Jumat, 23 Agustus 2013

Critical Review of Regional Autonomy Policy In Indonesia

Critical Review of Regional Autonomy Policy In Indonesia
By  Irfan setiawan, S.IP, M.Si

A.      Preliminary
One result of reforms that should get a big award is a policy that guarantees a real implementation of regional autonomy and responsibility. Although decentralization is not new because it has gained attention since the early days of Indonesian rule, and even since colonial rule, but the ideal form and its implementation generated a lot of debate among scientists, politicians and public officials.
Basic implementation of regional autonomy in Indonesia can be traced within the framework of the constitution Homeland. In the 1945 there are two fundamental values ​​that is developed, and the decentralized unitary value. The basic values ​​embodied in the unitary view that Indonesia will not have any other governmental entity in which the nature of the State. This means that the inherent sovereignty of the people, nation and the Republic of Indonesia will not be divided among regional entities or local governments. Meanwhile, the basic values ​​embodied in the decentralization of governance in the region in each autonomous region with a submission or acceptance of authority as an autonomous region.
The basic values ​​embodied in the territorial decentralization of governance in the region in the form of autonomous regions. Attributed to two basic constitutional values, organizing decentralization in Indonesia is closely related to the pattern of division of powers between central and local governments. This is because the implementation of decentralization was always there are two important elements, namely the establishment of autonomous regions and legal transfer of power from central government to local governments to regulate and manage certain parts of government affairs.
for example,  In the reign of Sukarno, statements about the widest autonomy contained in the Law. 1, 1945, Law no. 22 in 1948, and followed later by Act No. 1 of 1957. Previous year also appeared the laws governing the financial balance between central and local government, namely Law No. 32 of 1956.
Then in the reign of Soeharto out of Act No. 5 of 1974 which confirms that regional autonomy is emphasized on the level II (now District). Furthermore, article 11 of this law states that the implementation of autonomy with an emphasis on the second level be implemented by loading the three main aspects, namely the administrative aspects, political aspects, and aspects of self-reliance, refers to the administrative aspects of equity and efficiency in governance and local development. Political aspect refers to the government's democratization efforts in the area, while the aspect of independence is intended to be capable of autonomous regions, particularly in conducting the affairs of the household so that local governments are required to create conditions in which people participate, creative, and innovative in the development area.
Some of the above illustrates how the issue of regional autonomy has long been debated in the governance of Indonesia, especially in the context of the relationship between central and local governments. However, the concept of the ideal set forth in their respective laws, especially Law. 5 in 1974 is a standard implementation of decentralization and regional autonomy in Indonesia during the New Order, not to be carried out as expected. This is because although the Act No. 5 of 1974 has given emphasis on Dati II as the basis for the implementation of regional autonomy, but in reality the central government and local government levels I still holding the reins of power significantly. The principle of decentralization should be the primary basis for implementing the principle of local autonomy is overshadowed deconcentration consequently centralism characteristic of the dye throughout the implementation of regional autonomy in the New Order.
While at this time, the issue of decentralization in the context of power relations between central and local finances are limited in distribution to the affected areas, and never touch the issue of power sharing (power sharing) as a necessary tool in growing areas of democratic development process, both between the central regions and between the bureaucracy with the community. Therefore, be no surprise that the issue of decentralization and autonomy remains an interesting issue to be discussed until now, especially, especially when the country economically and politically bankrupt due to the prolonged monetary crisis some time ago. This seems to be the right moment to push back the agenda of decentralization and regional autonomy in the administration of local government in Indonesia.
Strong of central government role in the implementation of regional autonomy raises some effect. First, the development fail to capture the aspirations, potentials and needs of the area. This happens because of the strong dominance of the central government so that policy makers failed to understand the aspirations and the dynamics that develop in the grass root level. In the end, the development carried out by the government failed to answer the issues that are in the midst of society because it is basically more government level that have an understanding of the problems and aspirations of the developing clearance in the locality. Second, centralized development has created a dependency on the central area. This is shown especially in terms of financing development projects undertaken by the government. There are at least four factors that make the region highly dependent on the central concerns of financing development projects, namely:
(1)    lack of a functioning regional companies as a source of income;
(2)    the high degree of centralization in the field of taxation. In this context, the central government's control of vital resources that are lucrative tax (income tax and the business sectors, value added tax and customs);
(3)    the effects of the second factor is the lack of local revenue sources are reliable;
(4) political factors. In this case, there is a central concern if the area were given greater power in terms of finance and revenue will come disintegration and separatism movement (Mudrajad Kuncoro, 1995: 12).
In fact, historically, such claims appear even when the areas were not given sufficient autonomy so that they feel are not given a significant role in managing development in the region. Third, many developing regions potential to be failed because the area is an important resource in support of regional development drawn to the center, and local governments only get a few of the results of local wealth. As a result, many regions are not satisfied with the condition giving rise to the formation of the insistence of their own territorial government out of RI. Irian Jaya and Aceh can be used as an example to explain this. In other words, the pattern of central-local relationship that developed during the New Order government, seen as an exploitative relationship or pattern of any author who says the new forms of neocolonialism Jakarta to the regions in Indonesia. Fourth, finally, centralism has created a homogenization and dominance in regional development. The strong influence of Jakarta, or in this case of Java, has made regional development that is run during the New Order can not be separated from the central bias. Areas do not have enough space to maintain the uniqueness of the region.
B.       The essence of decentralization
Decentralization at the moment the delivery of government has become the principle universally accepted by various forms of applications in each country. Acceptance of the principle of decentralization in governance due to the fact that not all matters can be implemented in a centralized government, considering the geographical conditions, complexity community development, social structure and cultural diversity of local as well as the demands of democratization in governance (Prasojo, Maksum and Kurniawan, 2006).
