THE IMPLEMENTATION OF REGULATION NUMBER 5 YEAR 2014 IN

ACEH PROVINCE

The system of government of the Unitary State of the Republic of Indonesia according to

the 1945 Constitution recognizes and respects the units of Regional Government which are

special or special nature regulated by law. One of the unique characteristic in the history of the

struggle of the people of Aceh is that there is a high level of resilience and morale which stems

from the view of life, social character and society with strong Islamic culture so that the Aceh

Region becomes the capital area for the struggle in seizing and maintaining the independence of

the Unitary State Republic of Indonesia.

Law Number 44 Year 1999 concerning the Implementation of Special Features of Aceh

Province needs to be harmonized in the administration of the Province of Aceh as the Province

of Aceh. To provide broad authority in running the government for the Special Province of Aceh,

the province of Aceh gets special autonomy.

Regional authority in implementing special autonomy namely to exercise the authority

still under the authority of the Central Government. The meaning of special in general is the

implementation in particular in accordance with the characteristics and conditions of the area

concerned. According to article 7 of Law no. 11 Year 2006 stipulated:

1.The Governments of Aceh and districts / municipalities shall be authorized to regulate

and taking care of government affairs in all public sectors except government affairs

which are under the authority of the Government.

 2. The Government Authority as referred to in paragraph (1) including government affairs

that are national, external politics national, defense, security, judiciary, monetary and

national fiscal, and certain affairs in the field of religion.

3. In carrying out the governmental authority that becomes its authority as referred to in

paragraph (2), the Government could:

a) self-implement;

b) hand over some of the Government's authority to the Government Aceh and

district / city governments;

c) delegate some to the Governor as the representative of the Government and

/ or Government agencies; and

d) assigned some affairs to the Aceh Government and district / municipality

governments and gampong based on the principle of duty help.

Government Regulation Number 18 Year 2016 on Regional Devices that are significant to

the formation of Regional Devices. Establishment of Regional Device as the implementation of

Government Affairs which is the authority of the Region, directed towards the organization with

appropriate and right size based on cooperation in the region of each Region.

The main foundation of the formation of Regional Devices, namely the existence of

Government Affairs submitted to the region consisting of the Mandatory Government Affairs and

Preferred Government Affairs. Government Affairs shall be divided into Governmental Affairs

relating to basic services and Governmental Affairs not related to basic services.
 Establishment of the Regional Device consider the factors of the area, the population,

the capacity of regional finances as well as the amount of task burden in accordance with

Governmental Affairs submitted to the Region as mandates that must be implemented by each

region through the Regional Device.

The system of government of the Unitary State of the Republic of Indonesia pursuant to

the 1945 Constitution of the State of the Republic of Indonesia recognizes and respects regional

government units of a special nature regulated by law. Based on the constitutional journey of the

Republic of Indonesia, Aceh is a special regional government unit linked to one of the typical

historical character of the struggle of the Acehnese people who have high resilience and fighting

power.

Resilience and high fighting power is sourced from the view of life based on Islamic

shari'ah that gave birth to a strong Islamic culture, so that Aceh became a capital area for the

struggle in seizing and maintaining the independence of the Unitary State of the Republic of

Indonesia. The implementation of governance and development implementation in Aceh has not

been able to fully realize the welfare of the people, justice and the promotion, fulfillment and

protection of human rights so that the Aceh Government needs to be developed and

implemented based on the principles of good governance.

Therefore, the interior ministry promulgated the regulation of the Minister of Home

Affairs number 95 of 2016 on the Aceh regional apparatus. In the regulation of the Minister of

Home Affairs in Article 2 there are regional apparatuses in the province of Aceh. However, Article

3 states that the Government of Aceh and the Government of Regency can make the formation
and change of regional apparatus that perform the privileges and specificity as needed by

referring to the provisions of the legislation. The formation and amendment are regulated by

Qanun Aceh / Qanun in the regency.

Related with article 3 of the minister's regulation, the provincial government of Aceh shall

issue qanun Aceh number 16 of 2016 to clarify the structure and function of regional apparatus

in Aceh province.

REGIONAL AUTONOMY THEORY

Regional autonomy is the embodiment of government related implementation of the

decentralization principle of the treatment of government affairs for the regions to take care of

their households. According to Ahmad Yani (2002) one of the matters handed over to the regions

is about the affairs that provide income to the Regional Government and the potential to be

developed in the excavation of new sources of income due to the region because PAD is highly

expected to finance regional expenditure.

