POLITIK HUKUM KEDUDUKAN PERATURAN DESA DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UNDANG- UNDANG NO 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

Abstract

The village is an important part of the Indonesian constitution. When viewed from the
nature of the Indonesian state which contains the ideals of the state regarding the justification of the
Indonesian state, regarding the formation of the Indonesian state, as well as regarding the objectives
of the Indonesian state, basically all of these are the same as the essence, justification of existence,
formation and purpose of the village. Attamimi said that all of this was of course in a much larger
scope and in a more modern context in accordance with the era and period when the Republic of
Indonesia was proclaimed. Soepomo even said that the ideals of the country are basically contained
in the village community association which consists of its leaders and the people. Soepomo also
emphasized that the state model known as the Village Republic is the original model of Indonesian
government, this is because the basic ideals of forming a Republic of Indonesia government are the
same as the ideals of forming a Village Republic, which is adapted to the real social structure of
Indonesian society. In fact, the form of village government existed long before there was
colonialism by the Dutch East Indies government, as emphasized by Van Vollenhoven.
The research method used in this thesis is normative research using a statutory approach.
The main data in this study is secondary data, namely legal literature which consists of several
quotations from various related literature sources. The other supporting research data used by
researchers are primary legal materials, secondary legal materials and tertiary legal materials.
From the discussion and research conducted by the researcher, there are several conclusions
that can be obtained. First, basically, the position status of village regulations in the hierarchy of
laws and regulations in Indonesia is Wettelijk Regeling, which is a type of law. This confirms that
village regulations are legal products in the form of laws which basically must be regulated and
confirmed in the hierarchy of laws and regulations in Indonesia. Second, that it is necessary to
include village regulations in the hierarchy of laws and regulations in Indonesia to emphasize the
position and legal certainty of village regulations.
Keywords : Legal Politics - Village Regulations - Laws