Sustainable Village Development in Indonesia: Shaping Participatory

Sub-local Government through Human Rights-based Approach

Inna Junaenah

Department of Constitutional Law, Faculty of Law, UniversitasPadjadjaran, Jl. DipatiUkur No. 35, Bandung, Indonesia

Keywords: Human Rights, Local Government, Sustainable, Village Development.

Abstract: Village in Indonesia, so-called Desa, in recent years has been becoming a favourable study since the issuing

of the Act No. 6 Year 2014 on Village, in which village authority can organize financial resources from

central, provincial, and municipal government allocated for village development. It is challenging legal

policy of this Act in boosting the welfare in village. Therefore, this paper aims to emphasize the human right

approach in shaping sustainable village development as a sub-local government in decentralization policy.

To support, several legal instruments, legal theories, and samples of phenomenon in society are observed.

This paper finds that there are some legal instruments supporting the village development, for instance in

utilizing human capacity and fiscal decentralization regarding the interaction with environment. Legal policy

of the Act on Village can emerge public participation in making of planning although it has some challenges,

such as the tendency in over land use and or limited capacity of inhabitants. Additionally, human rights

perspective inspires some substances, such as the right to participate, the right to the city, in attempt to

enhance democracy, the aim of decentralization, the target of SDGs, equality and inclusion in development.

1 INTRODUCTION

A changing comes to the portrait of inhabitant

distribution around the world, unexceptionally

Indonesia, that urbanization phenomenon reduces the

dwellers’ volume of village to city or changing the

village into the city. Surely, it is influenced by the

uneven of development between urban and rural areas

across regions, which is risky to the economic

production located in the village. Convincingly, an

Indonesia scholar considers that the Indonesia

welfare relates to the village welfare along with the

idea on the national endurance which depends on

strategic sectors, such economy, communication,

transportation, macro industries, etc., are under

government control (Marbun, 1976). Indonesian

development, at least in Marbun’s sense, is

meaningless without village development (Marbun,

1976). In regard to development, it would not be

logical denial that development should not be

separated from human rights. This platform is

promoted particularly by National Commission for

Human Rights of Indonesia (Komnas HAM)

encouraging that development shall be based on

strong correlation between development strategy and

process and the efforts in attempt to human rights

enjoyment (Firdaus and et.al, 2013). Moreover, the

right to development should open for citizens to

widen participate, contribute and enjoy the resultant

of development in all aspects supporting the

fulfilment of human rights values, either civil and

political rights or economic, social and cultural rights

(Firdaus and et.al, 2013).

Clearly, the fulfilment of human rights through

development requests public participation which has

constitutional admission according to N. Douglas

Lewis (1999). As a broader sense of political rights

which is not only a choice in terms of to vote, but the

deeper is that participation as linked aspects of human

agency which, as Lewis shall claim, has important

implications for social and economic rights and to an

equality which is not limited to sex, religion or

nationality (Lewis, 1999). When it is going local,

what linkages emerge between greater autonomy for

local government and encouragement for

intermediary bodies is representing a wide range of

citizen interests. This aside, there are other aspects to

citizen participation which could be pursued.

Constitutional regulation has, in the view of Lewis,

an important and innovative part to play in

encouraging genuine local partnerships among the

government, voluntary organisations, the private

Junaenah, I.

Sustainable Village Development in Indonesia: Shaping Participatory Sub-local Government through Human Rights-based Approach.

DOI: 10.5220/0010050401370145

In Proceedings of the International Law Conference (iN-LAC 2018) - Law, Technology and the Imperative of Change in the 21st Century, pages 137-145

ISBN: 978-989-758-482-4

137

sectors, and an active citizenry (Lewis, 1999). It

indicates that participative experiments have been

conducted closer to home (Lewis, 1999). Lewis, then,

mentions a closer examination pointing participation

as something of an umbrella concept, and embraces a

number of other cherished values. Explicitly said that

“…. it has periodically conferred rights of a

‘participative’ sort in arrange of political and

administrative settings” (Lewis, 1999).

