LEGAL IMPLEMENTATION OF DEMOCRATIC VILLAGE REGULATION

1. Lecturer of Wisnuwardhana University Malang. 2. Student of Wisnuwardhana University Malang. ...................................................................................................................... Manuscript Info Abstract ......................... ........................................................................ Manuscript History Received: 07 December 2019 Final Accepted: 10 January 2020 Published: February 2020

Article 69 Paragraphs (9 and 10) of the Village Law, it is stated that "The Village Regulation Draft must be consulted with the village community. The Village Community has the right to give their opinion on the Village Regulation Draft". The purpose of this study is to study and analyze whether the implementation of community empowerment law in participating in the preparation and discussion of the Village Regulation Draft on Pleret Village Revenue and Expenditure Budget 2020, Pohjentrek District, Pasuruan Regency, Indonesia, This study uses a non-doctrinal legal research method, The conclusion of the research is that the implementation of the law on community empowerment in participating in the preparation and discussion of the Village Regulation on the Village Budget and Budget for the 2020 budget year in Pleret Village, Pohjentrek District, Pasuruan Regency, Indonesia, is ineffective. Because the Pleret Village Regulation on 2020 Village Revenue and Expenditure Budget was never consulted with the community before discussions were held between the Village Government and the Badan Permusyawaratan Desa.

Introduction:-
Village Regulations are laws and regulations that determined by the Village Head after being discussed and agreed with the Badan Permusyawaratan Desa". The Village Regulation Draft on Village Revenue and Expenditure Budget, levies, spatial planning, and Village Government organizations must obtain an evaluation from the Regent / Mayor before being stipulated as a Village Regulation.
In Article 69 Paragraphs (9 and 10) of Law Number 6 of 2014 concerning Villages that hereinafter referred to as village law, states that: (9) The draft Village Regulation must be consulted with the village community. (10) The Village Community has the right to provide opinion on the Village Regulation Draft.
Based on grammatical interpretation, Article 69 Paragraphs (9 and 10) of the Village Law that mentioned above are the legal methods governing community empowerment in planning and discussing democratic village regulations. 266 established no later than November. Therefore, the Village Regulation concerning the Village Revenue and Expenditure Budget has been established before December 31.
Based on teleological or sociological interpretation of the law, the purpose of the legislators is that the Village Regulation Draft of the Village Budget and Expenditure Budgetprepared by the Village Government, before being discussed with the Badan Permusyawaratan Desa should be consulted with the community to get opinion, suggestions and responses, is a form of democratic law formation, because it involves the public at large to provide opinion, feedback and suggestions.
The concept of democracy, experts in the political and legal fields differ in providing a definition of democracy. Etymologically, Rod Hague and Martin Harrop, stated that; "Democracy comes from the Greek word "demokratia" which means power or rule (kratos) by the people (demos). So democracy in the sense of word is a lot of meaning, not only the election of leaders by the people but denial of the separation of the two. " Democracy has a long history the existence of ideas about democracy began 508 years BC. The long journey has ushered in democracy towards a sustainable dynamic, evolving in accordance with the times and the needs of the people who use it. In line with that, I Dewa Gede Atmadja, said that regional and otoda government in Indonesia based on Article 18 of the 1945 Constitution (the 2nd Amendment) was based on the principle of democracy. In accordance with the English-Latin Law Dictionary "Black's Law Dictionary" the meaning of "democracy" is; "That form of government in which the sovereign power resides in and is, exercised by the whole Department of free citizens directly or indirectly through a system of representation, as distinguished from a monarchie, aristocracy, or oligarchy".
It is the form of government in which the sovereignty of the whole governmental institution is determined by free people, both directly and indirectly through a system of representation, which differs from monarchy, aristocracy, or oligarchy.
Moh. Mahfud.MD, said that almost all notions of democracy always provide important positions for the people, despite the operational implications in different countries. This means that all countries that act in the name of their government adhere to a democratic system of government must involve the interests of the people in making policies both through their representatives in the representative institutions and directly.
CF.Strong, said that democracy is a system of government that has a majority of adult members of the political community, participating in participation by means of representation, which ensures that the government must account for all its actions to the majority group.
Thus the essence of democracy is community involvement in determining government policy. The government policy in the field of law is no exception, whether it is laws, regional regulations or village regulations, either directly or through representatives elected through the general election mechanism or appointed based on the agreement representing them.
One of the principles in the formation of good laws and regulations is the existence of public (community) participation in its formation. This is in line with the opinion of Maria Farida Indrati Soeprapto who stated that in the formation of legislation the government must involve the community both verbally and in writing. Community involvement (public participation) is needed because of differences in resources related to the material to be formed. Community involvement is also needed so that regulations are formed in accordance with the needs and values that exist within the community itself.
Moh Fadli et al said, In a democratic country community participation is essentially there: a means to: avoid abuse of power, channel the aspirations of the community to the government, involve citizens in public decision making and uphold people's sovereignty. Participation is the right as well as the obligation of citizens to uphold good governance.

