Participation of Village Community in the Formation of Village

Regulation in District Deli Serdang

Affila

, Afnila

and Agusmidah

Faculty of Law, Universitas Sumatera Utara, Jalan Universitas No. 4, Medan, Indonesia

Department of Constitusional law, Universitas Sumatera Utara, Medan, Indonesia

Keywords: Village Regulation, Participation, Village Community.

Abstract: This paper discusses about the participation of the community in the formation of village regulations and the

application of legislation process. This paper is based on the results of legal research using the normative

juridical approach. Research conducted shows that Law No. 6 year 2014 concerning Villages, village

authorities the power to manage their own households (village autonomy) and make village regulations both

participatory and responsive in the exercise of village authority. In the formation of village regulations, there

is a right and obligation of the village community to participate in determining the direction of the village

governance policy, but not being put to good use by the villagers. There are external and internal factor that

influence the awareness of the village community.

1 INTRODUCTION

Article 18B paragraph (2) of the 1945 Constitution

stated that: “States acknowledge and honor the unity

of customary law community along with its

traditional rights as long as it is still alive and in

accordance with the society’s development and the

principles of The Unitary State of the Republic of

Indonesia, which is regulated in the law.” This certain

stipulation is one form of acknowledgement from the

State towards the existence of customary law

community, including villages with its traditional

rights but within the frame of NKRI (Ateng, 2010).

The history of village regulation, regulations

regarding village has been settled, which is Law No.

22 year 1948 concerning the Principals of Village

Governance, Law No. 1 year 1957 concerning the

Principals of Village Governance, Law No. 18 year

1965 concerning the Principals of Village

Governance, Law No. 19 year 1965 concerning

Village as a Transitional Form to Accelerate the

Realization of Third-Level regions throughout the

Republic of Indonesia, Law No. 5 year 1974

concerning the Principals of local government, Law

No. 5 year 1979 concerning Village Authorities, Law

No. 22 year 1999 concerning local government, and

last but not least Law No. 32 year 2004 concerning

local government.

In Law No. 32 year 2004 concerning local

government, the village government positioned as

part of the districts / municipalities government, as

stated in Article 200 paragraph (1) of Law No. 32 year

2004 that states: “within the districts / municipalities

government, village government that consists of

village government and Village Consultative Body.”

This certain regulation clearly states that village is

part of the regency or city government. Therefore,

villages do not have the authority to manage their own

households. Village authorities merely perform the

functions and authority of duties granted by the

superior government which is districts /

municipalities’ government.

The birth of Law No. 6 year 2014 on the Village

brings a new spirit in the implementation of village

governance in Indonesia. in the explanatory section

of the law No. 6 year 2014 mentioned that the

formation of the law itself aims to give recognition

and respect for the Village which has already existed

before and after the formation of The Unitary State of

the Republic of Indonesia, and provides clarity on the

status and legal certainty of the Village in the

Republic of Indonesia’s constitutional system in

order to realize justice for all the people of Indonesia

(Act No. 6, 2014) .

Village is the oldest indigenous legal entity.

Original villages that have existed since ancient times

have the right and permission to manage their own

1648

Afﬁla, ., Afnila, . and Agusmidah, .

Participation of Village Community in the Formation of Village Regulation in District Deli Serdang.

DOI: 10.5220/0010093316481654

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1648-1654

ISBN: 978-989-758-449-7

households. The right and authority to administer the

household is called the right of autonomy. The main

purpose of regulation about the village is provide

recognition, respect for the existing village and

provide clarity on the status and legal certainty of the

village in the constitutional system of the Republic of

Indonesia and olso to strengthen the village

community as the subject of development.

