ALTERNATIVE IMPLEMENTATION OF REGULATIONS ON TAKING OVER REGIONAL GOVERNMENT AUTHORITIES BY THE CENTRAL GOVERNMENT

Abstract

This study examines regulations regarding administrative sanctions for taking over regional government authorities in administering business permits in the region, and alternatives for their implementation. This study uses a normative method with a statutory and conceptualization approach. The research results conclude that administrative sanctions for taking over regional government authority are regulated in Government Regulation 6 of 2021, concerning the implementation of licensing efforts in the regions. However, Government Regulation 6 of 2021 still generally regulates procedures for taking over authority and indicators of the conditions for implementing regional government authority in business licensing subject to administrative sanctions. Therefore, in enforcing it, the central government needs to refer to Law on Regional Government and Government Regulation Number 12 of 2017 concerning the Development and Supervision of Regional Government Implementation. Second, before administrative sanctions are imposed, the central government should provide alternative legal policies through supervision and training through facilitation policies, as regulated in Government Regulation 12 of 2017. Forms of special facilitation include a) direct involvement in the formulation and direction of the implementation of business licensing, b) advocacy and review of business licensing implementation, c) analysis of possible impacts, d) choice of risk reduction actions, e) allocation of available state civil servants, and f) other forms of special facilities.