has a diversity between one XIII we believe a substantial have entered the realm of state intervention on the existence of the unity of indigenous peoples, and historical philosophies promoted contrary to the spirit of Article 18BNo.6 Year 2014 perspective Article 28I UUD 45.Measuring the constitutionality of autonomous village in perspective of Article 28I UUD 1945, we must see the autonomy of village from Human Right perspective, because rticle 28I paragraph (3) is Covenant on Economic Social and and Cultural Right (ESCR) in current of HAM is having the character of positive right, existence of the right do not only become the domain of private that must free of intervention of whichever side the state to do the protection, guarantee ESCR also has the dimension that having the Naskah Komprehensif Perubahan Undang-Undang r Belakang, Proses, Dan Hasil Pembahasan, 1999-2002 Wacana Hak Ekonomi, Sosial, Dan Budaya.(Surabaya: Pusat Studi dan Hak Asasi Manusia Universitas Review Article The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) Rifqi Ridlo Phahlevy character of negativity to realize accessibility and accomplishment of the right, nation in a state of certain prohibited to take Article 28I paragraph (3) in CESCR's perspective can be meant as recourse of law of the state to various cultural identities and customs there and develop in Indonesia along with all consequences of systemizes harmony with standing and prestige of people of Indonesia that harmony with development of age and cannot interpret as constrain of confession to development of global culture (modernism) and disregard and refuse the existence and runs the tradition which originally sticks as identity of local public with reason and n modernism.Understanding Article 18B construction Article 28I paragraph confession and respect to the unity of public of is distinguishe variance culture as its identity.In context is then construction Article 18B bound to Declaration of UN about (six) right of public of custom who substantial its accomplishment, namely 21 : 1) Rights to determine the fate itself; 2) rights to represent own stewardship of institutional/custom 3) rights to run their customary law; 4) rights to have, master, and manage soil;land;ground of its natural resources; 5) rights to identify himself as public of custom; 6) Intellectual property right Regardless the debate about is only limited to Indigenous Village whole context of public of custom in the indonesia in general character of norm related to Government of Village and provision of Article 28I paragraph compared to arrangement.Arrangement can be done limited to protect existence and 20 Majda El Muhtaj, Dimensi-Dimensi HAM, Mengurai Hak Ekonomi, Sosial Dan Budaya Grafindo Persada, 2013).pp.xxix-xxxii 21 Surabaya, Wacana Hak Ekonomi, Sosial, Dan Budaya.Pemikiran Beberapa Dosen Universitas Surabaya 101. 22Muhtaj, Dimensi-Dimensi HAM, Mengurai Hak Ekonomi, Sosial Dan Budaya The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) character of negativity to realize accessibility and accomplishment of the right, nation in a to take the action and act can cause to injured it of the right (3) in CESCR's perspective can be meant as recourse of law of the state to various cultural identities and customs there and develop in Indonesia along with that background and brought by various the at length of in harmony with standing and prestige of people of Indonesia that have Pancasila.Word in harmony with development of age and civilization of clause Article 28I paragraph terpret as constrain of confession to an ESCR only at culture that in harmony with development of global culture (modernism) and disregard and refuse the existence and runs the tradition which originally sticks as identity of local public with reason and n Understanding Article 18B paragraph (2) diametrally cannot be discharged from the paragraph (3), is because essence of base of Article 18B is confession and respect to the unity of public of is distinguished customary law variance culture as its identity.In context is then construction Article 18B paragraph bound to Declaration of UN about The Rights of Indigenous Peoples, admitted existence of 6 (six) right of public of custom who substantially claim active role of nation in protection and to determine the fate itself; ownself in the negotiations with the other party through the stewardship of institutional/custom; customary law; to have, master, and manage soil;land;ground of its natural resources; self as public of custom; and Intellectual property rights.about understanding of indigenous of society in Indonesia, Village that referring at term of local public?Or surrounding the whole context of public of custom in the indonesia in general? 22The conclusion related to Government of Village and Autonomous Village paragraph (3) righteously more have the character of confession compared to arrangement.Arrangement can be done limited to protect existence and Dimensi HAM, Mengurai Hak Ekonomi, Sosial Dan Budaya, 3rd ed.(Jakarta: Raja xxxii.View Item.Wacana Hak Ekonomi, Sosial, Dan Budaya.Pemikiran Beberapa Dosen Universitas Surabaya Dimensi HAM, Mengurai Hak Ekonomi, Sosial Dan Budaya.__ 35 character of negativity to realize accessibility and accomplishment of the right, nation in a the action and act can cause to injured it of the right 20 .