Perubahan PertanggungJawaban Gubernur dalam Penyelenggaraan Pemerintahan Daerah Berdasarkan UUD 1945

Abstract

All of the constitutions which existed in Indonesia made democracy one of their prominent principles but not all of the constitutions had influenced the democratic political configuration. It means that a constitution which clearly embraces democraticism can also be through a non-democratic political configuration or authoritative and, even under the same constitution, different political configuration can be established depending on its paradigm. The paradigmatical change of governor's responsibility is caused by the external and internal factors as the impacts of the reformation occured in 1998 and the international globalization leading to the establishment of local/regional government through the change from the concept of government into the concept of governance. Governor's responsibility desired by the post-reformation 1945 Constitution is the one with the paradigms of legitimation, accountability, public, control, transparency, and community service. In the future, governor's responsibility should have phylosophical, juridical and political (sociological) paradigm, not only a formal responsibility. What is important is that the governor's responsibility must be materially and substantially based on constitution, constitutional state, and people's sovereignity that it can serve and empower the public. The purpose of this analytical descriptive study with normative juridical and sociological juridical approaches is to study and analyze the background of the change of paradigm of governor's responsibility as a legal base used to control the implementation of local/regional government system before the era of reformation, at present, and in the future and to study and find out a constitutional paradigm that can be used as a basic reference in terms of the governor's responsibility which is based on the 1945 Constitution as well as to find out a model or basic framework of the constitutional governor's responsibility in a unitary state. The data for this study were collected through library and field researches and the data obtained were analyzed using the legal qualitative approach. The result of this study shows that the paradigmatic change of governor's responsibility was caused by the change of the basic concept of central and local/regional government relation found in the 1945 Consitution especially the one on local/regional government regulated in Article 18 of the 1945 Constitution. Constitutionalism on the empowerment of a region and its people becomes clearly shown as the form of people's demand in the reformation of Indonesian state structure to achieve welfare and justice. The demand for new paradigm in the governor's responsibility was caused by the push of the people living in the regions to obtain welfare and the situation and condition of international globalization. The people living in the regions demanded a bigger role following the growing process of democratization that provides a very strong base for the regional governments to implement the development based on their own community-based initiatives because this initiative can be the base of the program and government planning that make the

expectation and aspiration of the people in the regions are really bottom-up in nature. The concept of governor's responsibility in the future must be based on the 1945 Constitution encouraging the idea of democracy (people's sovereignity) and the idea of nomocracy (law supremacy) and the idea of responsibility to public especially to God that a governor who is a statement can be born. It is expected that the regulation on the governor's responsibility in Indonesia be explicitly included in the articles related to local/regional governments in the 1945 Constitution, new regulations in the forms of laws on the responsibility of Governor, Head of District/City Mayor be made or the substances of the articles related to the head of provincial, district/city governments in the laws on local/regional government be added in order to prevent a regime of specific government with its legislative members from making their own policies and including them into the law on local/regional government. It is also expected that the new paradigm of postreformation governor's responsibility can make the welfare provided by the central government a service to the people in the regions which is distributed through the governor in his/her capacity as the representative of central government (principle of deconcentration) as well as the local person trusted and chosen by the people (principle of decentralization). It is also expected that the concept of responsibility of the governor who is a stateman can be materialized if the regulation of governor's responsibility is clearly and resolutely regulated in the 1945 Constitution because the governor position is not only a head of province but also a head of region that functions as the mediator as well as coordinator of national and regional interests that can strengthen the principles of the unitary state of Indonesia as stated in the 1945 Constitution.