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Referring to the opinions of Maria Farida and Moh Fadli et al above, community participation in the formation of laws and regulations, not least in the formation of village regulations is the community's rights and obligations, therefore besides the community must be active to be involved in every determination of government policy, then the government is obliged to facilitate so that the rights and obligations of the community to participate in any government policy can be carried out smoothly and well, without the elements of intimidation and coercion to the community.
Pleret Village, Pohjentrek Subdistrict, Pasuruan Regency, is geographically a village that borders directly with the territory of Pasuruan City, where the community has a relatively high concern in supporting development in the Pleret Village area. This is evidenced by the complete infrastructure in the Pleret village office and information on development and services in the Pleret village, as well as the frequent Pleret Village Government and Pleret Village community groups representing Pohjentrek District in hygiene, waste management and environmental safety contests. at the Pasuruan Regency level.
Preparation and discussion of Village Regulations in Pleret village, Pohjentrek Subdistrict, Pasuruan Regency for study, whether physical development is directly proportional to community empowerment, specifically community involvement in correcting, expressing aspirations and proposing village development programs and activities in planning and discussion about Village Regulation on Village Budget and Revenue.The purpose of this study is to study and analyze the implementation of community empowerment law in participating in the formulation and discussion of village regulations.

Research Methods:-
This type of research conducted by researchers is empirical legal research or sociological legal research. It is studying the implementation of law or the effectiveness of law in the midst of society.
The data in this study are primary data and secondary data. Primary data is direct data in the form of words and human actions, in this case village government actors, such as the village head, the village secretary, the head of the hamlet in Pleret village, as well as the leaders and members of the Badan Permusyawaratan Desa While secondary data are indirect data in the form of legal material both primary legal materials, secondary legal materials and tertiary legal materials. Primary data collection by conducting in-depth interviews with predetermined informants, observations / observations and documentation on the sites visited by researchers. Interviews will be conducted with the Village Head, Village Secretary, Village / Village Head, Chairperson and Members of the Village Consultative Department. Secondary and tertiary data collection, namely by studying literature in public libraries, as well as campus libraries and the literature owned by the village government of Pleret along with other written documents.
Data analysis was conducted using qualitative juridical analysis, by: Data obtained from the results of both primary and secondary data were collected and then classified and categorized based on the main points of the problem to be expressed through research then drawn conclusions to answer the problem. Secondary data were analyzed using legal interpretation. The activity was continuously carried out so as to form a cycle that allows conclusions that provide answers to problems, so that the cycle process can be systematically interconnected.
This study was only studying and analyzing the implementation of the law on community empowerment in the formation of village regulations on Village Budgeting and Expenditure, specifically the implementation of Article 69 Paragraphs (9 and 10) of the Village Law. That is, the implementation of the obligations of the Village Government, conveying the Village Regulation Draft on Village Revenue and Expenditure Budget ) to the community to get opinion and responses, before the Draft Village Regulation on Village Revenue and Expenditure Budgetis discussed and determined between the Badan Permusyawaratan Desa with the Village Government. This research was carried out in Pleret Village, Pohjentrek District, Pasuruan Regency, Republic of Indonesia Republic, in a period of six (6) months.   And each hamlet is led by a hamlet head, while the position of hamlet head becomes very strategic as there is an abundance of village tasks to village officials in order to maximize the service function to the community.  Village headmaster - Technical Member 4 --√ -- Table 6:-Performance of Residents and Neighborhood Associations.