To achieve the purpose of the formulation of Law

no. 6 year 2014, the Village Head is also given the

authority to establish Village Regulation. Article 1

paragraph (7) of Law no. 6 of 2014 provides a

definition that the Village Regulation is a legislation

established by the Village Head after being discussed

and agreed with the Village Consultative Body. This

provision indicates that there are checks and balances

in the process of establishing village regulations.The

process of formation of village regulations is also

requires the existence of public participation in its

formation, as mentioned in the Article 69 paragraph

(9) and paragraph (10) of Law no. 6 Year 2014 (9)

provides that bill of village regulations shall be

consulted to the village community, and Villagers are

entitled to provide input to a bill of village regulation.

(Explanation of Law No 6 Year 2014 on village).

The Law No. 6 Year 2014 on the Village and Law

no. 12 Year 2011 concerning the establishment of

Laws and Regulations show that the duty of

community were to participate, in the formation of

legislation, including in the formation of village

regulation. Villagers have the right to participate and

participate in political decision-making in the village.

The problem is the village community really

participate in the formulation of village regulation?

This paper would like to address the problem of how

the community’s participation in the formulation of

village regulation.

2 RESEARCH METHODOLOGY

Based on the background of the problem, this legal

research using normative juridical method, which

basically examines the rules of law and legal

principles (Soerjono, 1985). The data obtained will

be analytically by analyzed descriptively. Descriptive

research is a study that aims to describe something in

a particular area and at a certain moment. To

complement and support the data, this study also used

questionnaires and depth interview. Determination of

informants is done by using purposive sampling

technique. The informants were appointed by the

Village Head, Secretary and staff from the village

head office, community and public figure

3 RESULT AND DISCUSSION

Since established in Law no. 6 year 2014 on the

Village, the village is given the authority to manage

its own household affairs or called the village

autonomy. In the beginning, the village is a self-

governing community that has its own government.

In the Dutch colonial period, self-governing

community was formulated legally through Article

128 IS as Indlandsche Gementee, which was divided

into 2 forms, which are: Self-help areas/Swaprajaand

Village or similar to the village (Jimmly, 2015).

Van Vollen Hoven declares that the village as a

republieken is a democratically administered

government, concerned with the welfare of the

indigenous and autonomous people. It is a

democratically administered government, concerned

with the welfare of the indigenous and autonomous

people, based on customs and cultural niali system

(Nikmatul, 2015).

Talizhidhuhu Ndraha states that in village

autonomy there are several important elements,

namely: (Talizidhuhu, 1981) first, the existence of

certain customs those are binding and adhered to by

the village community concerned. Second, land,

heritage, and village wealth. Third, the source of

village income. Fourth, the affairs of the village

household. Fifth, the village government elected by

and from the village community concerned. Sixth,

representative institutions or representatives of the

village or deliberations throughout the

implementation of village household affairs hold the

governing functions.

Furthermore, the status and position of the village

is regulated in various laws and regulations. One of

them, Law No. 23 year 2014 on Regional

Government, is given the authority and responsibility

to organize and manage the interests of the people

themselves. Through regional autonomy, local

governments should be able to explore and develop

the potential of the region for the welfare of its

citizens. Villages as part of districts / municipalities

given autonomy rights to take care of their own

village houses are given some authority. Pursuant to

Article 371, the village has authority under the laws

and regulations.

After the issuance of Law no. 6 Year 2014 on the

Village, then the implementation of village

government is specifically subject to the provisions of

this Act. Based on Article 18 of Law no. 6 Year 2014,

to carry out the duties and functions of the village then

the Village is given authority in the field of the

implementation of Village Government, the

implementation of Village Development, Village

Participation of Village Community in the Formation of Village Regulation in District Deli Serdang

1649

community development, and empowerment of

village communities based on community initiatives,

village rights and village customs.

Article 26 (1) of Law no. 6 Year 2014 states that

the Village Head is in charge of organizing the

Village Government, implementing Village

Development, Village Community Development, and

Village Community Empowerment. To support the

implementation of these duties the Act gives authority

to the village head, namely: a.proposed the

organizational structure and working procedures of

the Village Authorities; b.submit a draft and establish

Village Regulation; c.receive a fixed monthly

income, allowances, and other receipts, as well as

health insurance; d.obtain legal protection of the

policies implemented; and e.mandate the execution of

other duties and obligations to the Village apparatus.

