In a period of less than two years after the village law came into effect, thirteen implementing regulations at the level of ministrial ones have been issued. Two government regulations on village have been revised twice. At the level of implementation, the derivative rules would relate to other derivative rules and the village laws would intersect with other laws.
There are three principal issues that develop in the implementation of the village law. First, the village development plan. Second, the authority of the village. Third, village finance.
Rural development planning issues are related to the process of rural development planning and the landscape of the rural areas. What it will be and how rural areas are developed and built and what planning and elevating mechanisms on rural areas have been important questions.
Village authority issues cover what can and should be done by the village. The authority of the village is the framework for the village at all of its work. In practice, this village authority is with regard to any matters that should and should not be done by the village.
Financial issues are in conjunction wit the village regarding the amount of money that will be received and how the money is used by the village. In that context, the amount of money to be received, the proportion of allocation and use of the money are important focuses. In the implementation, the proportion and the allocation become a sort of guideline and control for government on the village when they are to notice where the money flows.
In the context of village law implementation, the three issues have a close relationship. The authority of the village will be an important borderline on the division of work of the village itself. The issue of planning and development will be directing village in implementing the division of work. Financial issues make sure all of the planning and development of the village are funded proportionally according to current financial condition.
On the issue of planning and rural development, Permendesa No. 2 of 2015 on village meetings and Permendagri No. 114 of 2014 on development tend to have a different interpretation on the function of village community assemblies.
Permendesa urges all the mechanisms and processes of rural development implemented through village assemblies to be organized by the Village Consultative Body (BPD). While Permendagri supervises village meetings to be conducted in several stages of the development process of the village with the name, the agenda as well as the facilitators that are different. In Permendagri there is a term “Plan for Rural Development” (RPD) which is arranged through village meetings and village development planning meetings with the organizers from each BPD and village heads.
The next point is the layout of the village. Regulation No. 114 of 2014 on village development tends to have different interpretations with Permendesa No. 1 2015 on the guidelines of the village authority by rights right of the origin and the local authority in the spatial village.
Permendagri highlights that the village has the authority to draw up spatial village. While Permendesa cites that one of the village authorities in the spatial plan is to develop a village social map that contains physical maps and socio-economic conditions map of rural communities.
Compiling can be defined as activities of rearranging positions, formations and recasting to become better than before. While developing can be interpreted as an attempt to make wider and make more advanced than before. In simple terms, the definition of compiling sensibly seems to be no significant change. In the meantime, the definition of developing appears to be on the contrary.
The next concern is the authority of the village. Law No. 6 of 2014 stipulates that the authority of the village consists of four types. However, Law No. 23 of 2014 describes the government authority outside the village administration can assign partial implementation of such authorities to the village. Having studied in depth, some tasks of the government delegation to the village outside the village turned out to be a delegation of tasks outside the village authority under Law No. 6 of 2014. Based on this, the type of activities carried out by the village administration will consist of five types of activities plus activities originating from devolution of some tasks of the district administration, province and central governement.
The village authority also deals with the authority in the management of natural resources and the decision on region borderline. Legislation through Permendesa over village authority cites that the village has the authority to manage the natural resources around the village area. However, after being confronted to the law on forestry, plantation, mineral, and coal mining, coastal water resources, geothermal, soil and water conservation, none of the laws states the role of the village in the management of natural resources.
As for the region boundary, after being linked to the law on forestry and plantation, apparently both the laws do not declare the village as an important element in determining the boundary of the village area with forests and plantations. In the law, determining the boundary of the village is undertaken by the committee made up of elements of districts. In terms of management of natural resources and the consideration of the boundary of the village, the village administration is little more than spectators who were in the rear seat.
The recent issue is village finance. In PP No. 47 of 2015, it is said clearly that the division of the village is the proportion of government spending of 70 percent for administration of the village and 30 percent for the allowance, fixed income and the village operating costs.
Nevertheless, in the Permendagri No. 113 of 2014 concerning the financial management of village, such rules are unlisted. The absence of the proportion of expenditure in accordance with Government Regulation No. 47 Year 2015 caused the village being lost direction and guidance. For the village administration, it is a bottleneck in making the allocation of expenditure.
From some of the issues and policies discussed above, we get a simple overview that inconsistencies among the village law and the ministrial regulations; and the laws of the village with the other laws are undeniable entities.
This inconsistency could be used as an initial benchmark to the regime in measuring the implementation of the village law in two years. Furthermore, current regime homework is quantifying in depth the village laws implementation by conducting comprehensive studies involving all stake holders in the country.