(3) in CESCR's perspective can be meant as recourse of law of the state to various cultural identities and customs there and develop in Indonesia along with that background and brought by various the at length of in Pancasila.Word in paragraph (3) it only at culture that in harmony with development of global culture (modernism) and disregard and refuse the existence and runs the tradition which originally sticks as identity of local public with reason and not follow the (2) diametrally cannot be discharged from the (3), is because essence of base of Article 18B is d customary law by social paragraph (2) , admitted existence of 6 ly claim active role of nation in protection and self in the negotiations with the other party through the to have, master, and manage soil;land;ground of its natural resources; righteously more have the character of confession compared to arrangement.Arrangement can be done limited to protect existence and , 3rd ed.(Jakarta: Raja Wacana Hak Ekonomi, Sosial, Dan Budaya.Pemikiran Beberapa Dosen Universitas Surabaya.p. guarantee harmony between autonomy of village with principle of unity or lessen blush of the autonomy.Starting from the understand the degree of the constitutionality of the village autonomy concept present in 2014.First we can see from the formulation of the unity of the community's customary law in Law No. 6 Year 2014. the concept of the unity of represented by the term village and Number 1.This definition provides a guarantee that the village and the village of custom is just the same, because both are attached to the their territory.The context of the definition i the construction Article 28I paragraph (3), because in the definition of the village and the village customary law community unity seated as customs have leeway in setting the Affairs of governance bylaws based on the initiative and customs that are adhered to.As for the recognition of rights and the authority based on the principle of the unity of the Country is part of the shared identity of the nation that constitutionally framing the overall corpora governance of State power in Indonesia.The principle of unitary State not to limit the diversity of form and structure, but rather to give the assurance of diversity that has one submission on the same common interests as a nation.
2014.First we can see from the formulation of the unity of the community's customary law in 2014.the concept of the unity of community law within the legislation represented by the term village and Indigenouss village, uniformly defined in 1.This definition provides a guarantee that the village and the village of custom is just the same, because both are attached to the same identity and scope of authority, witThe context of the definition in Article 1 number 1 has been aligned in harmony with the construction Article 28I paragraph (3), because in the definition of the village and the village customary law community unity seated as customs have leeway in setting the Affairs ws based on the initiative and customs that are adhered to.As for the recognition of rights and the authority based on the principle of the unity of the Country is part of the shared identity of the nation that constitutionally framing the overall corpora governance of State power in Indonesia.The principle of unitary State not to limit the diversity of form and structure, but rather to give the assurance of diversity that has one submission on the same common interests as a nation.. to the pattern and nature of the granting of autonomous villages.As has been reviewed previously, that the style and nature of the granting of autonomy to the village in perspective Article 28I more Recognition compared to the Regulation.If the view ome of the provisions contained in Article 3 and Article 4 of Law No. 6 Year 2014 which " as one of the principle in the setting of the village and the recognition, respect and preservation of customs and cultural identity as a destination for local enactment, then it can be said that the construction of village autonomy in legislation has been harmonised with the Constitution.However, if seen from the existence of a distinction setting that led to the existence of different treatment towards the Village and the Indegenous Village chapter III and the next, it can be seen as a form of inconsistency in the law setting.The equation of definition of Indigenous Villages and villages are systemic in section 1 point 1 must bring consequences that equally against the construction of autonomy for both.and the construction of the village setting in the law is indeed already shows the spirit of the democratization of governance to realize the village 2014.First we can see from the formulation of the unity of the community's customary law in law within the legislation defined in Article 1 1.This definition provides a guarantee that the village and the village of custom is identity and scope of authority, within 1 has been aligned in harmony with the construction Article 28I paragraph (3), because in the definition of the village and the village customary law community unity seated as customs have leeway in setting the Affairs ws based on the initiative and customs that are adhered to.As for the recognition of rights and the authority based on the principle of the unity of the Country is part of the shared identity of the nation that constitutionally framing the overall corporate governance of State power in Indonesia.The principle of unitary State not to limit the diversity of form and structure, but rather to give the assurance of diversity that has one to the pattern and nature of the granting of autonomous villages.As has been reviewed previously, that the style and nature of the granting of autonomy to the village in perspective