Village regulation as one of the authorities of the

village head in the process of formation requires the

participation of the village community.The

participation of villagers in the formulation of village

regulation is a necessity. Without the participation

and care of the village community in the formation of

village regulation, the purpose of the birth of Law no.

6 year 2014 which wants to create a strong village,

advanced, independent, and democratic, so as to

create a strong foundation in implementing

governance and development towards a society that is

fair and prosperous; will not be possible.

The procedures for formulating village regulation

are guided by the provisions of Article 69 of Law no.

6 year 2014 and Regulation of the Minister of Home

Affairs Number 111 Year 2014 About the Technical

Guidelines of Village Regulation. Article 69 of Law

No. 6 of 2014 regulates the following matters:

(1) The types of regulations in the village consist of

Village Regulation, village heads and village

head regulations.

(2) The regulations referred to in paragraph (1) shall

be prohibited against the public interest and / or

the provisions of the higher laws and

regulations.

(3) Village regulation is determined by the Village

Head after being discussed and agreed with the

Village Consultative Board.

(4) The draft Village Rules on the Village Revenue

and Expenditure Budget, levy, spatial, and

organization of the Village Government should

get an evaluation from the Regent / Mayor

before it is determined to be Village Regulation.

(5) The results of the evaluation as referred to in

paragraph (4) shall be submitted by the Regent /

Mayor no later than 20 (twenty) working days

from the date of receipt of the draft regulation

by the Regent / Mayor.

(6) In the event that the Regent / Mayor has

provided the evaluation result as referred to in

paragraph (5), the Village Head shall revise it.

(7) The Village Head shall be given a maximum of

20 (twenty) days after receiving the evaluation

result to make corrections.

(8) In the event that the Regent / Mayor fails to

provide evaluation results within the time limit

referred to in paragraph (5), the Village

Regulation shall take effect by itself.

(9) The draft Village Rules should be consulted

with the village community.

(10) The village community is entitled to give input

to the Village Regulation Draft.

Referring to the Regulation of the Minister of

Home Affairs No. 111 of 2014 on the Technical

Guidelines of Village Regulation, stipulates that the

process of formulating village regulation includes

several stages:

A Planning

The planning of the Village Regulation Draft is

determined by the Village Head and the Village

Consultative Body in the Village Government's work

plan and input from the village community (Article 5

Regulations of Ministry of Home Affairs No. 111,

2014). 

B Preparation

Village Regulation Draft, pursuant to Article 6 of

the the Regulation of the Minister of Home Affairs

No. 111/2014, mentioned that:

1. The formulation of Village Regulation Draft was

initiated by the Village Government.

2. Village Regulation Draftwhich has been compiled

should be consulted to the village community and

can be consulted to the sub-district head to get

input.

3. Village Regulation Draft consulted as referred to

in paragraph (2) shall be prioritized to the

community or community groups directly related

to the substance of the regulatory matter.

4. The inputs from village communities and sub-

district heads as referred to in paragraph (2) are

used by the Village Government for the follow-up

of the drafting process of the Village Regulation.

5. Village Regulation Draft which has been

consulted as referred to in paragraph (3) shall be

submitted by the Village Head to the Village

Consultative Body () for discussion and mutual

agreement.

Regulations of Ministry of Home Affairs No. 111

year 2014 mentioned that the Village Consultative

Body is also given the opportunity to compile the

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Village Regulation Draft. However, the authority of

the Village Consultative Body to draft and propose

the Village Regulation Draft is limited by the four

contents of village regulation related to: (Article 7,

Regulation of Ministry of Home Affairs No. 111 year

2014).

1. Village Regulation Draft on the village's medium-

term development plan,

2. Village Regulation Draft on the Village

Authorities work plan,

3. Village Regulation Draft on the Regional Income

and Expenditure Budgets and

4. Village Regulation Draft regarding the

accountability report of the realization of the

implementation of the Regional Income and

Expenditure Budgets.

