PEMBAGIAN KEWENANGAN PEMERINTAH PUSAT-PEMERINTAH DAERAH DALAM OTONOMI SELUAS-LUASNYA MENURUT UUD 1945
Abstract: The concept of the
relationship of authority between central and local governments within the
unitary state of Indonesia in the context of the widest possible autonomy based
on the Constitution of 1945. Whereas, the Republic of Indonesia as a state of
law is based on constitutional system so that in every action of law concerning
the concept of the relationship between central and local authorities should be
established through legislation, whereas in juridical manner of authority is a
right and legal authority of government. So, in the concept of the legal state
(rechtstaat) all of government action that came from their authority should be
based on legality principle. Therefore, the authority which is one form of
power has legitimacy (validity), which will be the relationship that authority
has a legitimate power. In the legislation related of the division of authority
between central government and local government that regulated in Law Number 23
of 2014 on local government is clearly not reflect autonomy broad.
Penulis: Abdul Rauf Alauddin
Said
Kode Jurnal: jphukumdd151583