Article 28I more Recognition compared to the Regulation.If the view ome of the provisions contained in Article 3 and Article 4 of Law No. 6 Year 2014 which " as one of the principle in the setting of the village and the recognition, respect and preservation of customs and cultural identity as a destination for local enactment, then it en harmonised with the Constitution.However, if seen from the existence of a distinction setting that led to the Indegenous Village as set forth in form of inconsistency in the law setting.The equation of definition of Indigenous Villages and villages are systemic in section 1 point 1 must bring consequences that equally against the construction of autonomy for both. is indeed already shows the spirit of the democratization of governance to realize the village-based Review Article The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) Rifqi Ridlo Phahlevy participatory governance, but on the other hand the pattern settings made through Year 2014 shows the distrust of the State on the processes that are running in the village.The settings are so rigid about the process and procedures of governance and development, of the obligations and duties of the head of the village, as well as the structural layout of th Government, and even showed a culture village, and made efforts to appeal to the Government of the village into the nets of the bureaucracy of the State.The provisions of Article 95 which became the basis for the existence of Indigenous Villages in the center of the village, no more only served as an organization set up by the village to keep the historical romance side of the upper village customs.The institution is not an element of the organizers of the village Government has the authority to impose introduction of customs and local wisdom in the village.The principle of Law No. 6 Year 2014 nothing more just meaningful for Indigenous Village of settings in chapter XIII, because only Indigenous Village which enables the implemen and local wisdom as part of the governance.
obligations and responsibility for the management of household affairs of the village (including the Affairs of Government and social development) by the governmental structure of the village or that is owned by the village as an autonomous region.The village autonomy concept in Law No. 6 Year 2014 are essentially has been in accordance with the construction of village autonomy in article 18B paragraph perspective of the Article 28I paragraph (3) there are some disharmony related to existence of traditional rights, because the basic essential applied to governance of Indigenous Villages, and not to the Government of the village.The village does indeed get the certainty of an increasingly broad aut an additional source of revenue of the with a variety of administrative procedures that are incriminating and alien to the Government of the village.The construction of the e of "negaraisasi" and "birokratisasi will look not freedom in its limitations.The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) participatory governance, but on the other hand the pattern settings made through strust of the State on the processes that are running in the village.The settings are so rigid about the process and procedures of governance and development, of the obligations and duties of the head of the village, as well as the structural layout of th Government, and even showed a culture village, and made efforts to appeal to the Government of the village into the nets of the bureaucracy of the State.The provisions of Article 95 which became the basis for the existence of Indigenous center of the village, no more only served as an organization set up by the village to keep the historical romance side of the upper village customs.The institution is not an element of the organizers of the village Government has the authority to impose introduction of customs and local wisdom in the village.The principle of "rekognisi 2014 nothing more just meaningful for Indigenous Village of settings in chapter XIII, because only Indigenous Village which enables the implementation of cust governance.The village autonomy in law No. 6 Year 2014 can be conceptualised as a set of rights, obligations and responsibility for the management of household affairs of the village ing the Affairs of Government and social development) by the governmental structure of the village or that is owned by the village as an autonomous region.The village autonomy concept in Law No. 6 Year 2014 are essentially has been in accordance with the construction of village autonomy in article 18B paragraph ( perspective of the Article 28I paragraph (3) there are some disharmony related to existence of traditional rights, because the basic essential rekognisi in the law can only be applied to governance of Indigenous Villages, and not to the Government of the village.The village does indeed get the certainty of an increasingly broad autonomous spaces as well as an additional source of revenue of the State Budget, but at the same time the village charged with a variety of administrative procedures that are incriminating and alien to the Government of the village.The construction of the existing settings even impressive presence birokratisasi" villages, and the extent of the autonomy of the village will look not freedom in its limitations.