Through a procedure for moderating collective

freedom and wellbeing, decisions on the merits to the

political/administrative process do not forfeit the

right to participate. Local political processes but by

facilitating association in a variety of ways. Lewis,

inspired by Gewirth further explains that “... just as

human rights, through mutuality, entail community,

so community, in order to be morally justified,

requires human rights. The relation of rights and

community, then, is one of mutual support”. That

opinion leads Lewis to state that voluntary associative

conduct is an elemental form of civil participation,

which mentioning that building societies, housing

associations, cooperative enterprises, trades unions,

credit unions, and such organisations as the Open

Space Society and the National Trust all emerged

through collective non-governmental efforts (Lewis,

1999). Constitutionally, Lewis convinces that

fundamental principles can be translated, through

exhortation, experiment, research, and novelty, into

the whole range of publicly approved and/or

facilitated activities. This obviously involves an

expanded role for the legal order (Lewis, 1999).

Strictly said, that participation posited at the core of

human personality and, as such, lay special claim to

constitutional status (Lewis, 1999). How to define

public participation is particular issue in not only on

the state-citizen relationship, but also on

constitutional decision making of how to translate

constitutional rights.

Taking the aspect of socio-economic rights,

Marius Pieterse (2010) enlightens the nature of such

translation through paraphrasing Lucy William’s

view on the actualization of a socio-economic right.

Pieterse, then, classifies two dimensions as the

translation: a) a substantive entitlement needs to be

legally articulated and defined; and b) legal and/or

administrative mechanisms must be established

through which the entitlement may be claimed or

through which wrongful non-delivery of the objects

of the entitlement may be challenged (Pieterse,

2010).Nevertheless, Pieterse noted several factors

that impact negatively on the quality and

effectiveness of legislative or executive translation.

Explained that legislatures and executives face

constraints of time, capacity and competing priorities,

can retard translation and undermine its effectiveness.

Pieterse states that translation to be fail where the

legislature or executive is unsuccessful to define

socio-economic entitlements or to operationalize

them (Pieterse, 2010). These challenges then have

regard to the importance of the right holder to be

aware of their rights as well as of the mechanisms

through which to enforce them and must practically

be able to utilize the above mechanisms in order to

secure actual enjoyment of the goods or services

guaranteed by the entitlement. In this point, the

participation, either personally or collectively, plays

a key point in defining and operating the entitlements.

1.1 Understanding “Sustainable Village

Development”

Uchendu Eugene Chigbu (2012) has perception that

people enjoy sustainable bonding to the history,

culture, and general rural character of their place

(Chigbu, 2012). Yet, he notes, measures are done to

regulate and develop village land for better living

condition(Chigbu, 2012). For Indonesia, it could be a

crucial thing that is how to enjoy the fundamental

rights. The option to preserve rural area for not to

boost urbanization is the government interest,

whereas dwellers only concern about the idea to

encourage their wellbeing. Surely, in attempt to

maintain cultural rights, some particular tribals

always struggle for their traditional life. Indeed, B.N.

Marbun considers that naturally village in the past has

autonomy and “autarki”, or in other words, “a little

state” in modest scale, characterized by the existence

of own inhabitants, self-government, territory, and

resources(Marbun, 1976). This thought leads to the

variety of measures on rural or village. In Germany,

for instance, village renewal is popular for a long

time, whereas in the US and Canada revitalization or

regeneration for urban is more known. Surely, it is not

the same character as Chigbu distinguished: village

renewal in Germany is not the same as ‘‘urban

renewal’’ or ‘‘urban village renewal’’. Generally,

village renewal in Europe is about the rural –not the

urban(Chigbu, 2012). Identifying the village only in

its rural sense, which I agree with, Chigbu promotes

village renewal is meant to address. In this concept,

“Renewal”, in the context of village renewal, does not

imply making or to make the village become new or

making it become a city or urban center. Rather, it

implies making the village retain or gain back its

original rural identity. It demands for social, physical,

and environmental improvements that do not

negatively affect its identity as a rural place.” In

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paraphrasing Hody, Chigbu priors the spatial

structure of a village which shall be collaborated by

public and private space and designed by various

elements of different functions(Chigbu, 2012).

In the other phrase stated by Sutiyo and K.L.

Maharjan (2017), it has similar substance as rural

development, which is broadly deﬁned as a general

development program conducted in rural

areas(Sutiyo and Maharjan, 2017)S. In such area,

until the 1970s, rural development was mainly

regarded as agricultural development with the aim to

increase crop productionS. Further, Sutiyo and

Maharjan classify that currently a particular element

found in academia aiming to elaborate a concept of

rural development the objective of rural development

is particularly to improve the quality of life of

villagers, which includes income, housing, education,

health, and access to other public services(Sutiyo and

Maharjan, 2017)S.