Map Of Pleret Village:
Implementation of community empowerment law in participating in the formulation and discussion of village The Village Regulation Draft on Village Revenue and Expenditure Budget ), besides having to consult with the community to get opinion from the community, before it is submitted to the Badan Permusyawaratan Desa to be discussed together, the Village Regulation Draft on Village Revenue and Expenditure Budget ), no later than one (1) month after the Regional Regulation concerning the Budget for the Revenue Expenditure of the City District (Perda APBD Regency / City) is determined. In this case, the Regulations on Regional Regulations of Regency / City APBD are set no later than one (1) month before the start of the fiscal year every year. This means that the APBD Regional Regulation must be established no later than November. Therefore, the Village Regulation concerning the Village Revenue and Expenditure Budget has been established no later than December 31.
Based on teleological or sociological interpretation of the law, the purpose of the legislators is that the Village Regulation Draft of the Village Budget and Expenditure Budgetprepared by the Village Government, before being discussed with the Badan Permusyawaratan Desashould be consulted with the community to get opinion, suggestions and responses, is a form of democratic law formation, because it involves the public at large to provide opinion, feedback and suggestions.
The concept of democracy, experts in the political and legal fields differ in providing a definition of democracy. Etymologically, Rod Hague and Martin Harrop, mentioned; "Democracy comes from the Greek word" demokratia "which means power or rule (kratos) by the people (demos). So democracy in the sense of harfia is a lot of meaning, namely not only the election of leaders by the people but denial of the separation of the two. " Democracy has a long history, the existence of ideas about democracy began 508 years BC. The long journey has ushered in democracy towards a sustainable dynamic, evolving in accordance to the times and the needs of the people who use it. In line with that, I Dewa Gede Atmadja, said that regional and otoda government in Indonesia based on Article 18 of the 1945 Constitution (the 2nd Amendment) was based on the principle of democracy. In accordance with the English-Latin Law Dictionary "Black's Law Dictionary" the meaning of "democracy" is; "That form of government in which the sovereign power resides in and is, exercised by the whole Department of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy".
It was the form of government in which the sovereignty of the whole governmental institution is determined by free people, both directly and indirectly through a system of representation, which differs from monarchy, aristocracy, or oligarchy.

272
Moh. Mahfud.MD, said that almost all notions of democracy always provide important positions for the people, despite the operational implications in different countries. This means that all countries that act in the name of their government adhere to a democratic system of government must involve the interests of the people in making policies both through their representatives in the representative institutions and directly.
CF.Strong, said that democracy is a system of government that has a majority of adult members of the political community, participating in participation by means of representation, which ensures that the government must account for all its actions to the majority group.
Thus the essence of democracy is community involvement in determining government policy. The government policy in the field of law is no exception, whether it is laws, regional regulations or village regulations, either directly or through representatives elected through the general election mechanism or appointed based on the agreement representing them.
One of the principles in the formation of good laws and regulations is the existence of public (community) participation in its formation. This is in line with the opinion of Maria Farida Indrati Soeprapto who stated that in the formation of legislation the government must involve the community both verbally and in writing. Community involvement (public participation) is needed because of differences in resources related to the material to be formed. Community involvement is also needed so that regulations are formed in accordance with the needs and values that exist within the community itself.
Moh Fadli et al said, In a democratic country community participation is essentially there: a means to: avoid abuse of power, channel the aspirations of the community to the government, involve citizens in public decision making and uphold people's sovereignty. Participation is the right as well as the obligation of citizens to uphold good governance.
Referring to the opinions of Maria Farida and Moh Fadli et al above, community participation in the formation of laws and regulations, not least in the formation of village regulations is the community's rights and obligations, therefore besides the community must be active to be involved in every determination of government policy, then the government is obliged to facilitate so that the rights and obligations of the community to participate in any government policy can be carried out smoothly and well, without the elements of intimidation and coercion to the community.
The  In accordance to the laws and regulations governing the preparation of Village Regulations,then the draft Village Regulation on Village Revenue Budget must be communicated to the community to obtain community opinion on the regulated substance, otherwise the community has the right to participate and provide opinion to the drafted Village Regulation. The results of the opinion, responses and consideration of the community towards the draft Village Regulation, were discussed in the Pre-Discussion meeting between the Badan Permusyawaratan Desa(BPD) and the Village Government. The Draft Village Regulation on the Village Budget and Expenditure for the 2020 budget year, at the latest has been passed and adopted between the Village Government and the Badan Permusyawaratan Desaon December 31, 2019.
The absence of a mechanism for submitting the Village Regulation Draft on the Village Pleret Village Budgetin 2020 to the community of Pleret Village to obtain opinion and responses, can be interpreted to mean that the process of formulating and establishing the Village Regulation Draft on the Village Budget and Revenue Budget) Pleret Village in 2020 became a Regulation of Pleret Village that violates the law and is also undemocratic. because there is no submission of the Village Regulation Draft to all residents of Pleret Village who are seventeen (17) years old or have married both men and women to get advice, and opinions as discussion material for the Village Regulation Draft between the Badan Permusyawaratan Desa (BPD) with the Pleret Village Government to be ratified as a Village Regulation on Village Budget and Revenue (Perdes APBDesa). Thus the implementation of Article 69 Paragraphs (9 and 10) of the Law on Villages, is not effective.