__ participatory governance, but on the other hand the pattern settings made through Law No. 6 strust of the State on the processes that are running in the village.The settings are so rigid about the process and procedures of governance and development, of the obligations and duties of the head of the village, as well as the structural layout of the Government, and even showed a culture village, and made efforts to appeal to the The provisions of Article 95 which became the basis for the existence of Indigenous center of the village, no more only served as an organization set up by the village to keep the historical romance side of the upper village customs.The institution is not an element of the organizers of the village Government has the authority to impose the rekognisi" in the 2014 nothing more just meaningful for Indigenous Village of settings in tation of customs The village autonomy in law No. 6 Year 2014 can be conceptualised as a set of rights, obligations and responsibility for the management of household affairs of the village ing the Affairs of Government and social development) by the governmental structure The village autonomy concept in Law No. 6 Year 2014 are essentially has been in (2), but in the perspective of the Article 28I paragraph (3) there are some disharmony related to the in the law can only be applied to governance of Indigenous Villages, and not to the Government of the village.The onomous spaces as well as , but at the same time the village charged with a variety of administrative procedures that are incriminating and alien to the xisting settings even impressive presence villages, and the extent of the autonomy of the village

Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective)
Autonomy in Law No. 6 in harmony with the construction of Village Autonomy in Article 18B and Article 28 of n of The State of Republic of Indonesia (UUD 45).The study of the , June 2016, 27-40 8595, E. ISSN.2443-3497 http://ojs.umsida.ac.id/index.php/rechtsideehttp://dx.doi.org/10.21070/jihr.v3i1.151institutions of culture and government were not at all tied to the structure of the country, later to Indonesia) was withdrawn as an instrument nal programs, as well as liability to submit to the hierarchical system of state government.The withdrawal of the village into the structure of state power, forcing the village to be transformed from a self-governing Rifqi Ridlo Phahlevy constitutionality of legislation, especially products that are directly related to the existence of the village and the government in this area is important, because the results of this stu serve as a basic framework for relevant stakeholders to determine the next steps to provide legal protection for the people.legitimate,given the legislative Product is a product of politic products still in the corridors of the Constitution.
, 1st ed.(Jakarta: Balai Pustaka, 1984).p. 202.View Item.Andin Sofyanoor, "Pengaturan Desa Dalam Perspektif Law As an Allocative System," Fiat Justisia Jurnal View Item.HukumPemerintahan Desa Dalam Konstitusi Indonesia Sejak Kemerdekaan Hingga Era  , 1st ed.(Malang: Setara Press, 2015).p. 206-207.View Item.)of the village's existence is meant more as fter the birth of the and the entry of the village in the hierarchy of the State power, the concept of the autonomy of the village shifted into mere independence to manage household affairs of as an effort to improve corporate is part of a process of ups and downs the rt to find the right formulation in ensuring the effectiveness and efficiency of State governance, equitable No. 6 Year 2014 is gulation during this countryside.But that needs to be noted that this law was born as part of the political process in the Parliament that seeks to seize the village of sympathy to .The focus of the most significant changes ever present is on the Remembering the birth of this law that are procedurally and substantially located at the nd political struggles ahead of the 2014 election, would be

The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) constitutionality
of legislation, especially products that are directly related to the existence of the village and the government in this area is important, because the results of this stu serve as a basic framework for relevant stakeholders to determine the next steps to provide legal protection for the people.The bias of interest in making the legislation essentially legitimate, given the legislative Product is a product of politics, as long as the interests of bias products still in the corridors of the Constitution.

Law No. 6 Year 2014 Perspective Article 18B Paragraph Assessing
Rechtsidee, 3 (1), P. ISSN.2338-8595, E. ISSN.2443 Journal Homepage: http://ojs.umsida.ac.id/index.php/rechtsideeDOI Link: http://dx.doi.org/10.21070/jihr.v3i1.151that is completely different to the implications (consequence) systemic also dif Autonomy in the context of a unitary state which calls for the unity of the state governance the degree of suitability of the concept of village autonomy between the Law No. 6 2014 with Paragraph 2 of Article 18B 1945 Constitution, there're two parameters can be submitted to assess, firstly related to conceptual building, and second related to autonomous scope or broadness Village. to conceptual building, that Law of No. 6 Year 2014 expressly do not give one pukka definition to concept of autonomy of Village, even so, from construction of arrangement contained in Law of The Village, autonomy of Village can be meant as a set ligation and responsibility to housewifery management of Village (including in it business of government and social community) by structure of Village government or that is Autonomy in the context of a unitary state which calls for the unity of the state governance 13 .