Preserving Indonesia's Unity Through The Law Based On Bhineka Tunggal Ika

Authors

  • Soeleman Djaiz Baranyanan Universitas Pattimura
  • Muhammad Irham Universitas Pattimura
  • Iqbal Taufik Universitas Pattimura
  • Hendrik Salmon Universitas Pattimura
  • Sherlock Halmes Lekipiouw Universitas Pattimura

DOI:

https://doi.org/10.31941/pj.v24i1.5977

Keywords:

decentralization

Abstract

Based on positive law, which applies in Indonesia,decentralization has "chosen" to give up some of its
authority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of
2014 uses a residual system when determining what is the authority of local governments. With the residual
system, the central authorities have been clearly defined in advance, while the rest are autonomous regions.
Therefore, authority in the health sector has become an autonomous regional government authority, because
that authority is not determined as the authority of the central government. On the one hand this benefits the
local government, because by using its authority, the regional government can regulate the health sector
according to its aspirations and capabilities. This research was approached in terms of legal science, both
at the dogmatic level, legal theory, and legal philosophy.In this study also used a normative legal approach or
library law, namely legal research conducted by examining library materials or secondary data.
Normative legal research or literature includes research on semantic law, research on the degree of vertical and
horizontal synchronization, comparison of law and history of law. Research on legal principles is carried
out by interpreting the legal norms formulated in laws and regulations relating to local government in
Indonesia. Based on this research study, it can be concluded that in terms of law and policy as well as the
scope of authority of regional governments that support regional autonomy in the health sector, it is still unclear
and inconsistent in the description of the functions and authority of regional governments in the health sector

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Author Biography

Soeleman Djaiz Baranyanan, Universitas Pattimura

Fakultas Hukum Universitas Pattimura Ambon

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Published

2025-03-13