JRSSEM 2023, Vol. 02, No. 9, 1998 – 2010
E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494
DOI : 10.59141/jrssem.v2i09.433 https://jrssem.publikasiindonesia.id/index.php/jrssem
AN EVALUATION OF THE ASPECTS OF ARRANGEMENT OF
CUSTOMARY VILLAGES IN MALUKU PROVINCE
Siska Giofana Mapusa
Ministry of Law and Human Rights of the Republic of Indonesia
*
e-mail: giofanasiska@gmail.com
*Correspondence: giofanasiska@gmail.com
Submitted
: March 27
th
2023
Revised
: April 14
th
2023
Accepted
: April 25
th
2023
Abstract: This study aims to determine whether Maluku Province regulations have regulated
arrangements for customary villages in a consistent manner in accordance with statutory
regulations. Furthermore, this study will analyze and evaluate one of the objects of regional legal
products, namely the Regional Regulation of the Province of Maluku Number 16 of 2019
concerning the Arrangement for Customary Villages. This study was conducted using normative
methods. The data used in this study consisted of primary data and secondary data. All data were
analyzed using qualitative methods. The results of this study were presented in a descriptive
analysis report. The results showed that regional legal products in Maluku Province have
formulations that were not in accordance with the higher laws and regulations and have legal
uncertainties in the implementation of customary village arrangements in Maluku Province.
Keywords: Arrangement of Customary Villages; Regional Regulations.
Siska Giofana Mapusa | 1999
INTRODUCTION
In the initial draft of the General
Explanation to the 1945 Constitution of the
Republic of Indonesia Number I, it was
stated that unwritten basic laws also apply
as a fundamental unwritten law. However,
since the fourth amendment to The 1945
Constitution of the Republic of Indonesia,
which only consisted of the Preamble and
articles, then the recognition of unwritten
law in the form of customary law in the
constitution is contained in Article 18B
paragraph (2) of the 1945 Constitution of
the Republic of Indonesia which states that
the state recognizes and respects
customary law community units along with
their traditional rights as long as they are
still alive and in accordance with the
development of society and the principles
of the Unitary State of the Republic of
Indonesia (Pusat Analisis dan Evaluasi
Hukum Nasional, 2019). Furthermore, the
recognition of customary law in Indonesia
is strengthened by several laws and
regulations that facilitate the embodiment
of aspects of regional autonomy. One is
Law Number 23 of 2014 concerning
Regional Government and Law Number 6
of 2014 concerning Villages. The presence
of these two legal products provides a
strong legal basis for the regions in
regulating their respective customary laws,
especially customary law community units
within the scope of the community,
hereinafter referred to as customary
villages, which need to be properly
organized following the provisions in the
applicable legal products.
The arrangement for the customary
village framework referred to is
constitutionally guaranteed. According to
(Asshiddiqie, 2003), the regulation
regarding the arrangement of traditional
villages and villages is an implementation
of Article 18 B paragraph (2) of the 1945
Constitution of the Republic of Indonesia.
According to Jimly Asshiddiqie, it is
necessary to pay attention that this
recognition is given by the state (i) to the
existence of a customary law community
along with their rights -traditional rights
they have; (ii) The existence that is
recognized is the existence of customary
law community units; (iii) the customary
law community is alive (still alive); (iv) In a
certain environment (lebensraum); (v) Such
acknowledgment and respect shall be
given without neglecting the appropriate
criteria for humanity in accordance with
the level of development of the nation's
existence; (vi) recognition and respect
must not reduce the meaning of Indonesia
as a country in the form of a unitary state
of the Republic of Indonesia.
