RECONSTRUCTION OF EXECUTIVE AND LEGISLATIVE AUTHORITIES TO MAKE A GOOD GOVERNANCE BASED ON WELFARE VALUES

The executive and legislative powers of good governance based on welfare values imply that the executive and legislative bodies as the state organizers and the bearers of the mandate to manage public affairs should prioritize the general interests and safeguard the public good over many individual and group interests. The executive and legislative authorities in realizing good governance have not worked well due to the practice of extraterrestrial partnership relations, especially in terms of APBD (Regional Budget) arrangements that seem to promote personal or group interests. The role of function is large enough to cause conflict between the executive and legislative (local government), especially the head of the region.


A. INTRODUCTION
The development of laws and regulations governing the system of local governance since the founding of the Unitary State of the Republic of Indonesia, as well as the demands of political change in the regions has prompted the central government to dilute the centralism of power that has long been in the center of government.The legislative tendency of the region acts beyond its rights and authority by intervening in the authority of the regional executive, whereas the regional executive tends to use the old dogma which wants to remain in power thoroughly and dominantly.This allows for conflict and unharmonious relationships between the executive and legislature in a local government.
A representative institution must be able to optimize its political function independently so as to position itself neutrally in assessing the 200

Reconstruction Of Executive And Legislative Authorities To Make
A Good Governance Based On Welfare Values Muhamad Khamim government and its people.In essence, regional autonomy is the right to organize self-government based on the aspirations and needs of the community without interference from the upper-level government.
This means that regional autonomy provides an opportunity for the community, including apparatus and people's representatives to participate in planning and implementing policies independently without the need for central considerations as long as it is still within the regulatory corridor.
The principle of local governance is the principle of autonomy and duty of assistance.In accordance with the explanation in the constitution by Bagir Manan explained in a number of short articles that decentralization and deconcentration in the perspective of constitutional law is only a way of organizing government by the central government in the region.That is, the implementation of local government can be done by decentralization or deconcentration.1 In the new paradigm of regional autonomy allows the implementation of control over local government to be effective.Here the DPRD is expected to be able to play its role and function optimally in the process of efficient, effective, clean, authoritative and efficient regional government administration, so that people can enjoy the reality of a decent life. 2 In essence, the main function of the legislative (DPR/DPRD) is the function of oversight and legislation.An additional function that is closely related to both functions is the budget function.In the implementation of these two main functions in the field of oversight and legislation, this legislative position is very strong.Instruments that can be used by the

B. RESEARCH METHODS
This research was conducted by using normative judicial approach, because library material was used as main material that is primary material consisting of basic norm or rule, basic rule or regulation, and also regulation.In addition, secondary legal materials were used as secondary data which includes primary, secondary, and tertiary legal materials.
This research is analytical descriptive because it aims to give description about facts along with accurate analysis.Data analysis was done by descriptive and explanatory.The point is that the researcher described the facts and data obtained from the research.Then it was followed up by explaining the data and facts that have been described.

Reconstruction Of Executive And Legislative Authorities To Make
A Good Governance Based On Welfare Values Muhamad Khamim

