Discretion and Decentralization: Framing Government Policy in Regional Innovation Policies

Deasy Mauliana, Abdul Razak, Marthen Arie, Farida Patittingi


Discretion under normal circumstances it would be very useful in a wide range of government activity to fill the void the policy. Also, regulations give freedom to State officials to be able to act on their own initiative. However, as it turns out into practice, such legal issues are clearly very dangerous for local governments implementing innovative policies for regional progress. This research focuses on the analysis study of a discretion authority of regional government in making local government innovation policies. The research is a normative-legal research using a statute, case, and conceptual approaches; it is a reform-oriented research. The results show that the essence of discretionary power is free-power that no longer exercised by following the consideration of rules and regulations. Discretionary power holders in acting do not need to underlie the law strictly because it is an exception then discretionary power can only be used casually or contextually. Discretion reflects the idea of the constitutional State, then the action of discretion by State officials in the framework of innovative policy efforts is actually a moral manifestation of State’ responsibility. An ideal model of discretionary policy for innovation programs in local government can be said as a description of the basic system of implementing discretion for policies that are innovative, where the legal actions taken by local governments are based on an ideal principle. This model is not structural or hierarchical in nature, but a unified whole with each basic element having the same strengths and interests, so that all elements are bound together with strengths and positions, both from elements of the constitutional values and integrated collaboration.

Keywords: Discretion; Decentralization; Innovation; Local Government; Legal Policy

DOI: 10.7176/JLPG/97-05

Publication date:May 31st 2020

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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