Historical-Juridical Interpretation of Article 26 Paragraph (4) Letter D of Law Number 6 of 2014 concerning Villages: Study of the Position of the Village Head as Enforcer of Legislation

Abstract

According to the provisions of Article 26 Paragraph (4) letter d of Law No. 6 of 2014 concerning Villages, the village head has a role as enforcer of laws and regulations. This term is indeed somewhat blazed, moreover the rearm enforcer here seems to place the position of the Village Head as well as law enforcement in general. This study aims to explain normative-conceptually the meaning an enforcer of these laws and regulations. This is normative research with a historical approach, the normative understanding here is not an such of legislation but also in value through its historical side as a volkgeist. The results showed that the village head had a very important role and position in village life in the era of the Dutch East Indies Colonial Government can no longer be doubted that it as fact. Then, based on the provisions of these regulations, the position of the village as enforcer of laws and regulations must be distinguished from law enforcers in general. The legislation here if interpreted based on Law No. 12 of 2011, the authority of the village head will be too wide, thus the laws and regulations here can be interpreted as limited to those that are under the authority of the village head, such as village regulations.