REGIONAL AUTONOMY AND
NATURAL RESOURCE MANAGEMENT
NATURAL RESOURCE MANAGEMENT
By Irfan setiawan,
S.IP, M.Si
Abstrack
This
paper aims to analyze the relationship of regional autonomy for the management
of natural resources in the area. The implementation of regional autonomy still
have problems caused by the unwillingness of the central government to give broad
authority to local governments. The local government may formally mandated to exercise
authority, but there are still many restrictions and barriers to exercise these
powers. In this case there are still shadows of the bureaucratic chain of
command from top to bottom in a vague but real effects. Both may have been
valid in the autonomous region, but the local government itself does not effectively
use the authority that has been delegated. It can be seen from the inability to
make good planning, monitoring the progress of implementation has no government,
failed to make a balanced budget plan that led to the persistence of dependence
on financial assistance from the central government.
A. Preliminary
Determination
Act No. 32 of 2004 on Regional Government and Law No. 33 of 2004 on Financial Balance between Central and Regional Government,
a consequence of the provision of financial resources proportional to the number of service activities in the local government. The
size of the amount of funds
required, highly dependent on the
size of the area, the geographic,
population, population density, the complexity of the needs of residents as well as other things that influence the socio-economic growth of the area. In other words, the greater the area of
a region, the population and the
increasing needs of the community,
the greater the funds needed to finance the government
in the provision of public good (Sidik, 2001 : 1).
There are strong
correlation between the financial resources of governmental activities
essentially hints that setting financial balance between central and local
governments can’t be separated from the problem the division of authority
between levels of government should be clearly defined. Sharing arrangements
such authority has been established by Government Regulation No. 38 of 2007 on
Government Authority and Provincial Authority as an Autonomous Region. The
authority set forth therein provinces, basically an attempt to limit the powers
and authority of the provincial government as an autonomous region, because the
provincial government is only allowed limited autonomy organize activities set
out in the regulations.
The authority of the
province in accordance with his position as an autonomous region includes the
implementation of self-government authority that is cross county / city and
other areas of governmental authority, while the authority of the provinces as
administrative areas for the implementation of deconcentrated government
authority to the governor. The authority districts / cities are not set in
government regulation, as Law No. 32 of 2004 has essentially put all the powers
of government in the district / city, except for the authority as stipulated in
Government Regulation No. 38 of 2007.
The implementation of
decentralization as a form of regional autonomy also cause problems in the
financial balance between central and local government, in which the duties and
powers of each level of government requires financial support. Fiscal balance
between central and local governments are ideal if each level of government can
be independent in finance to fund the implementation of the duties and powers
of each. This means that the source of income itself becomes the main source of
income, or in other words, subsidies from higher levels of government to be a
less important source of revenue.
The economic potential of the region is
crucial in order to increase the
financial capacity of the region for
the implementation of the household. In fact many found that
the burden of work
to be done by the local unbalanced or inconsistent with the conditions and the financial situation of the region itself.
The problem is how to create policies and programs
to develop the potential to
increase the financial capacity of the area, so that local
autonomy can be implemented.
Too much stress on regional initiatives
will spur a sharp
inconsistency between regions and stimulate the implementation
of the authority lapses, otherwise too much central
direction will be able to turn off local initiatives. The decision apparently is not always easy to
be formulated is to create a balance between central
direction and local
initiatives, among standard/national
targets and different needs/services
(public goods) each region.
There is also the
challenge that comes from the country that affect natural resource management
policies, namely the economic crisis that led to the bankruptcy of companies
and industries in particular who tapped natural resources as raw materials. The
economic crisis was soon followed by a political crisis marked by the collapse
of the New Order government which gave birth order reform. Order reform that
brings the dawn of renewal willed order of the political, social, economic
truly democratic and equitable use of natural resources in line with global
demand.
In the financial area,
a common phenomenon faced by most local governments in Indonesia is relatively small
role of local revenue in the budget revenue
and expenditure (budget). In other words, revenue sources are relatively large
in general managed by the central government, while the revenue sources are
relatively small managed by local government, so that the role of government
revenues coming from as grants, general allocation fund budget is dominated
configuration .
Implementation of Law
No. 32 and No. 33 of 2004 should provide more flexibility to local governments
in making a policy development and in managing natural resources, so that the
region has the opportunity to earn a decent part and proportional results. To
support local government funds, usually the central government always transfer
funds are grouped into two parts, namely the form of the full transfer (full
matching transfer) and the transfer of supporting selective (selective matching
transfers). Full transfer is defined as a form of transfer is given to fund a
full program, can form general help and assistance. Further supporting
selective transfer form or a cost-sharing program is a form of transfer
function only as a supplement to the source of funds owned by the receiving
areas, but the allocation has been assigned to a particular program. Source of
fund balance is expected to be a fund balance in the financing of local government
administration. Model or formula whatsoever and howsoever transfer form is
expected to reflect aspects of the income distribution for each region, in
addition to consideration of the aspect of justice for those who have the
natural resources are quite large.
