STRENGTHENING OF DECENTRALIZATION AND GOVERNMENT ADMINISTRATIVE SERVICES AT INDONESIAN BORDERLANDS AND OUTMOST ISLANDS (STUDY ON DIVISION OF DISTRICT IN EASTERN SERAM REGENCY-MALUKU PROVINCE)

In the time of Law No. 5 of 1974 was in effect, considering that district is a government administrative region in order to implement the principle of deconcentration, formation of district was enacted by Decision of Minister of Home Affairs. In the time of Law No. 22 of 1999, formation of district was sufficiently done by Regional Regulation, referring to Article 66 clause 6 of Law No. 22 of 1999. There is new change related with policy of the formation of new district according to Law No. 32 of 2004, which is stated in Article 126 clause (1) that: “District is formed within the region of Regency/City by Regional Regulation guided by Government Regulation”. In Article 4 clause (4) of the law, it is stated that division of a region can be carried out after certain minimum period of government administration. In the Explanation of Article 4 clause (4), it is stated that minimum period of administration for a new district to be formed is 5 (five) years. District is formed within the region of regency/city by Regional Regulation guided by Government Regulation. Formation of new district can be as division of a district into 2 (two) or more districts, and/or merger of administrative villages and/or subdistricts from other districts into one new district. Formation of district must meet certain administrative, technical, and regional physical conditions. Regency/city government can form a district in a region that cover one island or more, which requirements are exempt from administrative, technical, and regional physical conditions considering effectiveness of services and empowerment for people in remote and/or outmost islands. Formation of district should first receive approval from regent as the agent of government.