From the above provisions, it can be stated the

Village Law and Regulations of Ministry of Home

Affairs No. 111 year 2014 is sufficiently democratic

in providing a balanced function and role for the

Village Head and the Village Consultative Body in

composing the Village Regulation Draft.

C Discussion

In the discussion phase of the Village Regulation

Draft either proposed by the village head or

submitted by the Village Consultative Body, the

discussion is conducted in these following ways

(Articel 8 Regulations of Ministry of Home Affairs

No. 111, 2014):

1. The Village Consultative Body invites the Village

Head to discuss and agree on the Village

Regulation Draft. In case there is Village

Regulation Draft related to the same thing, then

draft proposed by the Village Consultative Body

should take precedence, and the draft proposed by

the Village Head will serve as a match. The

Village Regulation Draft which has not been

discussed can be withdrawn by the proposer. The

Village Regulation Draft which has been

discussed shall not be withdrawn, except by

mutual agreement between the Village

Authorities and the Village Consultative Body.

2. The Village Regulation Draft which has been

mutually agreed upon is delivered by the

Chairman of the Village Consultative Body to the

Village Head to be determined to become a

Village Regulation no later than 7 days from the

date of the agreement. The Village Regulation

Draft shall be stipulated by the village head by

signing no later than 15 days from the receipt of

The Village Regulation Draft from the Chairman

of the Village Consultative Body.

D Establishment

The signed Village Regulation Draftis submitted

to the Village Secretary for enactment. In the event

that the Village Head does not sign the Village

Regulation Draft, it shall be enacted in the Village

Gazette and legally become Village Regulation

(Articel 9 Regulations of Ministry of Home Affairs

No. 111, 2014).

E Enactment

The Village Regulation Draft which has been

established and agreed with the Village Head and the

Village Consultative Body () shall be enacted by the

Village Secretary in the Village Gazette. Since it was

enacted in the Village Gazette, the Village Regulation

began to have a legal force that binds the village

community.

F Dissemination,

Dissemination of Village Regulationthat have

been established by the village head becomes the task

of the Village Authorities andthe Village

Consultative Body . Since the early stage of the

Village Regulation Draft formation, the Village

Authorities and the Village Consultative Body have

been obliged to socialize / disseminate the village

regulation. Dissemination is conducted to provide

information and / or obtain input from the community

and stakeholders (Article no 13 the Ministry

Regulation 111, 2014).

As a political product, Village Regulation is

processed democratically and participatively, ie the

process of compilation involves community

participation in the Village. Villagers have the right

to propose or provide input to the Village Head and

Village Consultative Body () in the process of

establishing a Village Regulation. Compared to

Article 69 paragraph (9) and paragraph (10) of Law

no. 6 Year 2014, with the provisions in Regulations

of Ministry of Home Affairs No. 111 Year 2014, it

can be seen there are changes related to the role /

participation of villagers in the formation of village

regulation. If in Law no. 6 Year 2014 requires the

village authorities to consult a Village Regulation

Draft to villagers and villagers given the right to

convey input to the Village Regulation Draft, in

Regulations of Ministry of Home Affairs No. 111

Year 2014, community participation in the formation

process of the Village Regulation Draft is limited to

the planning and preparation only.

Participation can be interpreted as participating,

participating in an activity, from planning to

evaluation. Community participation in the

legislative process can be categorized as political

participation (Hamzah Halim, 2009). Therefore,

community participation in decision-making and

public policy needs to be improved, so that the village

Participation of Village Community in the Formation of Village Regulation in District Deli Serdang

1651

community is not only an object in public policy but

as policy actors at each village level. The form of

community participation in goverment, especially in

the forming of local regulation were variation, depend

on time and place ( Iza Rumesten, 2012).

By placing the village community as policy

makers, it is hoped that the resulting village

regulation will be able to address the challenges,

problems and constraints in running the village

administration to create a prosperous, independent

and powerful village community. On the other hand,

involving the community in the process of public

decision-making in the village will foster a sense of

responsibility to participate in implementing

decisions (village regulation) that have been

discussed together and set by the village head.