B.
Discussion
The implementation of
regional autonomy, which refers to Act No. 32 of 2004 on regional government
and Law. 33 Year 2004 on the Fiscal Balance between the Central Government and
local governments, states that the implementation of regional autonomy
presupposes the existence of a fiscal balance between central and local
government, which is a system government financing in the framework of the
Unitary State of the Republic of Indonesia which include financial division
between regions in proportion, democratic, fair, and transparent with regard to
the potential, conditions and needs of the region.
In order to create the
region's autonomy, local government revenue
to be a very important factor which will be a source of revenue from the
fund itself. However, reality shows that local government revenue is only able
to pay the highest local government spending by 20% (Kuncoro, 2007:2).
Dependence of local governments to the central government is still quite high.
If the government is too much emphasis on the acquisition of local government
revenue, then society will be burdened with various taxes and levies with the
intention of " target achievement". Exploitative attitude can be
burdensome to the community because the community has burdened the national tax
specifically land and building tax, Income Tax, Value Added Tax and luxury
sales), Stamp Duty, Customs Acquisition Rights Land and Building.
According to Law No. 33
of 2004 that in order to finance the implementation of decentralization, the balance
of funds allocated to the region that consists of the area of property tax
revenue, customs acquisition of land and buildings, natural resource revenues,
the general allocation fund and special allocation funds. For the areas that
have the potential for a lot of natural resources, then logically the potential
sources of financing will be greater than areas that have little natural
resources. But be aware that natural resources are mostly (especially mine
excavation) is a regional financial resources are limited and non-renewable
exploitation (unrenewable), so sooner or later sources will be exhausted.
The natural wealth
contained a very likely potential to be used as a productive
resource-effective. The objectives are:
1. develop
a simple economic model that uses the input of natural resources in the
production process;
2. identify
the conditions that must be met in order for the utilization of natural
resources over time becomes economically efficient;
3. determine
the pattern of utilization of natural resources over time are optimal from the
point of view of social welfare;
4. knowing
the characteristics optimal allocation of natural resources;
5. identify
important parameters determine kosumsi sustainable opportunities for long
periods of time.
With decentralization,
local government is expected to accelerate the improvement of social welfare to
implement and realize the management of natural resources is better because the
decision makers are and closer to the local community. local government
considered to be more aware of problems and needs of the community in its own
compared to the central government. Thus, decentralization will create a more
participatory development, increased equity income from the local community and
natural resource use is also expected to be more responsible in the application
of sustainability principles in the management of natural resources and
environment in the region. Nevertheless, there are some disadvantages of
decentralization that may cause irregularities;
1.
if it is not accompanied by the
authority and responsibility in the management and support capabilities in
institutional capacity
2.
tendency
to increase local revenue lead to
depletion and unsustainable use of natural resources.
3.
externalities that arise not only harm
one sector or region itself but causes harm beyond the multi-sectoral and
administrative boundaries of an area to provide a range of different regional
and national.
For example, deviations from the
decentralization process is the emergence of uncontrolled freedom of local
governments, including in the form of utilization of natural forests within
their administrative areas. Feeling the authority and driven by the desire to
earn more high and increase local government revenue, the government then tried
to exploit the potential of the forest resources in their respective regions.
Forest resources selected to be presented here because the forest is a
strategic resource. Utilization and management affect the quality and
utilization of natural resources.
Damage to forests
provide far-reaching consequences on water resources, agricultural
productivity, and bring the threat to the environment which is not limited to
the administrative area where the forests are located. Cases of forest degradation
in the era of regional autonomy, the most prominent and widely prevalent in
Indonesia, including in South Sulawesi Province. With the issuance of Government
Regulation No.38 of 2007 which among other things set up authority and the
authority of provincial government as an autonomous region in forest
management, began a new era that is expected to describe the implementation of
forest management within the framework of the implementation of Law no. 32 of
2004.
The duties and authority of forestry affairs regulated in this Government Regulation.
Thing that stands out from the Government Regulation
is that to prepare
and adopt standards and criteria.
While the provincial government tasked to prepare guidelines for the
implementation of management at the district level. Besides, the provincial
government shall carry out the monitoring and protection of forest areas across
the district.
But still seems to need
more and more various regulations that are more specific and detailed (Government,
Presidential, decree or regulation) to describe how the operational technical
Law. 32 of 2004 and Law no. 33 of 2004 and its laws related to forestry (Law
no. 41 of 1999) that provided the legal basis for the implementation of
decentralization that is clear and does not contain a lot of different
interpretations. This is emphasized because many institutional and
implementation raises contradictions use and management of forest resources in
the area. Some of the deviations among others:
1. placement
of the staff or employees and assets of the agency disbanded or merged.
Employees who have more technical skills accumulate at the provincial level. In
the area of professional shortages exacerbated by recruitment by the local
officials who do not have the educational background of forestry.
2. roles
and responsibilities of the agency or agencies in the area (province and
district) overlapping, inconsistent, or contradictory.