After the enactment of Law No. 6 of
2014, in accordance with Article 96 states,
"The Government, Provincial Governments,
and Regency/City Regional Governments
carry out the arrangement of customary
law community units and are determined
to become Traditional Villages." However,
until now, there has been no official
recognition of the status of traditional
villages in Maluku Province, so 1200
villages in Maluku Province are still
administrative, according to the table
below:
Table 1. Data on the Number of Districts,
Urban Villages and Villages in 11
Regencies/Cities in Maluku Province from
the Community and Village Empowerment
2000 | An Evaluation of The Aspects of Arrangement of Customary Villages In Maluku Province
Office of Maluku Province
No
Regency/
City
Sub-
distri
ct
Regen
cy
Villa
ge
1
2
3
4
5
1
Central
Maluku
18
6
186
2
Southeast
Maluku
11
1
190
3
Tanimbar
Islands
10
2
80
4
Buru
10
-
82
5
Eastern
Seram
15
-
198
6
Western
Seram
11
-
92
7
Aru
Islands
10
2
117
8
Southwes
t Maluku
17
1
117
9
South
Buru
6
-
81
1
0
Ambon
City
5
20
30
1
1
Tual City
5
3
27
Total
118
35
27
Furthermore, in the practice of
community and village empowerment in
Maluku, the Maluku Provincial
Government c.q. Community and Village
Empowerment Office, several regulations
that are used as references include;
a) Law Number 6 of 2014 concerning
Villages;
b) Law Number 23 of 2014 concerning
Regional Government;
c) Government Regulation Number 47 of
2015 concerning Amendments to
Government Regulation Number 43 of
2014 concerning Regulations for
Implementing Law Number 6 of 2014
concerning Villages;
d) Regulation of the Minister of Home
Affairs Number 112 of 2014 concerning
Village Head Elections;
e) Regulation of the Minister of Home
Affairs Number 45 of 2015 concerning
Guidelines for Determining and
Confirming Village Boundaries;
f) Regulation of the Minister of Home
Affairs Number 84 of 2015 concerning
the Organizational Structure and
Working Procedures of the Village
Government;
g) Minister of Home Affairs Regulation
Number 1 of 2016 concerning Village
Asset Management;
h) Regulation of the Minister of Home
Affairs Number 110 of 2016 concerning
the Village Consultative Body; and
i) Regulation of the Minister of Home
Affairs Number 1 of 2017 concerning
Village Management.
Furthermore, specifically related to the
aspect of structuring customary villages
within the scope of regional autonomy
based on the attributive authority granted
by Law Number 23 of 2014 concerning
Regional Government, the regional legal
product that is binding in Maluku Province
is Maluku Province Regional Regulation
Number 16 of 2016 concerning
arrangements for Customary Village The
presence of this regional regulation is used
as an "umbrella provision," to give birth to
various regulatory policies at the local legal
system level, especially in regencies/cities
which are expected to be able to develop
even more advanced according to the
characteristics and characteristics of the
Siska Giofana Mapusa | 2001
region. Therefore, this Regional regulation
functions as an umbrella provision that will
only regulate matters of a principal nature
which will then be elaborated further with
various regulations in the field of other
local legislation, such as regional
regulations, regulations/decisions from the
Regent/Mayor or customary village
regulations/decisions following the
authority they have.
If you look at the regency/municipality
level regulations, Southwest Maluku
Regency Regional Regulation Number 4 of
2022 concerning Village Management and
customary village has been issued, making
Maluku Province Regional Regulation
Number 16 of 2016 as one of its legal
bases. The inclusion of the legal basis
illustrates that this regional regulation has
become a reference for regencies/city
governments in drafting regional
regulations in the local area. In connection
with the importance of the existence of this
regional regulation, in substance and
technique, laws and regulations must be
effective, efficient, and have a quality
implementation impact on the community.
Based on the Academic Text of the
Maluku Province Regional Regulation
Number 16 of 2019 concerning
Arrangements for Customary Villages.
From a philosophical aspect, the customer
village (or called by other names) in
Maluku Province has grown and developed
throughout history for centuries. It has
become a symbol of identity for the
continuity of community life and national
development in Maluku Province. In
addition, to preserve local cultural values,
customs, and customary laws in the
administration of customary village
governance as a unit of customary law
communities in Maluku Province, they
have a very large and strategic role, so they
need to be preserved, their position,
function, and role need to be regulated as
a Provincial Regulation concerning
arrangement for the customary village.
From a sociological perspective,
arrangements regarding arrangement for
the customary village (or referred to by
other names) are carried out as an effort to
organize the administration of village
governance based on customary and
cultural characteristics, value systems and
systems, institutions, and social institutions
that live, grow and develop following the
values -the traditional values of the Maluku
people and in line with the system of
government of the Unitary State of the
Republic of Indonesia.
