Autonomy law revision: Defining governors' role<\/p>\n
Gustaf Tamo Mbapa, Legislative Watch Body (For-MAPPI), Jakarta,
\ngustaftamo@astaga.com<\/p>\n
The decentralization policy of 1999 had the main objective of
\nrelieving the central government of unnecessary burdens in
\nhandling domestic affairs, so that it would have the opportunity
\nto study, comprehend and respond to global trends and benefit
\nfrom these developments.<\/p>\n
At the same time, the central government was expected to be
\nmore capable of concentrating on the formulation of national
\nmacro-policies of a strategic nature.<\/p>\n
Also, through the decentralization of government authority to
\nthe regions, a significant process of empowerment of local
\ncommunities was expected to take place.<\/p>\n
Their initiative and creativity was expected to be spurred,
\nthereby further strengthening their ability to resolve various
\ndomestic issues.<\/p>\n
Decentralization as a symbol of the central government's trust
\nin regional administrations would naturally restore the dignity
\nand esteem of the local communities.<\/p>\n
Since the enforcement of the regional autonomy law in January
\n2000, regency administrations often consider themselves to be the
\nmost qualified to run their own areas, so that the position of
\ngovernor has tended to become very insignificant.<\/p>\n
Governors in the New Order era were highly respected and had
\nthe most decisive role in distributing projects to the regions,
\noften with regard to their respective political interests.<\/p>\n
The obedience shown by regents to governors during that period
\nwas due to the great authority the governors had in the sphere of
\npublic administration and politics.<\/p>\n
However, one concrete problem since the coming into force of
\nLaw No. 22\/1999 on regional autonomy has been the relationship
\nbetween provincial and regency\/municipal administrations.<\/p>\n
The law contains no clear definition of the function of
\nprovincial administrations. This makes the existence of
\nprovincial governments devoid of any function.<\/p>\n
One example involves the formulation of regional development
\nprograms and strategic plans for regional development.<\/p>\n
In drawing up the programs and also regional budgets, as a
\nconsequence of this law, regency and municipal administrations
\noften disregard provincial administrations.<\/p>\n
Therefore, even as provinces are drafting such plans or
\nbudgets, municipal or regency administrations have compiled their
\nown without referring to those of the provincial administration.
\nThis has a fatal effect on development.<\/p>\n
In the absence of any specifications about the role and
\nfunction of provincial administrations in the implementation of
\nregional autonomy, autonomous regency or municipal
\nadministrations sever any accountability to the provincial
\nauthorities.<\/p>\n
They even seem to have no more connection with the central
\ngovernment. Many circles thus feel the necessity of revising the
\nregional autonomy law.<\/p>\n
The lack of a common perception among regents\/mayors in the
\nrealization of regional autonomy obscures the role of governors.
\nIn fact, in the structure of public administration, governors
\nplay a supervisory, monitoring and facilitating role. This
\nproblem arises because into the second year of regional autonomy,
\nhow the coordination between governors and regents\/mayors should
\nbe conducted has yet to be regulated.<\/p>\n
According to Minister of Home Affairs Hari Sabarno,
\nregents\/mayors have misinterpreted the meaning of \"no hierarchy
\nbetween heads of first-level regions and heads of second-level
\nregions\", as stipulated in Law No.22\/1999. With this
\nmisunderstanding, regents\/mayors no longer see the presence of
\ngovernors and provincial administrations. It is a mistake. The
\nabsence of hierarchy is actually in terms of politics. It means
\nthat the election of somebody as a regent\/mayor is not owing to
\nthe recommendation of a governor.<\/p>\n
Nonetheless, the government structure must administratively
\nmaintain a hierarchical relationship. To this end, a revision of
\nthe regional administration law is needed. But the changes should
\nnot be a total alteration and a return to centralization. The
\nbasic philosophy, i.e. decentralization, must still be strictly
\nfollowed.<\/p>\n
The amendments to the law would regulate the scope of
\nauthority in such a way that no conflict will emerge between
\nregions. In addition, a revised autonomy law needs to regulate
\nthe ties between regional heads and regional legislatures, the
\nimprovement of regional finances and the arrangement of regional
\npersonnel.<\/p>\n
In practice, the greater percentage of most of the
\nregency\/municipal finances is derived from central government
\naid, in the form of both general allocation funds (DAU) and
\nspecial allocation funds (DAK). In this way, the relationship
\nbetween regencies\/municipalities and provincial administrations,
\nas well as the central government, is interdependent rather then
\nindependent.<\/p>\n
Central Java Governor Mardiyanto voiced this same view.
\nAccording to him, the present behavior of regents\/mayors who
\nconsider coordination with governors unimportant is not entirely
\ntheir fault. The issue has arisen because the system is not well
\ndefined. As a result, regional autonomy proceeds individually
\nbased on the perceptions of relevant regions.<\/p>\n
To prevent a recurrence of the misperceptions by
\nregents\/mayors of the authority of governors in carrying out the
\nfunction of supervision, coordination and monitoring, the
\nrevision of the regional autonomy law should clearly define this
\nauthority and how it is exercised. The authority involves among
\nother things the operational aspects of central government funds
\nallocated through DAU and DAK.<\/p>\n
The standardization of evaluation criteria for the performance
\nof governors should also be more accountable and the governors'
\nachievements measurable, so that the public can participate in
\nevaluating the governors' performance for their five years in
\noffice.<\/p>",
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