Recruitment of Village Apparatus in the Regions and Implementation

The purpose of this article is to find out how the rules for the appointment of a village apparatus in the area and to know the implementation of the appointment at every level of village apparatus in the area. The research method used is empirical normative data collection through literature study, observation and interviews. The research location is Kuningan Regency, West Java. The results of the study are that the regulation on the selection of village apparatus is regulated in Law Number 6 of 2014 concerning Villages while the implementation of the local government issued Regional Regulation of Kuningan Regency Number 13 of 2015 concerning Village Apparatus and Kuningan Regent Regulation Number 73 of 2015 concerning Procedure for Appointment, Dismissal and Transfer of Position of Village Apparatus. Factors that predominantly influence the implementation of the appointment of the village apparatus are the lack of community knowledge related to regulations related to the selection of village apparatus so that there is a need for educational activities to the community related to regulations at the regional level.


INTRODUCTION
Regional Reform and Autonomy is new hope for the government and the village community to build their villages according to the needs, potential, and aspirations of the city. For most village government apparatus, autonomy is a new opportunity that can open creative space for the village apparatus in managing the village, for example, all things to be done by the village government must go through the district approval route, for now, this does not apply anymore 1 . In the administration of government affairs by the regional government, it is carried out with the principle of local autonomy, which means that the rights, authorities, and obligations of the autonomous region to regulate and manage their own government affairs and the interests of the local community, in accordance with statutory regulations. This implies that central government affairs which are the authority of the central government cannot possibly be carried out as well as possible by the central government in favor of public services and public welfare in all regions.
Geographical conditions, political systems, legal, social and cultural, very diverse and patterned, on the other hand, the Unitary Republic of Indonesia, which includes areas in the form of islands and the vast regions of the country. Therefore, matters concerning government affairs that can be carried out by the regions themselves, it is very appropriate to be given an autonomy policy so that each part will be more capable and independent to provide services and to improve the welfare of the people in the area. An autonomous region is a legal community unit that has territorial boundaries, which has the authority to regulate and manage government affairs and interests of the local community according to their initiatives, based on the aspirations of the people in the system of the Unitary State of the Republic of Indonesia, which has several elements including elements of territorial boundaries, aspects of government and perspective of society. In addition to these elements, there are also many principles implemented in the administration of governmental affairs between the principle of decentralization, the law of deconcentration, and the principle of co-administration 2 . The development of regional autonomy, of course, some things become the leading indicators, namely the Equity and Improvement of Development in the Region, Improvement of Services for the Community, Optimization of Natural Resources, and Human Resources in the Regions. 3 The Village Government gets influence from the environment in the form of regulations and policies, resources, and local technology so that it becomes the input for the implementation of the Village Government in the form of development and funding programs as happened in the Village located in Kuningan Regency. The process of providing government services at the village level is carried out by village government apparatus and local institutions, or with assistance from parties outside the village. The process is carried out according to Law No. 6 of 2014 4 concerning Villages. Expected outcomes are clear boundaries of towns and areas, results of facilities and infrastructure, the fulfillment of primary or basic needs, conclusions of economic ventures, revolving funds, social assistance and grants for poor people, village government services, various social activities that increase community knowledge, attitudes and skills. The benefits that can be drawn from these results include an increase in the effectiveness of the village government to accelerate and improve access and quality of village government services to the community, accelerated village development, community empowerment, community institutional development, and security and order stability. Sustainable benefits produce the expected impacts in the form of improving the quality of life, life, and welfare of the community, and reducing poverty as well as achieving self-reliance, village income, and village competitiveness. 5 2 Sunarno, Siswanto. (2009)