From a Juridical Aspect, arrangements
regarding arrangement for the customary
village (or referred to by other names) are
carried out as an effort to structure the
administration of village governance based
on customary and cultural characteristics,
systems and systems of values, institutions,
and social institutions that live, grow and
develop following the values -the
traditional values of the Maluku people
and in line with the system of government
of the Unitary State of the Republic of
Indonesia. In order to preserve local
cultural values, customs, and customary
laws in the administration of customary
land as a unit of customary law
communities in Maluku Province, they
have a very large and strategic role that
needs to be preserved; their position,
function, and role need to be regulated as
in regulation area; Whereas to confirm the
2002 | An Evaluation of The Aspects of Arrangement of Customary Villages In Maluku Province
regulatory material regarding the
arrangement of villages and customary
villages which are part of the arrangements
regarding the administration of village
governance to guarantee more detailed,
comprehensive and specific arrangements
and is a serious and strategic effort for the
benefit of participatory development and
the welfare of all levels of society as well as
a symbol of identity which is the strength
of the Maluku people in the context of
national development carried out in
Maluku Province.
The purpose of enacting Maluku
Province Regional Regulation Number 16
of 2019 concerning arrangement for the
customary village is as follows;
1. Give recognition and respect for
existing villages with their diversity
before and after the formation of
the Unitary State of the Republic of
Indonesia;
2. Providing clarity on the status and
legal certainty for villages in the
constitutional system of the
Republic of Indonesia to realize
justice for all Indonesian people;
3. Preserving and advancing the
customs, traditions, and culture of
the village community;
4. Encouraging initiatives, movements
and participation of the village
community to develop village
potential and Assets for common
prosperity;
a. Establishing a professional,
efficient and effective, open and
responsible village government;
b. The regulatory principle in this
law are:
1) recognition;
2) diversity;
3) togetherness;
4) mutual cooperation;
5) kinship;
6) deliberation; And
7) democracy.
In this regard, it is necessary to
carry out evaluative steps to look at
aspects of structuring traditional villages
in the Maluku province through the
existence of the Maluku Province
Regional Regulation Number 16 of 2019.
This is a logical consequence of the
presence of Monitoring and Review
aspects regulated in Law Number 15 of
2019 concerning Amendments to Law
Number 12 of 2011 concerning the
Formation of Legislation. The results of
this juridical evaluative step can provide
input for local governments in controlling
the achievement of implementation of
regional legal products that specifically
contribute actively to the arrangement
for customary village aspects in Maluku
Province. Thus, the author submitted the
title regarding “An Evaluation of the
Aspects of Arrangement of Customary
Villages in Maluku Province (Implications
of the Existence of Maluku Province
Regional Regulation Number 16 of 2019
concerning Arrangement for Customary
Villages).”
Based on the background review
above, the formulation of the problem
raised by the author is as follows;
1. What is the legal analysis and
evaluation of Maluku Province
Regional Regulation Number 16 of
2019 concerning arrangement for
customary village?
Siska Giofana Mapusa | 2003
2. What is recommended from the results
of the analysis and legal evaluation of
Maluku Province Regional Regulation
Number 16 of 2019 concerning
arrangement for customary village?
This study is a normative legal research
based on library research. Library research
was conducted by searching for secondary
data obtained by literature study obtained
from various books, literature, laws and
regulations, theses, theses, papers, legal
journals, magazines, decrees, and other
materials related to research conducted
afterward to study and analyze the data
obtained.
MATERIALS AND METHODS
Evaluation research on the aspects of
structuring traditional villages in Maluku
Province aims to obtain information and a
better understanding of the success of the
structuring of traditional villages that have
been carried out in that area. This research
will use a qualitative approach using several
stages as follows:
Identification and definition of
variables to be measured in this study.
These variables can include social structure,
traditional village spatial planning,
community participation, tradition
continuity, and others.
Traditional village in Maluku Province
as a research sample. The selected
traditional village will include various
characteristics such as population, type of
tradition, geographical conditions, and
others.
Third, researchers will make
observations in the field to study social
structure, traditional village spatial
planning, community participation,
tradition continuity, and other variables.
Observations can be made by means of
interviews, direct observation, and
recording.
Fourth, the researcher will use a
questionnaire to interview indigenous
village communities and customary leaders
to obtain more detailed information about
the identified variables.
The quality of the data obtained from
observations and interviews will be
analyzed using a thematic analysis
approach. Researchers will identify patterns
that emerge from the data, collect relevant
information, and make appropriate
conclusions.
Research results and provide
recommendations for improving the
arrangement of traditional villages in
Maluku Province. The recommendations
given can be adapted to the situation of
each customary village that has been
studied.
Research that includes a summary of
research results, methodology used, data
analysis, interpretation, and
recommendations. It is important to
involve the local community in this research
so that the results of the research can be
well understood and implemented
effectively.