According to Law Number 32 Year 2004 regarding Regional Government Article 1

paragraph 5 "Regional autonomy is the right, authority, and obligation of autonomous regions to

be regulated and government regulations according to the laws and regulations.

According to Saragih (2003: 39 and 40) the word autonomy comes from the Greek, it is

from the word autonomia, which means: “The quality or state being independent, free, and self

directing. Atau The degree of self determination or political control possed by a minority group,

territorial division or political unit in its relations to the state or political community of which it

forms a part and extending from local to full independence.”

 Meanwhile, according to Encyclopedia of Social Science in Ahmad Yani (2002: 5) original

understanding, autonomy is The legal self sufficiency of social body and its actual independence.

In line with the rolling of the implementation of regional autonomy in Indonesia, every

District and City Government perform various improvements towards the direction of autonomy

in each region of the Regency and City. The most important thing in answering various issues in

the implementation of regional autonomy is the availability of system and mechanism of work of

regional apparatus organization.

Accordance to the Law No.33, in articles 4, 5 and 6 of the funding sources of District and

Municipal Governments to meet local government expenditure needs in the implementation of

its activities are as follows:

1. The Regional Government of a Regency / City may obtain funding from sources

categorized as Original Revenue

2. Obtaining transfer of funds from the State Budget and Revenue allocated in the form of

equalization funds consisting of tax-sharing, non-tax sharing, General Allocation Fund

and Special Allocation Fund. The allocation of balancing funds is not only intended to

provide certainty of funding sources of the State Revenues and Expenditures Budget,

but also to reduce / decrease the difference in fiscal capacity among regions.

3. Regions receive revenues from other sources such as contingency funding and

emergency funding.

4. Receiving loans from home and abroad.

STAFFING ADMINISTRATION THEORY

 Civil Service Administration According to Paul Pigors and Charles A. Myers and Thomas G

Spates (1961: 12) argue that personnel administration is a procedure or procedure on how to

organize and treat people who work in such a way that they each earn as much as of his ability,

thus obtaining maximum efficiency for himself and his group. In addition to the company, where

they are the parts that determine competitive advantage and optimum results.

In the administrative dictionary (1968: 195), personnel administration formulated as all

activities related to the problem of the use of human labor in a cooperative effort to achieve

certain goals.

The activities of personnel administration mainly revolve around acceptance,

development, remuneration and dismissal. According to Felix A. Nigro in Moekijat (1991; 2)

Administration of Personnel is the art of selecting new employees and hiring old employees in

such a way that the quality and quantity of the maximum number of outcomes and services of

the workforce can be obtained.

In connection with the formulation, the functions or activities of personnel administration

according to Felix A. Nigro include:

1. Development of the organizational structure to implement the personnel program

including the duties and responsibilities of each employee is determined clearly and

firmly.

2. The systematic classification of office and the planning of a fair salary considering the

competitiveness of the private sector.

 3. Good withdrawal of labor

4. Employee selection that ensures the appointment of prospective qualified personnel

and their placement in the appropriate position.

5. Planning for office training with the intention of increasing employee skills, motivating

morale and preparing them for promotion.

6. Periodic and regular assessment of staff skills with the aim of improving work outcomes

and determining competent employees.

7. Promotion planning based on personnel skills in the presence of an occupational system,

where good employees are placed in positions in accordance with their skills, so that

they can achieve the highest level of office.

8. Activities to improve relationships between people

9. Activities to maintain and maintain morale and employee discipline.

State Civil Apparatus In order to realize the ideals of Indonesia in accordance with the

mandate of the opening of the 1945 Constitution, it requires a professional civil state apparatus,

clean of corruption, collusion and nepotism, free from political intervention, and able to provide

public services to the public.

In Law No. 5 of 2014, the State Civil Apparatus, hereinafter abbreviated as ASN is a

profession for civil servants and government employees with employment agreements working

in government agencies.
The State Civil Service Officer is a civil servant and a government employee with a work

agreement appointed by an officer of staffing and assigned to a government office or assigned

to another state duty and is paid under the laws and regulations.

The State Civil Apparatus as a profession is based on the following principles:

1. base value

2. codes of ethics and codes of conduct

3. commitment, moral integrity, and responsibility to the public service

the competencies required according to the task field

4. academic qualifications.

