Village Administration in Indonesia: The Unconstitutional Lowest Administration

Since Indonesia's independence village governance arrangements have not completed. Heretofore the position of village administration still outside of the government system. Village is still positioned as a community that dominated of State and given the task of governance like the village in the Dutch colonial era under the IGO 1906. Chapter VI of the 1945 Constitution Indonesian (UUD 1945) Article 18, 18 A and 18 B arranged regional government consists of ordinary local government and asymmetric/ extra ordinary local government. Asymmetric/ extra ordinary local government consists of three forms: 1) Specific local government (Article 18 B, paragraph 1); 2) Special local government (Article 18 B, paragraph 1), and 3) traditional communities along with their traditional customary rights (article 18 B paragraph 2). The village administration is more appropriate in the setting article 18 B paragraph 2: traditional communities along with their traditional customary rights. To evaluate whether the village is currently under arrangements entered in Article 18 B paragraph 2 do a research in Wilalung Village, Demak, Central Java. Data obtained through observation, in-depth interviews, focus group discussions and literature study. This study found that the Village is currently not a village as governed by Article 18 paragraph 2 of the Constitution of 1945. This Village administration in Indonesia is not a formal unit because the State only gives the duties and obligations to it without giving its rights as a state institution. This is the continuation of colonial Dutch government politics under IGO 1906. Therefore, the village must be reconstructed and be placed as part of a formal local government