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HUBUNGAN KEKUASAAN ANTARA PERANGKAT PEMERINTAH PUSAT DENGAN PEMERINTAH DAERAH BERDASARKAN TINJAUAN HUKUM TATA NEGARA

HUBUNGAN KEKUASAAN ANTARA PERANGKAT PEMERINTAH PUSAT DENGAN PEMERINTAH DAERAH BERDASARKAN TINJAUAN HUKUM TATA NEGARA

Pemerintah Daerah di Indonesia adalah penyelenggara pemerintahan daerah menurut ASAS OTONOMI  dan TUGAS PEMBANTUAN  dengan prinsip otonomi seluas-luasnya dalam sistem dan prinsip Negara Kesatuan Republik Indonesia (NKRI) sebagaimana dimaksud dalam Undang-Undang Dasar 1945. Pemerintah Daerah adalah Gubernur, Bupati, atau Walikota, dan Perangkat Daerah sebagai unsur penyelenggara pemerintahan daerah.

Setiap daerah dipimpin oleh kepala pemerintah daerah yang disebut Kepala Daerah. Kepala Daerah untuk provinsi disebut Gubernur, untuk kabupaten disebut Bupati dan untuk kota adalah Walikota. Kepala Daerah dibantu oleh satu orang wakil kepala daerah, untuk provinsi disebut Wakil Gubernur, untuk kabupaten disebut Wakil Bupati dan untuk kota disebut Wakil Walikota. Kepala dan wakil kepala daerah memiliki tugas, wewenang dan kewajiban serta larangan. Kepala Daerah juga mempunyai kewajiban untuk memberikan laporan penyelenggaraan pemerintahan daerah kepada PEMERINTAH PUSAT, dan memberikan laporan keterangan pertanggungjawaban kepada DPRD, serta menginformasikan laporan penyelenggaraan pemerintahan daerah kepada MASYARAKAT.

PEMERINTAH  DAERAH  wajib melaporkan posisi surplus/defisit APBD kepada MENTERI DALAM NEGERI dan MENTERI KEUANGAN  setiap semester dalam tahun anggaran berjalan. Pemerintah Daerah mengajukan rancangan Peraturan Daerah (PERDA)  tentang perubahan Anggaran dPendapatan dan Belanja Daerah (APBD), disertai penjelasan dan dokumen-dokumen pendukungnya kepada DPRD.

Secara KONKRIT dapat dikemukakan hubungan kekuasaan antara perangkat  PEMERINTAH PUSAT dengan PEMERINTAH DAERAH ditinjau dari aspek Hukum Tata Negara dapat mengacu salah satunya pada Undang – Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah.

Urusan pemerintahan berdasarkan Undang – Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah terdiri dari  urusan pemerintahan ABSOLUT, urusan pemerintahan KONKUREN, dan urusan pemerintahan DAERAH.

Urusan pemerintahan ABSOLUT  adalah Urusan Pemerintahan yang sepenuhnya menjadi kewenangan Pemerintah Pusat. Dalam menyelenggarakan urusan pemerintahan absolut, Pemerintah Pusat dapat melaksanakan sendiri atau melimpahkan wewenang kepada Instansi Vertikal yang ada di Daerah atau gubernur sebagai wakil Pemerintah Pusat berdasarkan asas Dekonsentrasi. Urusan pemerintahan absolut meliputi:

  1. Politik luar negeri;
  2. Pertahanan;
  3. Keamanan;
  4. Yustisi;
  5. Moneter dan fiskal nasional; dan
  6. Agama

Urusan pemerintahan KONKUREN  adalah Urusan Pemerintahan yang dibagi antara Pemerintah Pusat dan Daerah provinsi dan Daerah kabupaten/kota dan menjadi dasar pelaksanaan OTONOMI DAERAH  serta didasarkan pada prinsip akuntabilitas, efisiensi, dan eksternalitas, serta kepentingan strategis nasional. Urusan pemerintahan konkuren yang menjadi kewenangan Daerah terdiri atas Urusan Pemerintahan Wajib dan Urusan Pemerintahan Pilihan.