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As a legal community unit that has an original arrangement based on exclusive rights of origin. The rationale for village governance is diversity, participation, genuine autonomy, democratization, and community empowerment. 6 In Article 48 of Government Regulation No. 43 of 2014 7 concerning Regulation of Implementing Law Number 6 of 2014 concerning Villages, in carrying out the duties, authorities, rights, the village head is obliged to submit a report on the implementation of the Village Government at the end of the budget year to the Regent/Mayor, submit a report on the implementation of the Village Government at the end of the term position to Regent/Mayor, submit written statement of information to the Village Consultative Body at the end of each budget year.
Furthermore, as referred to in Article 51 of Government Regulation No. 43 of 2014 that the village head submits a report on the implementation of the Village Government, and Article 48 letter (c) that at the end of the fiscal year to the Village Consultative Body in writing no later than three months after the end of the fiscal year. The report on the implementation of the Village administration, as referred to in paragraph 1, shall at least contain the implementation of the Village regulations. From the description, it is clear that the Village Consultative Body has a strategic role in participating in overseeing the use of the Village funds so as not to be misused. In addition to being with the Village Consultative Body, according to the law that the village head is assisted by the village apparatus.
The village apparatus is appointed by the village head after consultation with the subdistrict head on behalf of the Regent/Mayor, in carrying out their duties and authorities the Village apparatus is responsible to the village head. The village apparatus is appointed from villagers who meet the requirements because the village administration's tasks are so heavy, the village apparatus must have sufficient capabilities to be able to support the village head in running the government and development.
The village government is obliged to carry out government tasks in accordance with its authority. In Article 18 of Law No. 6 of 2014, it is stated that the Village's jurisdiction includes the body in the administration of village governance, implementation of village development, village community development, and empowerment of village communities, based on community initiatives, fundamental rights, and village customs. To carry out these tasks, it is necessary to have an adequate organizational structure and Village apparatus to be able to hold the government well. Thus the current organizational structure of the village government needs to be developed following the need to carry out the mandate of the Village law. The village apparatus as referred to in Article 48 shall be appointed from the villagers who fulfill the requirements: Further provisions regarding the Village apparatus, as referred to in Article 48, Article 49, and Article 50 paragraph (1), are regulated in District/City Regional Government Regulations based on Government Regulations. Still, in reality, many Village apparatuses are not following existing regulations or are applicable and assumed at the research location of this article, this raises many problems from the sharing of the community asking for transparency from the village regarding the appointment of the village apparatus.
Whether in this way will have a good effect on the town or even create new problems for the city and the community, this will only consume energy that is actually more needed by the village community to escape from the snares of poverty and the economic crisis of the village. Based on the background that has been described above, in general, what will be discussed in this article are as follows: What is the arrangement of the principle of openness in the appointment of the Village apparatus in Kuningan Regency? And How is the implementation of the policy of transparency in the election of the right Village apparatus in Kuningan Regency?

METHOD
The method of approach used is empirical normative and sees the law as a symptom of society as a social institution or behavior that shapes and approaches from the standpoint of the rules of implementing the applicable regulations in the community. Article 1 Paragraphs (2) and (3)  6) collusion, corruption and nepotism, receiving money, goods, and/or services from other parties that can influence the decisions or actions that will be taken; 7) becomes a manager of political parties; 8) become a member and/or administrator of a prohibited organization; 9) concurrently a position as chairman and/or member of the Village Consultative Body, members of the People's Representative Council of the Republic of Indonesia, the Regional Representative Council of the Republic of Indonesia, the Provincial Regional Representative Council or the Regency/City Regional People's Representative Council, and other positions determined in the legislation invitation; 10) participate in and/or be involved in general election campaigns and/or regional head elections; 11) breaking oaths/promises of village apparatus; and 12) leave assignments for 60 consecutive working days without apparent reason and cannot be justified 2) Statement of loyalty to God Almighty made by the person concerned on

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c. Co-administration tasks, in addition to the local government which has the right to regulate and manage household affairs, can also be co-administered which is a task to carry out the affairs of the central government or the local government which has the right to regulate and manage the household level of its superior. In the assistance task, the relevant local government has the authority to regulate and administer it is limited solely to the administration. In Article 1 No. (9)

