Kewenangan Kecamatan yang Berada di Wilayah Perbatasan Negara dalam Mengelola Kawasan Perbatasan (Studi di Kecamatan Ketungau Tengah dan Hulu, Kabupaten Sintang, Provinsi Kalimantan Barat)

Abstract

Since the enactment of Law of the Republic of Indonesia No. 43/2008 on the Territory of the State, all areas of Indonesia that are directly adjacent to neighbouring countries, especially in the land part of the state territory, are referred to as border areas, and these border areas are determined to be located in sub-districts. Currently, the condition of the sub-districts located in the border areas of the country is still not improving. This research was conducted to analyse the management of border areas from the aspect of institutional authority, especially the sub-district as a regional apparatus organisation in the government structure in the regency / city with the formulation of the problem: why is it important to need the authority of the sub-district located in the state border area in managing the border area?; how is the implementation of the authority of the sub-district located in the state border area in managing the border area?; and how are the obstacles to the implementation of the authority of the sub-district located in the state border area in managing the border area? The research method used in this dissertation is normative research that is explanatory, descriptive and prescriptive with a normative juridical approach. The data used is secondary data supported by primary data. Data collection techniques to obtain secondary data were carried out through literature studies, while primary data collection techniques were carried out with field studies through interview guidelines as research tools. Data analysis is done qualitatively by using the theories in this research, then conclusions are made as a result of this research. The results of this study indicate that sub-districts located in state border areas in managing border areas require attributive and delegative authority to realise legal certainty, in order to quickly carry out legal actions, be able to control others and be able to realise good government which is carried out by carrying out legal actions or actions or referred to as CYP2KB (Catur Yuridis Pamong Praja Kelola Batas). The implementation of sub-district authority in state border areas in managing border areas, especially in the Ketungau Tengah and Hulu Sub-districts, Sintang Regency, West Kalimantan Province, has experienced juridical obstacles (discretion has not been exercised), non-juridical obstacles (facilities and infrastructure; and legal culture) and main obstacles (there is no accountability for the implementation of sub-district authority in managing border areas). From the results of the research obtained, it is suggested that sub-districts in the state border area should be made a special autonomous region as an administrative area so that the Camat can clearly and firmly perform legal acts or actions in order to manage the border area. In addition, the regulation of border areas contained in Law No. 43/2008 on State Territory, Law No. 23/2014 on Regional Government and Government Regulation No. 17/2018 on Sub-districts needs to be improved by containing clearly and explicitly the authority of sub-districts located in state border areas in managing border areas and the management of state border areas should be developed into Administrative Law of State Territory Border Management as a new course in the State Administrative Law family, because there is a special scope of discussion regarding the authority of the government in the state border area as a border government apparatus.