In short, Sutiyo and Maharjan situate several

fundamental objectives of rural development, such to

improve villager’s income and agriculture

productivity and enhancing the quality of life of

inhabitants (health, education, physical

infrastructure, environment, and gender)(Sutiyo and

Maharjan, 2017). Those are covering dimension of

economy, of which people can get benefits from

economic growth, as well as in social dimension in

embodying the equality and politically, to aspire

public participation in decision making. The third

dimension can also be called as thinking politically,

for it is inspired by Thomas E. Patterson that

“political thinking citizens to act responsibly,

whether in casting a vote, forming an opinion about

a public policy, or contributing to a political

cause”(Patterson, 2011).

As I agree mention earlier, desaor sometimes is

called as village in this paper, is identified only in

rural area, as a sub-local government in Indonesia has

two tiers system. In Indonesia legal framework,

regencies (kabupaten) and municipalities (kota) exist

in coordinating kecamatan and, narrower,

“kelurahan” (urban area) and/or “desa” (rural area).

Constitutionally, desa is not textually a legal entity

which has autonomy defined in the Constitution of

Republic of Indonesia 1945 post amendment,

distincted to provinces, regencies and municipalities.

Its autonomy comes from recognition of the Art. 18B

section (2) on the traditional communities along with

their traditional customary rights with some

conditionals, as long as these remain in existence and

are in accordance with the societal development and

the principles of the Unitary State of the Republic of

Indonesia and shall be regulated by law. However, the

legal policy in this constitution in boosting the

welfare in village must be emerged. Therefore, this

paper aims to emphasize the human right approach in

shaping sustainable village development as a sub-

local government in decentralization policy.

Based on explanation above, sustainable village

development is understood as the efforts to improve

villager’s life of inhabitants, covering economic,

social, traditional -in which inherent wisdom and

political dimensions through enhancing income and

agriculture productivity that meets the needs of the

present and future generation. The nature of

sustainability is taken from the view promoted by

University of California, LA (UCLA) Sustainability

when quotes definition from the UN World

Commission on Environment and Development on

sustainable development: “… development that meets

the needs of the present without compromising the

ability of future generations to meet their own needs”

(Sustainability: UCLA). Eventually, it will be helpful

to highlight two main criteria of legal instruments that

can prospect sustainable village development, which

will be examined further. Firstly, the existing legal

instrument and policy allow village to become livelier

and people enjoy sustainable bonding to the history,

culture, and general rural character of their

place(Chigbu, 2012). Secondly, the existing legal

instrument that enables environmental improvements

that do not negatively aect its identity as a rural

place, in which, according to Chingbu, reached the

harmonious relation between public and private

space(Chigbu, 2012).

1.2 Defining Participatory Sub-Local

Government

Desain Indonesia, in recent years has been becoming

a favorable study since the issuing of the Act No. 6

Year 2014 on Village, in which village authority can

organize some financial resources from central,

provincial and municipal government allocated for

village development. What will be focused in this

study is that widen public participation comes to a

necessity in decentralization taking devolution as a

choice. The main reason, inspired by Muhammad

Syakil Ahmad and Noraini Bt. Abu Talib (2011), is

that the involvement of people in the development

process ensures sustainable development, along with

the great efforts of developing countries to improve

the lives of the deprived communities(Ahmad and

Talib, 2011). It is more needed in the scope of village

as the most local entity, which is in-line with Keith R.

Emrich’s opinion that is quoted by Ahmad and

Noraini, that “development must begin in the very

Sustainable Village Development in Indonesia: Shaping Participatory Sub-local Government through Human Rights-based Approach

139

lowest tier or level. There must be real opportunities

for participative decision making for the target

groups and those decisions must relate to their future

development”(Ahmad and Talib, 2011). Moreover,

Ahmad and Noraini enumerate the aim of the

participatory development is to accomplish following

three functions: 1) communities should identify and

implement projects for themselves for need based

development; 2) improve the capacity of the local

peoples to organize themselves as community; and 3)

enable community organization to work together for

common purpose(Ahmad and Talib, 2011). Since the

village is understood as rural area that I have

mentioned earlier, the concept of sub-local

government in this paper is addressed to village as the

autonomous entity under the Act No. 6 Year 2014 on

Village. Two questions then are addressed, 1) to what

extend the village development can be sustainable

within the existing legal framework? 2) Which

perspective of human rights can approach the

participatory sub-local government exercise in

attempt to encourage sustainable village

development?