C. RESULTS AND DISCUSSION
1.The executive and legislative authorities in realizing a good government in the perspective of Law no.23 of 2014 on Regional Government has not gone well; The function of legislation (the formation of Perda/regional regulation) is the main function of DPRD as the regional legislative body.
Marbun argued that "the function of making the law is the main and original function of the Regional People's Legislative Assembly as a legislative body.Through this function, DPRD (Regional House of Representative) can show the color, character and quality, both materially and functionally"3 .This legislative function is attached to the DPRD as it is a representative body of the people.
DPRD is a legislative institution in the region.Strong argues that the legislature is the power of the government which deals with the making of the law, in so far as the law requires statutory force.This also remembers that the legislature in Indonesia is an institution that has a function as a representative institution of the people. 4e position of the Regional People's Legislative Assembly as the regional government organizer together with the regional government places the DPRD under the control of the Central Government through the Ministry of Home Affairs due to the local government administration under the Ministry of Home Affairs.The consequences of this DPRD position caused various regulations to be regulated in the Central Government's legal products such as Government Regulation, Permendagri, and Circular Letter.As a result of the DPRD as an element of the implementation of the regional administration, the DPRD is more subject to the Minister of Home Affairs, subject to Government Regulation than the constituents it represents-the people.5 The executive and legislative authorities in realizing a good government in the perspective of Law no.23 of 2014 has not gone well.
Implementation of local government can be seen from the juridical and philosophical differences.The juridical distinction is contained in the form of articles that regulate matters not regulated in the preceding legislation.
While the philosophical differences seen from the meaning and orientation that is explicitly contained in the articles that were not previously regulated in the previous law.The difference is juridical, very visible in the absence of articles that regulate the implementation of regional head elections.The subject of regional election has been regulated in Law no.
23 year 2014.The main reason stated in the academic draft of RUU Pilkada (Regional Election) is meant for the law both local government and local elections can run maximally in accordance with their respective central issues.In addition, in the separation of local government and regional elections are intended to reinforce the position and differentiation of the governor and the mayor/regent.This is because the governor is elected through a direct election mechanism.However, unilaterally it is coopted by placing the governor as the representative of the central government.In academic perspective the position of governor can be categorized as "intermediate unit".The hallmark of the "intermediate unit" in its administration deals with the de-concentration of decentralization.
Thus, the governor elected directly by the people, his authority is "castrated" because of his double status which is also a representative of the central government.In contrast to the mayors and district heads who are both elected by the people but their status as autonomous regions that put forward the principle or principle of decentralization.This is where  no.23 of 2014 is expected to improve the system of regional governance.
In addition, the change orientation from mere power to public services should be able to encourage the improvement of people's welfare in the regions.
2. The weaknesses of the executive and legislative authorities in realizing good governance at present; The weaknesses of the executive and legislative authorities in realizing good governance today are the occurrence of excessive partnership engagement practices, especially in the case of APBD (Regional Budget) arrangements that seem to promote personal or group interests should be avoided.There is hope with the Act of 23 Year 2014 developed a partnership attitude guarded by law enforcement against the practices of corruption in the region.
The dysfunction and stagnation of local government and DPRD (Regional House of Representative) is one of the causes of the failure of the implementation of regional autonomy at the expense of the basic rights of the people.The failure of regional autonomy to fulfill people's basic rights is a serious matter.Much work remains to be done to ensure that political instruments such as Pilkada (Regional Election) are able to produce effective, credible and responsible local governments, and are relevant to the communities and regions concerned.In the meantime, local governments that are still in office also need to take initiative and strategic steps in utilizing its authority to run development programs in the regions effectively and optimally.e.There is a tendency for districts to dredge as much of PAD sources as if the interests of community welfare are dubbed, and it is not guaranteed that these levies will feed back, melting process as a cost to overcome public welfare; f.There appears to be a tendency to overlap territory between the districts with an overwhelming autonomous spirit and assume that there should be no more central intervention in the case despite a. Article 63 (after reconstruction): (1) The regional head as referred to in Article 59 paragraph (1) shall be assisted by the deputy regional head; (2) The deputy head of the region as referred to in paragraph (1) for the province shall be called the vice-governor, for the district referred to the vice-regent, and for urban areas the representative of the mayor.
b. Article 65 (after reconstruction): The regional head has the duty: a.To lead the implementation of government affairs which become the regional authority based on the provisions of laws and regulations stipulated in parliament; b.To maintain public order and peace; government affairs as referred to in paragraph (1) shall be government affairs entirely under the authority of the central government (3) concurrent government affairs as referred to in paragraph (1) shall be government affairs divided between central and provincial and districts/municipal governments, (4) concurrent government affairs assigned to regions shall be the basis for the implementation of regional autonomy, 5) general government affairs as referred to in paragraph (1) shall be government affairs authorized by the president as head of government.The spirit of Law no.23 of 2014 is to maximize the role of local governments that are able to carry out the authority oriented basic services not just power.Under these conditions, inevitably, the participation of the public is in terms of supervision of government-based public service provision.The form of manifestation of the juridical renewal spirit is set forth in Chapter XIII on Public Service.This chapter discusses the efforts of local governments in meeting the needs of society as a form of public services.Thus, the public is able to provide feedback on public services provided by the local government.Therefore, the Law also regulates Community Participation in Chapter XIV.The existence of Law International Journal of Law Reconstruction Volume I, Issue 1, September 2017 205 the country is a unitary state.In practice and development in the regions, it emerges that the rulers as local government organizers have become a kind of "little kings" claiming that there is no coordination and control of the provinces/governor to District/regents and municipalities/Mayor. 3. Reconstruction of executive and legislative authority in realizing good governance with welfare-based values.Reconstruction of executive and legislative authorities in good governance based on welfare values is done by efficiency and effectiveness of executive and legislative authorities capable of improving public service and welfare.The reconstruction of the law by making changes to Article 63 paragraph (1), Article 65 paragraph (1) letter (f), Article 66 paragraph (3) and the addition of paragraph (4), Article 88 of Law no.23 of 2014 as follows: International Journal of Law Reconstruction Volume I, Issue 1, September 2017 207 claiming that