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Volume 3 Issue 3, December 2021: pp. 252-266.
Copyright © 2021 Halu Oleo Legal Research. Faculty of Law, Halu Oleo University,
Kendari, Southeast Sulawesi, Indonesia.
Open Access at: http://ojs.uho.ac.id/index.php/holresch/
Halu Oleo Legal Research is licensed under a Creative Commons Attribution 4.0 International License, which permits unrestricted
use, distribution, and reproduction in any medium, provided the original work is properly cited.
Analisis Hukum Maladministrasi Pembentukan Desa
Definitif pada Pemerintahan Kabupaten Konawe
Analysis of Maladministration Law Definitive Village Establishment Konawe
District Government
Irwan Masrun
Fakultas Hukum Universitas Halu Oleo
E-mail: irwan.masrun86@gmail.com
Muh. Jufri Dewa
Pascasarjana Universitas Halu Oleo
E-mail: muh.jufridewa@yahoo.com
Guasman Tatawu
Pascasarjana Universitas Halu Oleo
E-mail: gtatawu@gmail.com
Abstract: This study aims to analyze the development regime of village formation before
and after the enactment of Law No. 6 of 2014 and to analyze the implications of norms for
the formation of maladministration villages. This study uses normative law research type
(legal research) with research shorts that include statute approach, case approach and
conceptual approach with primary and secondary legal materials with prescriptive
analysis techniques. The development regime of village formation before and after the
enactment of Law No. 6 of 2014 undergoes several changes related to the legal policy of
village formation before the enactment of the law on village formation into the authority
of the Level II Government which then the authority of village formation must be through
the decision of the Minister of Home Affairs which subsequently the formation of the village
is reorganized and the authority of village formation is returned to the Local Government
but has not set about the terms of the number of residents and the number of family heads
as a condition of formation. After the enactment of the Village Law village formation has
been regulated at the level of legislation where the terms and conditions of village
formation are contained in article 8 paragraph 3 letter b to 6. Village Law No. 6 of 2014 on
Villages. In terms of implications for the norm of the formation of maladministration
village, the establishment of the village as the norm of the order is a right that the local
government can form a village that must be preceded by village preparation for 5 years
with terms and conditions and its establishment refers to article 8 paragraph 3 letter b to
6 of village law No. 6 of 2014 on Villages. Against the norm of prohibition on the formation