POLITIK HUKUM PEMANGKASAN DANA DESA DAN IMPLIKASINYA TERHADAP PRINSIP KEADILAN SOSIAL

Abstract

The Village Fund Policy is a state instrument in realizing village-based national development as mandated by Law Number 6 of 2014 concerning Villages. The Village Fund was designed as a form of state affirmation for villages that have experienced development inequality for years. However, in practice, the policy of cutting or reducing the allocation of the Village Fund resulting from changes in national fiscal policy, budget refocusing, and state economic pressures has created serious problems for the direction of the legal politics of village development. This study aims to analyze the legal politics of cutting the Village Fund and its implications for the principle of social justice as contained in the fifth principle of Pancasila and Article 33 of the 1945 Constitution of the Republic of Indonesia. The study uses a normative juridical method with a legislative approach, a conceptual approach, and a philosophical approach. The sources of legal materials consist of primary legal materials in the form of laws and regulations, secondary legal materials in the form of books, journals, and scientific articles, and tertiary legal materials in the form of legal dictionaries and encyclopedias. The results of the study indicate that the cutting of the Village Fund in legal politics indicates a shift in the state's orientation from the welfare state concept to a more centralized and pragmatic fiscal approach. This policy has hampered village development, increased social inequality, weakened village community empowerment, and potentially violated the principle of distributive justice. Therefore, fiscal policy regarding Village Funds should maintain villages as the primary subjects of national development by strengthening the principles of fiscal decentralization and social justice.

Keywords: Legal Politics, Village Funds, Social Justice, Welfare State, Fiscal Decentralization..