Urusan Pemerintahan WAJIB terdiri atas Urusan Pemerintahan yang berkaitan dengan Pelayanan Dasar dan Urusan Pemerintahan yang tidak berkaitan dengan Pelayanan Dasar. Urusan Pemerintahan Wajib yang berkaitan dengan Pelayanan Dasar meliputi:

  1. Pendidikan;
  2. Kesehatan;
  3. Pekerjaan umum dan penataan ruang;
  4. Perumahan rakyat dan kawasan permukiman;
  5. Ketenteraman, ketertiban umum, dan pelindungan masyarakat; dan
  6. Sosial

Urusan Pemerintahan Wajib yang tidak berkaitan dengan Pelayanan Dasar meliputi:

  1. Tenaga kerja;
  2. Pemberdayaan perempuan dan pelindungan anak;
  3. Pangan;
  4. Pertanahan;
  5. Lingkungan hidup;
  6. Administrasi kependudukan dan pencatatan sipil;
  7. Pemberdayaan masyarakat dan Desa;
  8. Pengendalian penduduk dan keluarga berencana;
  9. Perhubungan;
  10. Komunikasi dan informatika;
  11. Koperasi, usaha kecil, dan menengah;
  12. Penanaman modal;
  13. Kepemudaan dan olahraga;
  14. Statistik;
  15. Persandian;
  16. Kebudayaan;
  17. Perpustakaan; dan
  18. Kearsipan.

Urusan Pemerintahan PILIHAN meliputi:

  1. Kelautan dan perikanan;
  2. Pariwisata;
  3. Pertanian;
  4. Kehutanan;
  5. Energi dan sumber daya mineral;
  6. Perdagangan;
  7. Perindustrian; dan
  8. Transmigrasi.

Urusan pemerintahan umum adalah Urusan Pemerintahan yang menjadi kewenangan Presiden sebagai kepala pemerintahan. Urusan pemerintahan umum dilaksanakan oleh gubernur dan bupati/wali kota di wilayah kerja masing-masing dibantu oleh Instansi Vertikal. Dalam melaksanakan urusan pemerintahan umum, gubernur bertanggung jawab kepada Presiden melalui Menteri dan bupati/wali kota bertanggung jawab kepada Menteri melalui gubernur sebagai wakil Pemerintah Pusat. Urusan pemerintahan umum meliputi:

  1. Pembinaan wawasan kebangsaan dan ketahanan nasional dalam rangka memantapkan pengamalan Pancasila, pelaksanaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, pelestarian Bhinneka Tunggal Ika serta pemertahanan dan pemeliharaan keutuhan Negara Kesatuan Republik Indonesia;
  2. Pembinaan persatuan dan kesatuan bangsa;
  3. Pembinaan kerukunan antarsuku dan intrasuku, umat beragama, ras, dan golongan lainnya guna mewujudkan stabilitas kemanan lokal, regional, dan nasional;
  4. Penanganan konflik sosial sesuai ketentuan peraturan perundang-undangan;
  5. Koordinasi pelaksanaan tugas antarinstansi pemerintahan yang ada di wilayah Daerah provinsi dan Daerah kabupaten/kota untuk menyelesaikan permasalahan yang timbul dengan memperhatikan prinsip demokrasi, hak asasi manusia, pemerataan, keadilan, keistimewaan dan kekhususan, potensi serta keanekaragaman Daerah sesuai dengan ketentuan peraturan perundang-undangan;
  6. Pengembangan kehidupan demokrasi berdasarkan Pancasila; dan
  7. Pelaksanaan semua Urusan Pemerintahan yang bukan merupakan kewenangan Daerah dan tidak dilaksanakan oleh Instansi Vertikal.

Penyelenggaraan fungsi pemerintahan daerah akan terlaksana secara optimal apabila penyelenggaraan urusan pemerintahan diikuti dengan pemberian sumber-sumber penerimaan yang cukup kepada daerah, dengan mengacu kepada Undang-Undang yang mengatur Perimbangan Keuangan antara Pemerintah Pusat dan Pemerintahan Daerah, dimana besarnya disesuaikan dan diselaraskan dengan pembagian kewenangan antara Pemerintah dan Daerah. Semua sumber keuangan yang melekat pada setiap urusan pemerintah yang diserahkan kepada daerah menjadi sumber keuangan daerah.

Dalam rangka penyelenggaraan pemerintahan daerah disusun perencanaan pembangunan daerah sebagai satu kesatuan dalam sistem perencanaan pembangunan nasional. Perencanaan pembangunan daerah disusun oleh pemerintahan daerah provinsi, daerah kabupaten atau daerah kota sesuai dengan kewenangannya yang dilaksanakan oleh Badan Perencanaan Pembangunan Daerah.

  1. Rencana pembangunan jangka panjang daerah (RPJP Daerah) untuk jangka waktu 20 (dua puluh) tahun yang ditetapkan dengan Perda;
  2. Rencana pembangunan jangka menengah daerah (RPJM Daerah) untuk jangka waktu 5 (lima) tahun yang ditetapkan dengan Perda
  3. Rencana kerja pembangunan daerah (RKPD) merupakan penjabaran dari RPJM daerah untuk jangka waktu 1 (satu) tahun dengan mengacu kepada rencana kerja Pemerintah pusat.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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