RESULTS AND DISCUSSION
A. Legal analysis and evaluation of Maluku
Province Regional Regulation Number
16 of 2019 concerning Arrangement for
Customary Villages
In analyzing and evaluating Maluku
2004 | An Evaluation of The Aspects of Arrangement of Customary Villages In Maluku Province
Province Regional Regulation Number 16
of 2019 concerning arrangement for
customary villages, the author uses
guidelines from the Center for Legal
Analysis and Evaluation of the National
Legal Development Agency, Ministry of Law
and Human Rights of the Republic of
Indonesia. The evaluation method uses 6
(six) dimensions of assessment based on
evaluation guidelines for laws and
regulations, including;
1. Dimensions of Pancasila;
2. Dimensions of the Accuracy of Types
of Legislation;
3.Dimensions of Regulatory
Disharmony Potential;
4. Dimensions of clarity of formulation;
5. Dimensions of Conformity Principles
in the Legal Field of the Relevant
Legislation;
6. Dimensions of the Effectiveness of
the Implementation of Laws and
Regulations.
The intended analysis and evaluation
reviews 2 (two) aspects, namely regulatory
and non-regulatory aspects.
1. Regulatory Aspect
Meanwhile, based on the analysis and
evaluation that has been carried out
on the Maluku Province Regional
Regulation Number 16 of 2019
concerning the arrangement for
customary village, a number of crucial
dimensions are obtained including;
1) Clarity of Formulation;
2) Regulatory Disharmony; And
3) Accurate Types of Legislation.
However, of these three dimensions,
the dimension of clarity of formulation
has a more crucial portion, including
the Maluku Province Regional
Regulation Number 16 of 2019
concerning Customary Village
Management which has not
formulated firm, clear and precise
regarding;
1) The sociological basis for regional
regulations has not yet been
formulated. Therefore, it is
necessary to reformulate the
sociological and juridical basis for
regional regulations regarding
village management.
2) The absence of a chapter on the
procedures for exercising
customary village authority in the
formulation of the article on the
scope of regional regulations.
3) It has not been regulated yet in a
precise, firm, and clear manner
regarding institutional
arrangements, filling in positions
and terms of office for heads of
customary villages based on
customary law, which is the
authority of the Provincial
Government in accordance with
Article 66 paragraph (1) and
paragraph (2) of the Minister of
Home Affairs Regulation Number
1 of 2017 concerning Village
Management.
4) There is no formulation of further
regulations implementing
regulations (governor regulations)
from regional regulations.
Arrangements regarding
implementing regulations
(governor regulations) must be
formulated in the content material
so that a time limit can be set for
implementing regulations from
Siska Giofana Mapusa | 2005
this regional regulation. If there is
no further regulation of this
regional regulation in the
governor's regulation, then this
provision does not need to be
included.
Some of the issues that arise
from the dimensions of regulatory
disharmony and the accuracy of the
types of laws and regulations, among
others;
1) Content material regarding
arrangement for customary village
is not in accordance with
Permendagri Number 1 of 2017
concerning Village Management,
Article 52 and Article 55.
2) The legal basis for forming
regional regulations is too broad,
which should conform to the
Boundaries following Appendix II
numbers 28 and 39 of Law
Number 12 of 2011 concerning
the Formation of Legislation as
amended by Law Number 13 of
2022 concerning the Second
Amendment to Law Number 12 of
2011 concerning Formation of
Regulations Legislation, states
that:
The legal basis contains:
a. Basis of authority for
formation of Legislation; and
b. Legislation that orders the
formation of statutory
regulations.
The legal basis for forming
regional regulations is Article 18
paragraph (6) of the 1945
Constitution of the Republic of
Indonesia, the Law on the
Formation of Regions and the Law
on Regional Government.
2. Non-Regulatory Aspects
Based on data from the Maluku
Province Community and Village
Empowerment Office, the following
information was obtained;
1) With regard to the function of the
Regional Government in the
arrangement for the customary
village, so far, the responsibilities
and functions of the Provincial
Government have only been
limited to Guidance and
Supervision. This is related to the
condition where all 1,200 villages
in Maluku Province still have
administrative status, so the
process of fostering customary
villages has not been running. The
process of arranging for
customary village is only limited to
a proposal for a change in status
by the regency government to the
provincial government.
