Analisis Yuridis Tata Kelola Perangkat Daerah Provinsi Papua Selatan Melalui Undang-Undang Nomor 14 Tahun 2022

Abstract

The Constitution of the Republic of Indonesia Year 1945, referred to as the 1945 Constitution, is the highest law and the center for the administration of the Indonesian state. The 1945 Constitution expressively affirms in Article 1 Paragraph 1 that the Indonesian state is a unitary state in the form of a Republic. Article 18 of the 1945 Constitution Paragraphs 1 and 2 explain that the Unitary State of the Republic of Indonesia is divided into Provinces. The Provinces are divided into Regencies and Municipalities, each of which has a Regional Government, which is regulated by Law; the Regional Government of Provinces, Regencies, and Municipalities regulate and manage their government affairs according to the principle of autonomy and assistance duties. The purpose of this study is to determine the governance of the Regional Apparatus of South Papua Province based on Law Number 14 of 2022 concerning the Establishment of South Papua Province so far by the regulations in its formation. This research used empirical juridical research methods (Empirical Legal Research / empirical juridisch onderzoek). Based on the spectrum of arguments that have been described that South Papua Province has a specialty in organizing and managing government affairs that become regional authorities because South Papua Province is given special autonomy by the state so that in carrying out regional government affairs, it is based on not only national laws and regulations but also compartments.