Kewenangan Pemerintah Desa dalam Menetapkan Peraturan Kepala Desa sebagai Instrumen Hukum Administratif dalam Kerangka Otonomi Desa Berdasarkan Teori Atribusi Delegasi dan Kepastian Hukum

Abstract

The village is the lowest level of government with the authority to manage local community affairs and implement national policies in accordance with Law No. 3 of 2024 on Villages. In practice, the government adheres to the principle of decentralization, whereby each region has broad autonomy to manage its own affairs through the enactment of village regulations. The issues examined include the legal status of Village Head Regulations within the hierarchy of legislation, coordination mechanisms between the Village Government and the Village Consultative Body during Village Assemblies, and the implementation of beneficiary criteria in ensuring legal certainty and social justice. This study employs a normative legal method with a descriptive-analytical approach through a literature review of primary, secondary, and tertiary legal sources. The theoretical frameworks utilized include the Theory of Attribution and Delegation, Hans Kelsen’s Theory of the Function of Power, and Gustav Radbruch’s Theory of Legal Certainty. The research findings indicate that Village Head Regulations possess legal validity under Article 8 of Law No. 12 of 2011, with their authority derived from Law No. 3 of 2024. The mechanism for their formulation involves a Village Assembly that includes the Village Consultative Body and community representatives; however, there remains a risk that this process could devolve into a mere procedural formality. The implementation of beneficiary criteria has sought to achieve distributive justice through tiered verification, but lacks measurable parameters, potentially leading to subjectivity. This study recommends strengthening substantive parameters, optimizing oversight functions, and improving the quality of community participation.