LEGALITY OF USING VILLAGE FUNDS FOR HEALTH DEVELOPMENT AND PREVENTION CORONA VIRUS DISEASE 2019 (COVID-19)

Abstract

Village funds are very much needed by the village community for the development and empowerment of the village community in accordance with the mandate of Undang-Undang Number 6 of 2014 concerning Villages. The Village Fund can be used in health development activities and can also be used to overcome Corona Virus Disease 2019 (COVID-19). During the COVID-19 Pandemic, Undang-Undang of the Republic of Indonesia Number 2 of 2020 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2020 has been enacted which in article 28 paragraph 8 states that Article 72 paragraph (2) along with its explanation in the Undang-Undang Number 6 of 2014 concerning Villages is declared invalid as long as it is related to state financial policies for handling the spread of Corona Virus Disease 2019 (COVID-19) and/or in the context of dealing with threats that endanger the national economy and/or financial system stability. The research method that has been used is a normative juridical approach research method. The results of the research obtained are that the Village Fund for Health Development and Corona Virus Disease (COVID-19) management is in accordance with the provisions of the legislation in force in Indonesia. However, the enactment of Undang-Undang Number 2 of 2020 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2020 in Article 28 paragraph 8 Attachment to Law Number 2 of 2020 has legal consequences for Article 72 paragraph (2) along with its explanation of the Undang-undang Number 6 of 2014 so that there is no legal certainty for the Village Fund. The legal certainty is questioned because a) the Article related to the Village Fund itself does not apply, b) it is not in sync with Article 2 paragraph (1) letter i of Attachment to Undang-Undang Number 2 of 2020, and c) the period of validity is unclear.