PENYELENGGARAAN URUSAN PEMERINTAHAN KONKUREN BIDANG PERINDUSTRIAN DALAM KERANGKA OTONOMI DAERAH PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH

Abstract

This study examines the redistribution of authority over concurrent government affairs in the industrial sector between the central government, provincial governments, and district/municipal governments following the enactment of Law Number 23 of 2014 on Regional Government. The division of responsibilities introduced by this law differs substantially from the provisions of Law Number 32 of 2004 on Regional Government and the mandates of the sectoral law, Law Number 3 of 2014 on Industry. These changes have significant implications for the administration of industrial affairs, both at the national level through the Ministry of Industry and at the regional level through local industrial agencies. The research aims to analyze the implementation of concurrent government affairs in the industrial sector within the framework of regional autonomy and to assess the legal effectiveness of such administration in achieving the objectives of national industrial development. The analysis draws upon the Theory of Regional Autonomy and the Theory of Legal Effectiveness. Employing normative legal research, this study adopts statute, historical, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials are examined to interpret the legal issues and to derive conclusions relevant to the research questions. The findings reveal that the implementation of concurrent government affairs in the industrial sector under Law Number 23 of 2014 presents distinct legal challenges, particularly due to discrepancies between the sub-affairs delegated to regional governments under this law and those stipulated in Law Number 3 of 2014 on Industry. Moreover, the legal effectiveness of administering concurrent industrial affairs within the framework of regional autonomy remains limited. Contributing factors include inadequate infrastructure and facilities, insufficient law enforcement, and weaknesses within the legal framework itself, all of which hinder the realization of national industrial development goals.