Determination of Village Regulation is an

elaboration of the various authorities owned by the

Village refers to the provisions of the higher

legislation. As a legal product, Village Regulation

should not conflict with higher regulations and should

not harm the public interest, ie: a.disruption of

community harmony; b. disruption of access to public

services; c. disruption of public order and tranquility;

d. disruption of economic activities to improve the

welfare of village communities; dan e. discrimination

against tribe, religion and belief, race, intergroup, and

gender.

In order to supervise the village regulation, Law

no. 6 of 2014 establishes two monitoring mechanisms

namely "evaluation and clarification". Evaluations

were made on village draft regulations on which

regulatory materials were linked to: Village Revenue

and Expenditure Budget, levy, spatial, and

organization of Village Government. Evaluation of

the Village Regulation Draft related to the four

materials is done by Regent / Mayor through

subdistrict head or other designation.

Supervision by clarification mechanism by

Regent / Mayor through subdistrict head shall be

made to village regulation which have been enacted

in Village Gazette no later than 7 (seven) since the

enactment of the Village Regulation beyond the four

items which have been mentioned above.

Clarification of Village Regulation is done by Regent

/ Mayor by establishing a clarification team no later

than 30 (thirty) days since received.

The results of clarification as referred to in Article

19 paragraph (1) may be: a. the results of clarification

that are in accordance with the public interest, and /

or the provisions of the Law of Regulation which is

higher; and b. results of clarification that are contrary

to the general interest and / or the provisions of the

higher Legislation (Article 20, Ministry Regulation

No 111, 2014)

From the research that has been conducted in Deli

Serdang District, the results of research that will be

discussed are as follows:

1. Participation of Villagers in the Formation of

Village Regulations in Deli Serdang with their

Indicators:

a. Participation of village communities in village

regulation planning activities.

The village formation process begins with the

establishment of a Village Government Work

Plan by the head in the form of village

regulation. The participation of villagers in

planning the formulation of village regulation

can be seen from the participation of the

community in meetings held by the Village

Head or the Village Consultative Body which

aims to collect proposals, ideas and wishes of

the village community on village development

plans to be determined in village regulation.

From the questionnaires distributed to

villagers in Deli Serdang, it was found that the

level of public participation to attend in these

meetings tended to be low. This is seen in the

recapitulation of the questionnaire.

Q: do you attend at the meeting of community

aspiration absoprtion and planning for the village

regulation draft?

Table 1: Attendance at meetings of community aspiration

absorption and planning to form village regulation draft

o. Criteria

Percenta

1 Never

attende

125 47,5 %

2. Sometimes

resen

110 41,8%

3. Always

resen

24 9,1%

oanswe

4 1,5%

5 Total numbe

263 99.9%

b. Community participation in discussion of the

village regulation draft.

Law No. 6 of 2014 provides a space for

villagers to participate in determining the

direction of village governance policies and

instructing village heads and the Village

Consultative Body to consult with the

community in discussing village regulation.

To see if the village government conducts

consultation activities to the community in

discussing the draft village regulation then in

the questionnaire the question is asked.

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Table 2: Implementation of village head consultation, the

Village Consultative Body to the community during the

discussion phase of the village regulation drafts.

o. Criteria

Percenta

ever 198 75.3 %

2. Eve

37 14.18%

o answe

10 3.8%

Total

umbe

263 93.2%

Table 2 above shows the stages of consultation in

the discussion phase of the draft village regulation.

This phenomenon is an important issue for

researchers, what causes the stage of consultation to

the community is ignored by the village authorities

and the Village Consultative Body. To get answers to

these conditions, the researcher searched for answers

by conducting interviews with the Village

Community Empowerment Office of Deli Serdang

Regency represented by head of sub departemen who

handles the community's participation stating that

before reaching the level of discussion of the Village

Regulation design by the village head and the Village

Consultative Body, named Village Deliberation

conducted by each hamlet. The head village have to

increase the welfare of his village citizen which

developt the quality improvement role (Ita, 2009).