2 MATERIALS AND METHODS

The qualitative method is used in this paper with the

juridical-normative and socio-legal approaches, with

observing several legal instruments, theories and

supporting documents. Additionally, human rights

literatures inspire some substances, such as the right

to participate, the right to the city, the right to good

and health environment, in attempt to enhance

democracy, the aim of decentralization, the target of

SDGs, equality and inclusion in development.

3 DISCUSSION

3.1 The Extend of Sustainability of

Village Development within

Indonesia Legal Framework

The 1945 Constitution of Republic of Indonesia

indicates the legal policy that extend Sustainability of

Village Development distributed in several

provisions. Inevitably, those are correlated with the

human rights guarantee, as concepted in Art. 28H

section (1) covering the right to live in physical and

spiritual prosperity, to have a home and to enjoy a

good and healthy environment, and shall have the

right to obtain medical care which must be read in one

breath. Additionally, it constitutes the cultural

identities and rights of traditional communities which

shall be respected in accordance with the

development of times and civilisations(Art.28I(3),

1945). Those provisions meet the first criteria of

sustainable village development that enabling village

to become livelier, and people enjoy sustainable

bonding to the history, culture, and general rural

character of their place. Unseparated, with the second

criteria, that is mandating environmental

improvements that do not negatively aect its

identity as a rural place, reaching the harmonious

relation between public and private space, the

foundation is addressed by the Art. 28I section (3)

that the cultural identities and rights of traditional

communities shall be respected in accordance with

the development of times and civilisations. Moreover,

the Art. 33 section (1) frames the economy which

shall be organized as a common endeavour based

upon the principles of the family system. In

translating those entitlements, the Article 28H section

(5) constitutes the guarantee of human rights which

shall be regulated and set forth in laws and

regulations, for the purpose of upholding and

protecting human rights in accordance with the

principle of a democratic and law-based state.

3.2 Translation of Sustainability of

Village Development

The dimension of the translation has been already

touched as Marius Pieterse systemizes, a) substantive

entitlement needs to be legally articulated and

defined; and b) legal and/or administrative

mechanisms must be established through which the

entitlement may be claimed or through which

wrongful non-delivery of the objects of the

entitlement may be challenged(Pieterse, 2010). In this

part, such translation will be measured through the

form of Act, Presidential Regulation, Ministry

Regulation, leading to the context of sustainable

village development base on human rights approach.

To begin, it is important in bringing human rights

to local legitimated by the Act No. 23 Year 2014 on

Local Government -so called The LGA 2014,

constituting the central government to determine the

norm, standard, procedure and criteria (norma,

standar, prosedur, dan kriteria -NSPK) in order to

exercise government matters(Art.16(1), 2014). This

authority is “hand in hand” with the responsibility of

central in supervising local government (Art.16(2),

2014) through ministries and government

agencies(Art.16(3), 2014). In regard to human right

implementation and enjoyment, there are several

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instruments emerging its actualization at local level.

The polarized one is National Action Plan which is

currently embodied in President Regulation No. 75

Year 2015 for 2014-2019 period, in which the

particular success indicator is the availability of data

at central and local government agencies as regularly

report matter on the implementation of human rights

international law. More specifically, Ministry of Law

and Human Rights issues the regulation on Criteria

on Human Right City, currently by No. 34 Year 2016,

in which there are several aspects of basic rights.

Through the previous study, I argue that it is less

contextual with the village level, surely, because of

the distinction of authority, financial resources,

human resources, and social character(Junaenah and

Lailani, 2017).

