PERATURAN DESA

Summary

This video discusses the importance of village regulations (Peraturan Desa, or Perdes) in managing local governance. It outlines how these regulations are formulated by the village head and approved by the Village Consultation Board (BPD), ensuring they align with national laws. The process involves community consultation, collaboration between villages, and the creation of supporting regulations like village head regulations (Perkades). The video emphasizes the crucial role of Perdes in facilitating village development, maintaining social order, and guiding actions that benefit the community, highlighting its legal and practical significance in governance.

Takeaways

• 😀 The village regulation (Perdes) is a legal rule established by the village head after being discussed and agreed upon with the village consultation board.
• 😀 Village regulations play an important role in the governance and management of villages, ensuring that local administration aligns with higher-level regulations like the Village Law (Law No. 6 of 2014).
• 😀 There are three types of village regulations: the village regulation itself, joint regulations with the village head, and village head regulations.
• 😀 Village regulations must be consulted with the village community to gather input before they are finalized, promoting community participation in local governance.
• 😀 The village head must issue a regulation to implement a village regulation, similar to how laws require implementing regulations.
• 😀 Village head regulations act as the practical enforcement of village regulations and may also follow up on joint regulations between village heads.
• 😀 Village regulations can be initiated by the village head or the village consultation board (BPD), with input from both sides during the process.
• 😀 The process of creating a village regulation involves discussion, approval, and signing by the village head within a set timeframe (seven days after agreement).
• 😀 After signing, the village regulation must be published in the village’s official record to become effective, ensuring it is legally binding.
• 😀 Village regulations are crucial for the management of public life in the village, addressing rules on permissions, prohibitions, and penalties, ensuring transparency and accountability in village governance.

Q & A

What is a Peraturan Desa (Perdes)?

Peraturan Desa (Perdes) is a village regulation established by the village head after being discussed and agreed upon with the village deliberation body (BPD). It serves as a legal framework for managing and governing the village in accordance with higher laws.

What are the types of Peraturan Desa?

There are three types of Peraturan Desa: 1) The village regulation itself, 2) The joint regulation between the village head and other villages, and 3) The regulation from the village head (Perkades) as an implementation of the Perdes.

What is the role of the BPD in the creation of a Perdes?

The BPD plays an essential role in proposing, discussing, and approving the Peraturan Desa. They work together with the village head to formulate and refine the regulations, ensuring they reflect the community's needs and comply with the law.

How are Peraturan Desa formulated and consulted with the community?

The village head drafts the Perdes, which must then be consulted with the village community. The community provides input, ensuring the regulation reflects their needs. Afterward, the draft is reviewed and refined before being discussed with the BPD.

What happens if a Perdes contradicts higher laws?

If a Perdes conflicts with higher laws, such as provincial or national regulations, it cannot be enacted. The regulation must adhere to the higher legal framework to ensure its legality and enforceability.

What is the purpose of the Peraturan Kepala Desa (Perkades)?

The Peraturan Kepala Desa (Perkades) is a regulation enacted by the village head to implement the Perdes. It provides detailed guidelines and actions necessary to carry out the provisions of the Perdes effectively.

What is the process for finalizing and enacting a Perdes?

Once a draft Perdes is discussed and agreed upon by the village head and BPD, it must be signed by the village head. The final version is then published in the village's official publication, and it becomes legally binding once it is officially promulgated.

Can a proposed Perdes be withdrawn after discussion?

Yes, a proposed Perdes can be withdrawn by the proposer (village head or BPD) before it is finalized. However, once it has been discussed and agreed upon, it cannot be retracted unless both parties (village head and BPD) mutually agree to discontinue the process.

Why is the consultation with the community important in the creation of Perdes?

Consulting the community ensures that the Perdes reflects the needs, concerns, and interests of the people. It promotes transparency, participation, and ensures that the regulation is relevant and beneficial to the village population.

What are the key benefits of having a Peraturan Desa?

The key benefits include providing a legal framework for managing village affairs, ensuring that village actions are accountable and transparent, facilitating development, and protecting the rights and interests of the villagers. It also helps in conflict resolution and creating a balanced and harmonious village environment.