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Legal certainty is a question that can only be answered normatively, not sociology. 24 Law as a norm system whose statements emphasize the supposed ideal or das sollen aspects, by conveying some rules about what must be done. Norms are born as a product and deliberative human action. Laws that contain general rules are a guideline for individuals behaving in society, both in relationships with fellow individuals and in relation to society. The rule becomes a limit for the community in burdening or taking action against individuals, then the existence of the rule and the implementation of the rule raises legal certainty. 25 The legal theory used in analyzing this paper is the theory of legal certainty, namely regarding a particular (condition), provisions, or provisions. The law must be absolutely specific and fair, certainly as a guideline of conduct and fair because the code of conduct must support an order that is considered reasonable. Only because it is appropriate and carried out with certainty the law can carry out its functions. Normative legal certainty is when specific regulations are made and promulgated because they regulate clearly and logically, clearly, in the sense of not raising doubts and logical.
Clearly, in the sense that it becomes a norm system with other norms so that they do not clash or cause norm conflicts. Legal certainty refers to the implementation of transparent, permanent, consistent and consistent laws whose application cannot be  1) Legal factors. The law functions to achieve justice, certainty and expediency. In practice in carrying out law in the field there are times when there is a conflict between legal certainty and justice. Legal certainty is concrete tangible, whereas justice is abstract so that when a judge decides on a case by applying the law alone, there are times when the value of justice is not achieved. So when seeing a problem about the law at least justice is a top priority. Because law is not merely seen from the perspective of written law.
2) Law enforcement factors. In the functioning of the law, the mentality or personality of law enforcement apparatus an important role, if the rules are good, but the quality of apparatus is not good, there is a problem. During this time there is a strong tendency among the public to interpret the law as an officer or law enforcer, meaning that the law is identified with the real behavior of the officer or law enforcer. Unfortunately in carrying out their authority, problems often arise because attitudes or treatments that are seen as exceeding the authority or other actions that are considered to fade the image and authority of law enforcement. This is due to the low quality of the law enforcement apparatus. what is considered bad (so avoided). Therefore, Indonesian culture is the basis or underlying customary law. Besides that also applies written law, which is formed by certain groups in society who have the power and authority for it. The law must be able to reflect the values that form the basis of customary law, so that the law can be actively applied. 5) Cultural factors, namely the culture of the local community that influence the process of recruiting village apparatus. In connection with this research, cultural factors that influence the recruitment process of the village apparatus in Cileuleuy Village, Cigugur Sub-district, Kuningan Regency are feeling of insecurity, as many villagers do not want to become village apparatus because they feel they are less capable. Insecurity can make a person unsure of his abilities so it is difficult to explore and bring up his potential. This makes it difficult for people to develop because they themselves do not want to develop in accordance with their potential.

CONCLUSION
Based on the discussion, it can be drawn some conclusions that are also the core of has not been able to carry out its functions to the maximum; the use of social media or the internet is not yet used to socialize the recruitment of village apparatus; community attitudes still use the traditional mindset, customs, community habits and education, the majority in the basic education category; and cultural factors where the community tends to feel insecure about being a village apparatus because they feel less able.

SUGGESTION
Based on the conclusions that have been described, the researcher submits several suggestions for related parties as follows: The community must actively participate and cooperate appropriately by participating in activities carried out by the village government, including in the process of appointing village apparatus. The village government needs to conduct broader and more comprehensive dissemination related to the operation of selecting village apparatus through print and electronic media so that the community can obtain sufficient information about the implementation of village apparatus recruitment.
Besides, it is necessary to avoid a familial/kinship approach in the process of appointing village apparatus. The Regional Government must strive to conduct training and outreach activities to the community related to their roles and participation to increase their confidence and quality in the administration of fair and prosperous village governance.