The more mainstreaming law is the Act No. 32

Year 2009 on Environmental Protection and

Management. For the environment protection and

management is aimed to raise the sustainable

development(Art.3, 2009), there is spirit in this Act

that sustainable development as the conscious effort

and by design integrating environment, social and

economy into development strategy in attempt to

guarantee environmental unity, safety, ability,

prosperity and quality of life of current and next

generation. It has some message that the resource

utility must in harmony and balance with the function

of living environment. Consequently, the

development policy, planning, and program shall be

spirited by the obligation to preserve living

environment and actualize sustainable

development(Art.3, 2009). Crucially, the Act obliges

both central and local government to materialize such

kind of strategic living environment study (kajian

lingkungan hidup strategis-KLHS), in ensuring

sustainable development principle. Another

connected instrument is Presidential Regulation

number 59 Year 2017 on the Implementation of

Sustainable Development Goals (SDGs). In this

regards, central government has interest on local

government, since many issues in SDGs(UN, 2015)

lay on local level. Substantially, human rights issues

are inherent, as well as distributed, in obligatory local

government affairs. Therefore, for local government

“SGDs is us”. In materializing those ingredients, the

Act No. 6 Year 2014 on Village enables SDGs and

National Action Plan on Human Rights to be emerged

through strengthening village institutional and social

empowerment, moreover, by adjusting fiscal

decentralization (Dana Desa dan Alokasi Dana

Desa).

Purposely, several Ministries launch each criteria

concerning human rights promotion, thematically, to

local, situationing village as the target program. For

instance, the Joint Regulation of Ministry of Home

and Affairs and Ministry of Health Number 34 Tahun

2005 and Number 1138/Menkes/PB/VIII/2005 on

Exercising Healthy Regencies/Municipalities, in

which Healthy Village is oriented to support Healthy

Regencies/Municipalities(Attachment4, 2005).

Dwellers and institutional empowerment play the key

points in this purpose with regarding physical,

economic, social, and cultural

conditions(Attachment4, 2005). So as other modes,

such Kampung KB, DesaSiaga, DesaWisata, Desa

Sejahtera Mandiri, DesaInovasi, DesaPesisir

Tangguh, DesaSakinah, etc., are the web of options

that can be adapted by each village. In this view,

leading to the human rights village will be sufficient

to answer those policies. With colliding many modes

of government policies, three directions of human

rights village covering a) the effort of bridging

government policy that is adaptable for village

environment; b) women economic empowerment; c)

family strengthening; d) accessibility of for disables;

e) security and f) the actualization of local wisdom

and spiritual prosperity. It seems to me that several

basic legal instruments display the legitimation

forwarding the sustainable village development.

However, it remains the challenge in implementation

covering in budgeting and organizing, which cannot

be measured in this limited study.

3.3 Human Rights Perspective to the

Participatory Sub-local

Government to Encourage

Sustainable Village Development

As argued earlier on the importance of public

participation in the decision making that processing

the fulfilment of the rights, the right to participation

is also inherent, not only by giving vote, but also in

defining public policy. In other words, everyone

should be able to participate in society, to defend

her/his interests, to help create a society, and also to

fulfil her/his interests and desires(Icelandic-Human-

Rights-Centre, 2018), which is laying the foundations

of the right to participation are being shaped by the

possibility of any individual to be involved in

decision-making which affects her/his interests. That

is the reason why the sustainable village development

must be based on participatory process, that will be

viewed simultaneously forward. It is interesting to

pay attention to Sutiyo and K.L. Mahardjan that in the

context of rural development decentralization has the

potential to enhance participation, mobilize resources

Sustainable Village Development in Indonesia: Shaping Participatory Sub-local Government through Human Rights-based Approach

141

efﬁciently, build institutional capacity and increase

accountability(Sutiyo and Maharjan, 2017).

3.3.1 Relationship between Participation

and Human Rights

International Covenant on Civil and Political Rights

stipulates the State ratifying this Covenant to respect

every citizens’ right and opportunity, without any of

the distinctions, to take part in the conduct of public

affairs, directly or through freely chosen

representatives(Art.25(a)-ICCPR, 1966). It brings the

two ways of citizens participation whether to define

in public policy making in person or to channel their

aspiration through representatives(Mendes, 2011).

Obviously, the participation is the human right itself.