Further Prasojo (Module Lecture; 13-14) explains that the goal of decentralization is the political and administrative character, the political goal is closely related to the realization of democracy and strengthening the participation of local, while the objectives associated with the creation of administrative efficiency and effectiveness in governance and development. Decentralization teach the local politicians to use of power, and specificity of existing risks in local government. This is a discussion of political development. Thus, the principle aim of decentralization is to achieve a political understanding that is more oriented to local conditions. Local communities, decentralization opens up the opportunity to elect their representatives who have the competence and prevent the entry of local elements of a corrupt, creating effective governance, links between income and expenditure and to think about the future of local communities in accordance with the needs and potential. The selection at the level of local government and political processes that occur at the local level clearly gives more complete information to local communities about anyone and what is and will happen. Opportunities for political participation would be wide open through regional representatives. Political education is a function of the expansion of institutions and social processes at the local level.
C.      Critical Review
From the article above, it is clear how the need for a regional autonomy is done, the people longed for the existence of an independence that is given to them to be eager to develop the natural resources they have, because they are more aware of things what is best for them. But besides that, we do not turn a blind eye to the presence of a few things to consider, with the implementation of this system opens opportunities as possible for officials / politicians (which is not true) to pull through corrupt practices.
The negative impact of the decentralization process is not one or two cases only in an area, this impact is even more complex on the implementation of governance in the region, how many of the regents of the party cadres who looks a legal case. And it can not deny, the reality in many areas of the budget occurs in a section or department and are mostly used for the nomination of the incumbent, so inevitably the implementation of activities carried out mostly fictitious or not, but only accounted for by the officers executing activities (www.tempointeraktif. com).
Then be said to create a cadre of potential local political parties. But the opposite happened, a cadre of political party wins the election and served as regent or governor in the next 1 or 2 years he'll put his family and colleagues to occupy a position in the bureaucracy of government and political parties. The aim is, first to maintain the continuity of his position as regent, or governor, so that at the end of the first term of office, officials may persist in the next election as the incumbent. Second, if unable to advance to the next election as an incumbent officer may carbide as well as his brother's wife or child to continue the term of office as the next regent or governor.
We all agree with the expectations that have been granted by the regional autonomy, but it's still a lot of hope into reality. The meaning of sacrifice is too expensive our colleagues at the time of reformation. While very little we can interpret the process of decentralization in the direction of the ideal. In fact legitimate when the old Regent replaced by new officers who notabenenya is the crown prince or his family, as the process through a system called the elections. But sometimes the academics do not see how that process occurs. The Process of acceleration start within the party or in the bureaucracy to be the choice of party cadres in the bureaucracy or the leaders then have the names and big money in an area.
On the administrative side, the decentralization process through Law No. 32 of 2004 was followed by the rules on transfer budgets and personnel transfers from central to local government instead made the employment of the coaching system in shambles. Many staffing process in bureaucratic positions that are inconsistent with the purpose of decentralization is to improve public services and to create efficiency and effectiveness of governance and development in the region. Process that many local government employees put through the system and close colleagues, for example teachers or doctors made subdistrict, made head of undergraduate engineering education.
Here are a few modes of corruption in the region in Indonesia:
1.       Procurement corruption: (a). Mark (mark up) the value of goods and services from market prices. (b). Collusion with the contractors in the bidding process.
2.       Elimination of inventory and assets of the state (land): (a). Bring the inventory office for personal gain. (b). Inventory to sell office for personal gain.
3.       Hiring illegal payments, payroll, keniakan rank, pension arrangements and so on. The mode: Charging an additional cost beyond the formal provisions.
4.       Cutting social grants and subsidies (schools, churches, orphanages and homes). The mode: (a). Social assistance funding cuts (b). Usually done in multilevel (per table).
5.       Fictitious aid, the mode: Make a written request as if there were fictitious aid from the government to outside parties.
6.       Misappropriation of project funds. The mode (a). Taking a government project funds outside the terms of the official. (b). Cut funding projects without sepengtahuan others.
7.       Physical fictitious project. The mode: Funds allocated in the official report, but the project physically nil.
8.       Manipulation of the proceeds of sales, revenue taxes, levies and dues. The mode: (a). The real amount of sales revenue, the tax is not reported. (b). Determination of revenue target
The negative impact of decentralization implementation mistakes made ​​national and local actors are not accompanied by improved policies quickly and accurately. Such as lack of clarity of accountability to the local head of the local community, which makes the forms of responsibility to the regional head of the public had become unclear. Because the position of the community in the process of enforcement of the principles of accountability and transparency of local government, do not set clear, so that the public will never know how the performance of local bureaucracy.
The basic values ​​embodied in the decentralization of governance in the region in the form of autonomous regions is closely related to the pattern of division of powers between central and local governments. This is because the implementation of decentralization, there are two important elements, namely the establishment of autonomous regions and legal transfer of power from central government to local governments to regulate and manage certain parts of government affairs. But forget the 3 things the government namely:
1.       Average education level is still below the degree of local communities. Thus causing the low participation of the implemented policy oversight of local bureaucracy.
2.       Failure of policy implementation in areas not located on the weakness in the legislated policy, but the lack of understanding on the implementation policy implementers
3.       Lack of effective dissemination of government towards the implementation of policies in the area so that stalled the implementation of the policy is not accompanied by improvement consulting and executive officers.
4.       Government policy is not accompanied by comprehensive supporting policies.