2) Related to the aspect of
community complaints, many
people wish that their village
would immediately receive
recognition as a customary village
status. As for some of the case
data obtained, the village of Iha
Luhu did not want to participate in
the simultaneous village election
by the Regional Government of
West Seram Regency because
they thought they were a
traditional village. Hence, the
election of the King had to go
through a determination by the
2006 | An Evaluation of The Aspects of Arrangement of Customary Villages In Maluku Province
Regent. As a result, until now, the
village is still occupied by an
acting Village Head appointed by
the Regent. In addition, for
example, the villages in Kei Besar
Utara Barat sub-district are related
to the dualism of the King, which
the Southeast Maluku District
Government has not resolved.
3) Regarding aspects of efforts to
solve customary village problems,
so far, referring to regional
regulations related to customary
villages/countries in their
respective regencies/cities,
especially for regencies/cities that
have made regional regulations
related to customary villages.
4) Regarding the aspect of
understanding community law,
the Maluku Province Regional
Regulation Number 16 of 2019
has not been well socialized to
Regency/City Governments
because the substance of the
Regional Regulation still needs to
be reviewed according to the real
conditions of the people in
customary villages.
Some of the articles that need to be
amended from the Maluku Province
Regional Regulation Number 16 of 2019
concerning the Arrangement for
Customary Villages include;
1) Preamble
The sociological basis for regional
regulations has not yet been
formulated. Therefore, it is necessary to
reformulate the sociological and
juridical basis for regional regulations
regarding village management.
The sociological formulation illustrates
that regulations are formed to meet the
needs of society in various aspects.
The juridical basis illustrates that
regulations are formed to overcome
legal problems or fill legal voids by
taking into account existing
regulations, to guarantee legal
certainty and a sense of justice for the
community.
2) Article 3
The content material contained in the
scope provisions should be further
elaborated in the content material
articles.
Scope of Material The content of
regional regulations is not elaborated in
the following material. Article 3 letter d,
which contains procedures for
implementing customary village
authority, is not formulated in a
separate chapter in the regional
regulation.
3) Article 4 to Article 7
The indicator used is the existence of
arrangements regarding the same
matter in 2 (two) or more regulations
that have different hierarchies but
provide different authorities.
The content material is not in
accordance with the laws and
regulations regarding the
arrangements for the customary village.
Content material regarding
arrangements for the customary village
is regulated in the Regulation of the
Minister of Home Affairs Number 1 of
2017 concerning Village Management,
Article 52 and Article 55.
4) Article 8
In accordance with Article 66 paragraph
Siska Giofana Mapusa | 2007
(1) and paragraph (2) of the Regulation
of the Minister of Home Affairs Number
1 of 2017 concerning village
arrangements, it is necessary to
formulate content material concerning
the Institutional Arrangement, filling in
positions and terms of office for heads
of customary villages based on
customary law. This needs to be done
because it is a guideline for District/City
Governments in establishing regional
regulations regarding the
administration of customary village
governance, implementation of
customary village development,
customary village community
development, and customary village
community empowerment.
Article 8 does not regulate precisely,
explicitly, and clearly regarding the
institutional structure, filling of
positions, and terms of office for the
Head of a customary village based on
customary law.
5) Article 13 paragraph (2)
The indicators used are regulated Main
Materials, written in a special general
systematic (See Instructions No. 62
Appendix II of Law Number 12 of 2011
concerning Formation of Legislation).
The abbreviations used in the content
material need to be stated explicitly in
the general provisions. It must be
written as its extension if it is not stated
in the general provisions.
Village-owned enterprises are not
mentioned in the general provisions.
6) Article 15
The indicator used is Closing Provisions
(Settings regarding Implementing
Regulations. See Instructions No. 207
Appendix II of Law Number 12 of 2011
concerning Formation of Legislation).
Furthermore, there is no formulation of
further regulations implementing
regulations (governor regulations) from
regional regulations.
Arrangements regarding implementing
regulations (governor regulations) must
be formulated in the content material
so that a time limit can be set for
implementing regulations from this
regional regulation. If there is no further
regulation of this regional regulation in
the governor's regulation, then this
provision does not need to be included.
B. Recommendations for the Results of
Legal Analysis and Evaluation of Maluku
Province Regional Regulation Number
16 of 2019 concerning Arrangement of
Customary Villages
1. Regulatory Recommendations
Meanwhile, based on the analysis and
evaluation that has been carried out on
the Maluku Province Regional
Regulation Number 16 of 2019
concerning the Arrangement for
Customary Villages, several crucial
dimensions are obtained, including;
1) Clarity of Formulation;
2) Regulatory Disharmony; And
3) Accurate Types of Legislation.
