Autonomy law sparks disputes, undermines national integrity

Autonomy law sparks disputes, undermines national integrity

Kurniawan Hari, The Jakarta Post, Jakarta

The division of power, as set out in Law No. 22/1999 on regional
autonomy, tends to create disputes between regional and central
administrations and spark sectarian conflicts in society, an
official has said.

He compared the law, under which the central and regional
administrations enjoy unprecedented exclusive authority, to what
took effect in the United States in the 19th century.

"It (the autonomy law) creates tension and disharmony at all
administrative levels and brings about inefficiency in public
services," Sodjuangon Situmorang, specialist adviser on legal and
political affairs to the home minister, told The Jakarta Post on
Sunday.

He suggested that the model for division of power adopted in
the law be revised immediately.

According to Situmorang, the division of administrative power
between central and regional administrations should be focused on
democracy and efficiency.

"The model should provide clear criteria on the need to divide
administrative power and the mechanism to exercise it," he said.

Situmorang was awarded on Friday a doctorate from the
University of Indonesia for his thesis on regional autonomy.

He said it was now time for Indonesia to adopt a model of
concurrent power, under which central and regional
administrations held equal authority in dealing with issues.

"This model will result in optimal public services, create an
efficient use of natural resources and boost integrity among
state administrators," he added.

Constitutional law expert Jimly Ashidiqie concurred with
Situmorang, saying that Law No. 22/1999 needed revision to bring
it into line with the amended Constitution.

According to Jimly, the law, which was the legal basis for the
implementation of regional autonomy in January 2000, contained
flaws that undermined national integrity.

Jimly, who took part in the process of constitutional
amendment, said that certain stipulations in the law violated
Article 18 of the amended Constitution.

He said the idea to review the law had not won support because
of worries that such a move could aggravate the implementation of
regional autonomy.

"Of course, it would be unwise to change the law immediately.
But with regard to the constitutional amendment, the law should
be reviewed," Jimly, who was a member of the team of scholars
that assessed Situmorang's thesis, told Antara.

He said the general public, the business community in
particular, hoped to see the law on regional autonomy revised due
to the confusion it had caused.

But he warned the government against justifying the revision
as a way of reviving the centralizing tendencies of the New Order
government.

In the republic's 57-year history, the law dealing with the
division of central and regional administration authority and
responsibilities has been changed six times.