Apart from this, many research results that present obstacles and weaknesses of the regional autonomy policy is not seen as an input to build but is considered as an attempt to hamper the implementation of regional autonomy. Actually, hope to be achieved in the decentralization policy in Indonesia is for the national interests of main objectives, namely:
1.       to maintain and strengthen national integration,
2.       as a means of training for would-be national leaders, and
3.       to accelerate the achievement of the welfare and prosperity of the people. In terms of regional interests, the main goal of decentralization include, among others:
(a). to realize democratization at the local level (political equality, local accountability and local responsiveness),
(b). to improve public services,
(c). to create efficiency and effectiveness of governance and development in the region.
Thus it is evident that an instrument decentralization achievement goals within the framework of the unity of the nation state (national unity), democratic (democratic government). In the context of the 1945 Constitution, always be aware of the need to hold the balance between decentralization and the need to strengthen national unity. Currently our hopes on the government to improve the format of decentralization in the future.
D.     Conclusion
One result of the reform that we need to appreciate is the issuance of the Assembly on regional autonomy statutes that were followed by the issuance of Law No. 22 of 1999 was followed by Law No. 32 of 2004. Both of these laws will be the basis for the implementation of the principle of decentralization and regional autonomy in Indonesia. Although autonomy
area is not a new thing that is discussed in the government system of Indonesia, but because from the beginning until now still not carried out consistently the issue of autonomy is still interesting to discuss.









REFERENCES

Eko Prasojo, 2012, Basic Concepts of Decentralization and Local Government, Module lectures, Depok, Fisip UI.

Prasojo Eko, Ridwan Irfan Maksum and steadfast Kurniawan, 2006, Decentralization and Local Governance: Local Democracy Between Model and Structural Efficiency, Depok, Department of Administration UI Fisip.

K. A. Paturusi, et al, 2009, Essence and Urgent Regulations Implementing the Local Autonomy, Makassar, Unhas.

Mudrajad Kuncoro, 1995, "Fiscal Decentralization in Indonesia: Dilemmas of Autonomy and Dependence", Prisma 4, April 1995.


Tempo magazine, "Decentralization of Corruption Through Regional Autonomy" Thursday, November 4, 2004 (www.tempointeraktif.com)

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