In connection with a number of issues
based on the three dimensions of the
assessment, the recommendations
formulated include;
1) Changing the preamble considers
adding the formulation of the
sociological basis describing that
regulations are formed to meet the
needs of society in various aspects,
2008 | An Evaluation of The Aspects of Arrangement of Customary Villages In Maluku Province
and the formulation of the juridical
basis, which describes that
regulations are formed to resolve
legal problems or fill legal voids by
taking into account existing rules,
to guarantee legal certainty and
sense of social justice.
2) Changing the legal basis for
remembering by adjusting to
numbers 28 and 39 Appendix II of
Law Number 12 of 2011
concerning Formation of
Legislation as amended by Law
Number 13 of 2022 concerning
Second Amendment to Law
Number 12 of 2011 concerning
Formation of Legislation.
3) Changing the formulation
regarding the scope of regional
regulations in Article 3 with
options;
a. Eliminate the scope of
letter d if there is no further
elaboration regarding the
Chapter on procedures for
implementing customary
village authority; or
b. The scope of letter d still
exists, but furthermore it is
necessary to elaborate
further on the chapter
regarding this scope,
namely the chapter on
procedures for
implementing customary
village authority.
4) Changing the formulation of
Articles 4 to 7 concerning the
arrangement for customary village
by adjusting to the content
stipulated in Articles 52 and Article
55 of Permendagri Number 1 of
2017 concerning Village
Arrangement.
5) The need to change or delete the
formulation of article 8 which
regulates customary village
governance with options;
a. Amended by regulating
precisely, firmly and clearly
regarding the institutional
structure, filling of
positions and term of office
of the Customary Village
Head based on customary
law, or
b. Deleted with a
recommendation to
establish a new Maluku
Province Regional
Regulation concerning
Institutional Structure,
filling in positions and
terms of office for
customary village heads.
This is in accordance with
the provisions in Article 66
paragraph (1) and
paragraph (2) of the
Minister of Home Affairs
Regulation Number 1 of
2017 concerning
Customary Village.
6) Removing the abbreviation for
village-owned enterprise in Article
13 paragraph (2) because it is not
mentioned in the general
provisions.
7) Removing Article 15. There should
be a formulation of further
regulations implementing
regulations (governor regulations)
Siska Giofana Mapusa | 2009
from regional regulations.
Arrangements regarding
implementing regulations
(governor regulations) must be
formulated in the content material
so that a time limit can be set for
implementing regulations from
this regional regulation. If there is
no further regulation of this
regional regulation in the
governor's regulation, then this
provision does not need to be
included.
2. Non-Regulatory Recommendations
1) The need for institutional
coordination within the Maluku
Provincial Government's scope in
formulating policies for structuring
traditional villages. Coordination
for the equal perception of the
substance of customary village
arrangement, which is the
authority of the Provincial
Government and the content
framework to be outlined in a
regional legal product.
In connection with one aspect of the
material content mandated by Article 66
paragraph (1) Permendagri Number 1 of
2017 concerning Village Management, it is
necessary to be taken into consideration
the Regional Government of the Province in
terms of determining future legal policies
regarding the follow-up to the
establishment of a separate Provincial
Regulation regarding this aspect.
CONCLUSIONS
Based on the results of legal analysis
and evaluation within the scope of the 6
(six) dimensions of the assessment carried
out on the Regional Regulation of Maluku
Province Number 16 of 2019 concerning
the Arrangement of Customary Villages, it
can be said that the achievement of the
implementation of the said Regional
Regulation has not been maximized
because it illustrates that the 3 (three)
dimensions of the assessment include
aspects unclear formulation, potential
regulatory disharmony and inaccuracy in
the types of laws and regulations.
Based on the lack of clarity in the
formulation, the potential for regulatory
disharmony, and the inaccuracy of the
types of laws and regulations from the
Maluku Province Regional Regulation
Number 16 of 2019, the recommendations
given are based on sharpening the analysis
and evaluation of the Maluku Province
Regional Regulation Number 16 of 2019
concerning Arrangement of Customary
Villages, which are recommendations from
regulatory aspects. Namely changes to a
number of articles with special notes
adjusting to the content of the contents of
the article and recommendations from
non-regulatory aspects
REFERENCES
Pusat Analisis dan Evaluasi Hukum
Nasional, BPHN
Kemenkumham ,2019, Analisis dan
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