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Policy Paper : Advokasi Kebijakan Pelaksanaan UU Desa

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Executive Summary

Policy Advocacy for the Implementation of the Village Law

The Village Law (Law No. 6 of 2014 concerning “Desa”) provides the mandate for village governance that must pay attention to the principles of recognition and subsidiarity, including in the formulation of derivative policies at the central and regional levels. Therefore, all forms of legislation as the implementation of the Village Law must respect those principle including the position and authority of the village.

Since 2014 after the issuance of Government Regulation (Peraturan Pemerintah/PP) No. 43 of 2014 concerning Regulations for Implementing Law No. 6 of 2014 concerning Villages, IRE has compiled a Critical Review of the existence of the PP which, based on the perspective of IRE and the norms of the Village Law, experienced distortions and threatened village authority. In spite of changes in PP No. 47 of 2015, the overall meaning in the regulation remains the same, where this regulation failed in translating the will of the Village Law. Likewise, other Government Regulations (PPs) governing villages such as PP No. 60 of 2014 jo PP No. 22 of 2015 in conjunction with PP No. 8 of 2016 concerning Village Funds sourced from the State Budget was created with a centralized nuance.

On that basis, IRE Yogyakarta has an interest in realigning the mandate of the Village Law in various derivative regulations, including Government Regulations. Therefore, IRE began by conducting research with qualitative methods and document studies on the implementation of the Village Law, by taking samples in 3 districts, namely Bantul, Serdang Bedagai and Pasangkayu. These findings give birth to this Policy Paper whose purpose is to align village roads. The purpose of this “village road” is the village ways, the perspective established by the Village Law, and the mandates set forth in the articles, as well verses and their following explanation.

This Policy Paper notes conclusions based on the results of the research that are important for reflection together, especially policy makers. First, there is a misalignment between the Village Law and the PP which is currently used as the basis for operationalizing the Village Law. Second, the role of the supra-village government (regency, province, and central government) which in the Village Law is more obliged to conduct guidance and supervision has become increasingly authoritative in regulating and determining villages. Third, the

perspective in the PP still places the village as the object of development is urgently needed to b changed paradigmatically and comprehensively, both in terms of governance, community empowerment, asset utilization, and village finance. Fourth, PPs on Village Funds tend to reduce fund which is originally village’s rights by reclaiming it into state finance.

The inconsistency of the regulation is a strong reason for IRE to recommend the revocation and replacement of the two PPs that have been used as the basis for implementing the Village Law, namely PP No. 43 of 2014 as last amended to PP No. 11 of 2019 and PP No. 60 of 2014 and finally amended by PP No. 8 of 2016. Therefore, the government needs to immediately make a new PP as a substitute for the two PPs above, whose contents are in line with the spirit and values contained in the Village Law.

Keywords: Village Law, PP No. 43 of 2014, village authority

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