Turning to the national law, as also acknowledged

universally, the 1945 Indonesia Constitution further

admits every person’s right “to communicate and to

obtain information for the purpose of the development

of his/her self and social environment, and shall have

the right to seek, obtain, possess, store, process and

convey information by employing all available types

of channels.”(Art.28F, 1945). Unlimited to personal

right, the Art. 28C section (2) unlocks collective

participation through the right to improve every

person in developing his/her society, nation, and

state. Completely, there are its canal with the

implementation of freedom to associate and to

assemble, to express written and oral opinions, etc.,

shall be regulated by law, notwithstanding that the

Art. 28 is entitled before the amendment of

constitution. This systematization leads to the second

relation between participation and human rights, that

is participation is the path to other rights (Unicef-no

mentioned year), since the right to participation is

relevant to the exercise of all other rights, within the

family, the school and the larger community context.

Moreover, participation is at the core of a human

rights-based approach to development and to poverty

reduction where the poor must be considered as the

principal actors and strategic partners for

development.

Bringing those rights “home”, local government

plays the key point as the local arm of democratic

government, which has been identified with

participation as mentioned earlier. If local

government could in reality transform itself into the

local arena for ‘citizenship’, connecting the triangle

of individuals, community, and government within

the locality through processes of participation, in the

view of Lucy Gaster, this would give it a strong

defence against attacks on its legitimacy in the

future(Gaster, 1999). It must be noted, that a real shift

is taking place, not just in ‘sponsored participation’

(that is, participation/consultation initiated by

governmental organisations), but also in local

government’s ability to respond and work with

unsponsored (spontaneous?) user, community, and

pressure groups wishing to engage with the policy

process.

3.3.2 Best Practices of Participation in

Village Development

It has been discussed previously, that with the

appropriate potential of Desa, villages in Indonesia is

enable to embody programmed village in whatever

the authority would like to be. However, in this paper,

the recommended concept is human right village as

the spirit of sustainable village development. Through

the limited space of writing, this paper takes two

models of village development movement as the

inspiration for Indonesia, viewing Weyarn village

program in Germany and Saemaul Undong

Movement in South Korea.

a. Weyarn’s village renewal program in Germany

As Uchendu Eugene Chigbu writes Community

Development Journal, which will be adopted in this

part, the ide of Weyarnis is that “the best way towards

rural development is the activation of rural identity

and utilization of collective intelligence guided by

experts” (Uchendu Eugene Chigbu, 2012, p. 218).

Three main key factors finding the community’s

vision is the first thing, proving such planning was

actively done by citizens through public workshops

and work-groups for discussing critical local issues.

The second one is the innovative use such to concrete

plans for agriculture and cooperative use with

professionals and other municipalities comes to the

third factor(Chigbu, 2012). The result, main

achievements are including reverting to rural identity

and making affordable living space for its citizens

through land management, the main gain is such

preservation of rural culture being(Chigbu, 2012).

Despites, the improvement of rural living conditions

(Chigbu, 2012) and human resources and

capacities(Chigbu, 2012). However, there are some

constraints that is inevitable. Participation makes the

process of decision making longer than it can be taken

by pure bureaucracy. This is influenced by three main

factors that are hard to adopt to other municipalities

around world: 1) it depends on legal and institutional

frameworks available in each country, 2) local

councils have no strong positions within the

framework of development project and 3) long office

period, regarding the Mayor of the municipality has

been in once for a period of 20 years(Chigbu, 2012).

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In some parts of the world, particularly Indonesia, the

third precedent can be considered as less democracy,

while in the era of general election of public office in

five-years period it is kind of “sacred”. Nevertheless,

it is considerable due to in such political settings,

breaks in tenure and changes in leadership may not

encourage stability and sustainability in the project

execution.

b. Saemaul Undong Movement

Rural development remains a major challenge for

developing countries in Africa, Asia and Latin

America(Reed, 2010). One of these past programs

was the Saemaul Undong, or New Community

Movement, initiated by President Park Chung Hee in

South Korea in the early 1970s(Reed, 2010) . What

this means is that by the time SMU was introduced,

the Korean economy had already entered a period of

sustained and rapid expansion. Edward considers that

The Role of Saemaul Undong was a national

campaign that positively branded the government’s

major program of rural modernization and

development and mobilized every village, and nearly

every villager in Korea to participated, but this was

not superficial political dressing(Reed, 2010). Most

of the Korean government’s initiatives for improving

agricultural productivity and increasing rural incomes

could have been implemented without a Saemaul

Undong through a) positive political and social

environment b) new farmer-government relationship

c) new village leadership d) enhanced economic role

of women; and e) development-oriented cooperation.