3. disputes
and conflicts on the allocation of forest land use.
4. growing
and uncontrolled encroachment and illegal logging.
In the actualization of
the implementation authority contained in the 2004 regional autonomy law
occurred a few things that are distorted and deviate from the objectives of
forest management and utilization. For example, just as happened in East
Kalimantan in 2005 where the district gave permission businessmen scale forest
no more than 100 ha. In Papua, also issued a small-scale logging permits that
result in uncontrolled logging also tends to destroy.
Until now, despite the
ban, such practices still go on. Many things can cause this problem include the
differences in the interpretation of central and local authorities as well as
the limitations of human resources where the officers who have technical skills
and management are still stacked in the government offices. The study,
conducted by the Center for International Forestry Research (CIFOR) in
collaboration with the Department of Forestry, Faculty of Agriculture and
Forestry UNHAS (CIFOR and UNHAS Forestry Department, 2006) reveals some of the
effects that occur in forest management issues at the beginning of the era of
regional autonomy in the North Luwu and District Mamuju. From the results of
the study revealed that there are various ambiguities of authority delegated to
the district as well as any difference of interpretation between the provinces
and districts in the interpretation of legislation related to the autonomous
region.
In
many cases occur which
tend to favor the interpretation
of each level of
government. The district government quickly welcomed the
enactment of regional autonomy by
making rules that benefit themselves and the region
on the other hand the continuous central government is still reviewing the
regulations that may limit the movement of the regional regulations. The discussion in the House of local Representatives
about local regulation
is sometimes hampered by the release of the higher laws that will be used
as reference have been amended. The
other thing that was found from
the study is the complaint
in issue less
allocation of fair balance and falling budget
is not timely.
From the results of the
study revealed that there are various ambiguities of authority delegated to the
district as well as any difference of interpretation between the provinces and
districts in the interpretation of legislation related to the autonomous
region. In many cases occur which tend to favor the interpretation of each
level of government. The district government quickly welcomed the enactment of
regional autonomy by creating a favorable local regulation him and on the other
hand the central government is still reviewing the continuous regulation may
restrict the space of local regulation. From this research, it was revealed
that there are various ambiguities of authority delegated to the district as
well as any difference of interpretation between the provinces and districts in
the interpretation of legislation related to the autonomous region. In many
cases occur which tend to favor the interpretation of each level of government.
The local government quickly welcomed the enactment of regional autonomy by
creating a favorable local regulation and on the other hand the central
government is still reviewing the continuous regulation may restrict the space local
regulation.
The discussion in House of local Representatives
about the local regulations are sometimes hampered due to the release of the
higher laws that will be used as reference have been amended. The other thing
that was found from the study is the complaint in issue less allocation of fair
balance and falling budget is not timely. Rehabilitation funds allocated from
the government's perceived by both districts is unfair and unbalanced. The
reason given was only two regions at the provincial level.
C.
Conclusion
Seen
in the implementation of decentralization may experience some obstacles caused by several things. Still visible reluctance
of central government to delegate powers. The local government may formally mandated
to exercise authority, but there are
still many restrictions and
barriers to exercise these powers.
In this case there are still shadows of the bureaucratic chain of command from top to bottom in a vague
but real effects.
Both may have
been valid in the autonomous region, but
the local government itself does
not effectively use the authority
that has been delegated. It can be seen from the
inability to make
good planning, monitoring
the progress of implementation has no
government, failed to make a balanced budget plan that
led to the persistence of dependence on financial assistance from the center. If the limited assistance from the central government efforts to replenish the budget then
taken to pursue
and adding native opinion from various sources including the use of natural
resources available to the
environmental and social impacts that
are not controlled.
BIBLIOGRAPHY
CIFOR and the Department of Forestry
UNHAS. , 2005. Preliminary Report of the Implementation of Decentralization in
the Forestry Sector Policy and Community Response. Case Studies in the North
and Mamuju Luwu, South Sulawesi.
Kuncoro, Haryo, 2007, "The
phenomenon of flypaper on the Financial Performance of the City and County
governments in Indonesia," National Symposium on Accounting X.
Martens,
H. 1999. Environmental Assessment and Proposed Management of Small Scale Mining
in South Sulawesi. In: Proceedings of the Seminar on Mining and Environmental Management in Ujungpandang 27 September 1999. Hasanuddin University Center
for Environmental Studies.
Government Regulation Number 38 Year 2007 regarding
Government and Provincial Authority as an Autonomous Region
PPLH (Centre for Environmental Research) UNHAS. , 2006. Integrated Watershed
Management Study Report Jeneberang. PPLH UNHAS,
Ujungpandang.
Sidik, M., 2001 Empirical Study of Fiscal Decentralization:
Fiscal Balance Policy in the Era of Central
and Regional Autonomy, Seminar
Papers Plenary ISEI
to IX, 13-14 April
2001 in Batam
Law Number 32 Year 2004 on Regional Governance
Law Number 33 of 2004 on Financial Balance between Central and Regional
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