The Civil State Apparatus functions as:

1. implementing public policy

2. public servants, and

3. glue and unifier of the nation.

State Civil Servant Officer on duty:

1. to implement public policies made by the Officer of the Civil Service Personnel in

accordance with the provisions of the laws and regulations;

2. providing a professional and quality public service; and

3. to strengthen the unity and unity of the Unitary State of the Republic of Indonesia.

Under the provisions of Article 10 of Law Number 11 Year 2006 regarding the Government

of Aceh, the Government of Aceh may establish institutions, bodies and / or commissions under
this Act with the approval of the DPRA except those under the authority of the Government.

Further provisions concerning the establishment of such institutions, bodies and / or

commissions shall be governed by Aceh Qanun.

In its implementation, the Aceh government needs more civil state apparatus in running

its government system. Therefore, the Aceh government needs civil state apparatus in

accordance with the law number 5 of 2014 for Aceh provincial government system can run well.

In the regulation of the Minister of Home Affairs number 95 of 2016 article 2 there are

types of Aceh regional apparatus established in accordance with the provisions of legislation

regulating the regional apparatus taking into consideration the authority set forth in the

provisions of the legislation governing the governance of Aceh.

However, Article 3 states that the Government of Aceh and the Government of Regency/

Municipality can make the establishment and amendment of regional apparatus that perform

the privileges and specificity as needed by referring to the provisions of the laws and regulations.

The Aceh regional apparatus established based on the specificity of the province of Aceh

is arranged in qanun number 13 of 2016 in article 3, paragraph 4 which serves to carry out other

obligatory governmental affairs that are of a specific nature. The Aceh device as intended

includes:

1. Keurukon Katibul Wali / Secretariat Institution of Wali Nanggroe Aceh, organizes services

to Institution of Wali Nanggroe Aceh,

2. Aceh Syari'at Islam Agency, organizing the Government Affairs in the field of religious life

in the form of implementation of Islamic Shari'ah,

 3. Aceh Dayah Education Office, organizing governmental affairs in the field of education

dayah,

4. Aceh Land Agency, organizing Government Affairs in the field of land services in Aceh,

5. The Secretariat of the Religious Consultative Assemblies Aceh, held a service to the Islamic

Scholars Council of Islamic Scholars in the field of Islamic Scholars role in the

determination of Aceh's policies,

6. The Secretariat of the Aceh Traditional Assembly, conducts a service to the Aceh Adat

Council in the field of customary life which is syari'at Islam,

7. Secretariat of Education Assembly of Aceh, providing services to the Education Council of

Aceh in the field of quality education and add material local content in accordance with

Islamic Shari'ah,

8. Secretariat of Baitul Mal Aceh, organizes services to Baitul Mal Aceh in the field of zakat

management, waqf property, and religious property,

9. The Secretariat of the Aceh Reintegration Agency, providing services to the Aceh

Reintegration Board in the field of reintegration and efforts to strengthen Aceh's peace,

and

10. The Civilian Police Unit and Wilayatul Hisbah Aceh with Type A organize government

affairs in the field of peace, public order and the protection of the people and the

enforcement of Islamic Sharia.

As more regional devices are required in the formation of Aceh provincial government,

it is also necessary to have a qualified civil state apparatus in accordance with the standards set

out in the selection set forth in Law No. 5 of 2014.

 In addition to the law number 5 of 2014, the Aceh government also made the governor

regulation number 46 of 2016 to regulate the formation of civil state apparatus in Aceh province

government.
REFERENCES

http://distanbun.acehprov.go.id/uploads/Qanun_Aceh_Nomor_13_Tahun_2016.pdf

http://repository.usu.ac.id/bitstream/handle/123456789/26317/Chapter%20II.pdf?sequence=3&isAll

owed=y

http://repository.uin-suska.ac.id/4361/3/BAB%20II.pdf

http://www.kemendagri.go.id/media/documents/2017/01/30/p/e/permen_no.95_th_2016_1.pdf

http://www.pnri.go.id/assets/uploads/2017/02/PP-18-2016-Perangkat-Daerah.pdf

https://jdih.acehprov.go.id/peraturan-

gubernur/Pergub_2016/PERGUB_NOMOR_46_TAHUN_2016.pdf

https://jdih.acehprov.go.id/peraturan-

gubernur/Pergub_2016/PERGUB_NOMOR_102_TAHUN_2016.pdf