Nevertheless, Saemaul Undong cannot be considered

a model for other countries, if by model we mean a

package that can be transferred more or less intact to

a different context with the expectation of similar

results(Reed, 2010). All in all, there are two important

points to consider in applying lessons from SMU: the

local context and the level of program intervention.

That’s why rural development, according to Cho

Whan-bok, is essential not only for realizing poverty

eradication in rural areas but also for achieving

balanced national development(Whan-bok, 2013).It

can be learned that developing countries should be

able to adopt new approaches to address their rural

development problems. Consciously, there are

opportunity and simultaneous challenges, for village

development to deal with the capacity of public and

village authority, fiscal decentralization policy and

power euphoria that is risky to moral hazard.

3.4 Sharing Responsibility among

Parties

As mentioned earlier, there is something good from

the village renewal concept. It reminds the reader to

the doctrine of the right to the city. United Nation

recognized the right to the city as firstly articulated by

French philosopher Henri Lefebvre as the right of

population of the city, including whoever have an

interest on the city, to be considered on the decision

concerning the local public life(UN, 2015).

Convincingly, the Global Platform of The Right to

The City, committed by several organizations

working on the theme, affirms this

arrangement(International-Organizations, 2014).

Lefebvre admits that the right to the city does not

release human rights as the substance of right, and it

does not impose the new rights as well. In short, this

concept is relatively identified as citizenship rights of

local dwellers and the users of the city, unrestricted to

rural and urban areas, to participate in generating and

enhancing the quality of a liveable city. Evenly, the

World Charter on the Right to The City systemizes

the city “… commit themselves to adopt measures to

maximum extent … appropriate steps, in particularly

by legislative measures, to progressively make more

fully effective the enjoyment of universal economic,

social, cultural and environmental rights,

…”(Art.1(3), 2004). For the purpose, the term of

“city” in this Charter is adaptable to “any town,

village, city, capital, locality, suburb, settlement or

similar …f whether it is urban, rural or semi-rural”

(Art.1(4), 2004). For those reasons, what I call as

“spirit” of RTC is noted as a body of principles which

has to be assessed with the local context thereby

traditional, religious, social, and political values live

in present or in the past and need to be strengthened.

In implementing the scope of the RTC under this

Charter to village, the inner principles can support

village development.

It comes to an argue, that sustainable village

development which is recommended in this paper is

the human rights village renewal. Adapting the spirit

of SDGs that “no one left behind”, which means that

no one being marginalised to participate, there are

some sharing responsibilities among multi

stakeholders. First, provincial government is able in

determining the standard of human rights village and

supervise regencies/municipalities in implementing

human rights village. The second layer,

regencies/municipalities can facilitate and supervise

village and people empowerment program. The main

actors, village authority, can actualize, which must be

with many suggestions from multi stakeholders, the

Sustainable Village Development in Indonesia: Shaping Participatory Sub-local Government through Human Rights-based Approach

143

specific program of human right village gradually by

design. As non-government actors, civil society both

as personal and organization member can conduct

some advocacy works in bridging people interests,

corporation’s will, and even university to local

government and village authority, in such synergy

steps. In turn, the spirit of SDGs called “no one left

behind” can lead to eradication of marginalization.

4 CONCLUSION

To conclude, the extend of sustainable village

development covered by several basic legal

instruments display the legitimation forwarding the

sustainable village development. This paper finds that

there are some legal instruments enabling

development, for instance in utilizing human capacity

and fiscal decentralization regarding the interaction

with environment. Legal policy of the Act on Village

can emerge public participation in making of

planning. However, it remains the challenge in

implementation covering in budgeting and

organizing, which cannot be measured in this limited

study. Additionally, the expectation of development

in human rights perspective, which is directed by

State, through local government and shifted village

level, desires a development not by charity, but as the

fulfilment of human rights. Adding the spirit of the

right to the city to village level, the inner approach is

doable to encourage village development.

ACKNOWLEDGEMENT

This paper is based on research granted by

Universitas Padjadjaran, year 2, taking title “Model

Kriteria Desa Peduli Hak Asasi Manusia dalam

Konteks Jawa Barat”, having Lailani, Rahayu

Prasetianingsih and Dipa Rivaldi as the member of

the research team, under the facilitation of Faculty of

Law and supervised by Center for Study of State

Policy (Pusat Studi Kebijakan Negara).

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