Every year when the village head is going to propose

a draft of the Village Revenue and Expenditure

Budget, the Head instructs the heads of the hamlet to

propose plans, proposals and needs of the community

that the village government must meet promptly.

Thus, consultation to the community in the discussion

phase of village unity design is considered merely a

formality.

c. The citizen understanding about the Law No.

6 Year 2014 on the Village.

The allocation of large amount of village funds

causes the village authorities to submit a work

plan/ village needs allocation that will be the

target of village funds as outlined in the village

regulation on the Village Government Work

Plan. Without the Village Government Work

Plan, village funds will not be disbursed by the

central government. Therefore, in the present

situation and conditions participatory village

regulation must be met in the sense that each

stage of its formation must include the

participation of the village community.

Q: Do you know about the village

regulationLaw No. 6 Year 2014 on the

Village?

Table 3: Village Community Knowledge about Law no. 6

Year 2014

o. Criteria

Percenta

1 Familia

63 23.95

2. Do not

know

196 74.52

oanswe

4 1.5

Total

numbe

263 99.97%

From the table above, it can be seen that 74% of

people who become respondents of this research

states that they do not know the existence of Law no.

6 Year 2014 on the Village. The ignorance of the

community regarding the existence of the law has

implications for the ignorance of the villagers about

their right to participate in the determination of the

direction of political policy in the village.

2. Supporting and inhibiting factors of Community

Participation

From the results of research and deepening

conducted to the respondents that have been

determined,it was obtained that there are supporting

and inhibiting factors in community participation in

the formation of village regulation. The high level of

participation of villagers in the process of establishing

village regulation is caused by several factors. The

results of the study were found from the first factor,

can be referred to as external factors where the

constraints in using political rights to participate in

the formulation and decision-making of village

governments is due to the lack of opportunities

provided by the Village Authorities to the community

to participate in conveying ideas and proposals

related to the establishment of village regulation.

The second factor, which is a barrier to

community participation is the internal factor within

the villagers themselves. Internal factors are the lack

of willingness of the villagers to participate in the

planning, preparation, discussion and decision

making of the village regulation. Lack of public

interest uses political rights in the process of

formulating the village regulation because of the

community: a. not knowing political rights and

obligations as villagers, b. the community has no

desire to participate in the formulation and making

decisions of village political policy c. the community

lacks sufficient knowledge in relation to the

Participation of Village Community in the Formation of Village Regulation in District Deli Serdang

1653

mechanisms for the establishment of the village

regulation.

The good law is the law that suits to the needed of

social legal basic of community, law as a great

anthropological document or law as a great

anthropological monument. That why, to

identification the form and the law that community

need, important to know the historis and the

community conditions (Jurnal Pemilu dan

Demokrasi, 2003).

4 CONCLUSIONS

Based on the description of the research results above,

it can be concluded that the participation of villagers

in the formulation of the village regulation in Deli

Serdang regency tends to be still low.which is 75,3

percent, never came attendance. Where there is still a

large part of society which does not want to

participate in determining the political and policy

direction in the process of formation of village

regulation. Some are aware of the importance of

community participation in the formulation of village

regulation to obtain responsive village regulation.

There is a significant correlation of public knowledge

about the existence of Law No. 6 year 2014 where

there is a level of community participation.

Opportunity factors that are not provided by the

village government to the community to participate in

determining decisions in the formation of village

regulation becomes an obstacle factor and the low

level of participation of villagers in the formation of

village regulation, in addition to other factors derived

from the community itself.

ACKNOWLEDGEMENTS

This research was funded by University of Sumatera

Utara in according with TALENTA Universitas

Sumatera Utara Research Contract Year of Fiscal

2017 Number 176/UN5.2.3.1/PPM/KP-TALENTA

USU/2017.

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