The Financial Grant Legality from the Local Government to Customary Villages

Abstract

Legality is compliance with applicable law and demands that authority be exercised in accordance with applicable law. Thus an action is said to be invalid or illegal if it is not in accordance with the law. The Law on Local Governments does not regulate the granting of grants to indigenous peoples, so the essence of Law Number 23 of 2014 concerning the Local Government does not yet reflect the principles of national legal politics. Even the regulation in the Local Government law has the potential to cause social jealousy between the customary law community unit with other institutions, and has the potential to cause social conflict. Therefore, there are two main problems, namely how the Legality of Financial Grants to Customary Villages in the Perspective of Law Number 23 of 2014 concerning Local Government and how the Legality of Grants to Customary Villages in the Perspective of Home Affairs Ministerial Regulation Number 14 of 2016. This research was conducted using normative legal research through an analysis of norms in the legislation. Based on the results of the study, it was found that in Law Number 23 of 2014 concerning Local Government in Article 298 paragraph (5) which regulates the recipient of the grant, that the customary law community unit is not included as the party that can be given the grant and this article does not provide a definition of the grant. Customary Villages in Law Number 23 Year 2014 cannot be given financial grants by the local governments so that it implies the legality of financial grants given by local governments to Customary Villages in Bali. However, there is a difference between Law Number 23 Year 2014 and Home Affairs Ministerial Regulation Number 14 of 2016 regarding the awarding of grants to customary villages namely the details of legal subjects that can be given grants so that these different arrangements have implications for the legality of financial grants given by the Local Government to Customary Villages as Unity of Customary Law Communities in Bali.

Keywords: Legality, Financial Grants, Local Government, Customary Villages.

DOI: 10.7176/JLPG/91-19

Publication date: November 30th 2019