Central control revived in Autonomy Law revision
Kurniawan Hari, Jakarta
Residents in West Sumatra had to spend more in paying various taxes following the endorsement of a bylaw in 2002 by the local administration which was desperately looking for other sources of income for the province.
In Lampung, the local administration issued a bylaw to officially impose a tax on every commodity moving out of the province.
In other cases, some bylaws or policies of a local government contradict those of neighboring administrations, causing disputes among the regions.
The central government meanwhile is worried about the surge in the number of bylaws endorsed by local administrations. Many of the bylaws have been issued only to justify more taxes, causing a high cost economy and deterring investment.
A study by the Regional Autonomy Watch (KPPOD) of 1,200 bylaws revealed that 30 percent of the bylaws either contradicted one other or contravened the laws or regulations issued by the central government.
This has prompted the central government to revise Law No. 22/1999 on regional administration, more popularly known as the Autonomy Law.
The draft revision is currently being deliberated at the House of Representatives.
Surprisingly, most of regional administrations that stand to benefit most from regional autonomy, have thrown their weight behind the revision.
The Association of Provincial Administrations (APPSI) has also expressed its support for the review. The governors, however, called for a clearer definition of the authority to explore natural resources and to manage relations with the regents.
APPSI chairman Sutiyoso said he hoped the revision would clearly define the authority of the central government, the provincial administrations, and the regional administrations.
Critics say, however, that the government-sponsored bill also contains several articles that would revive a highly centralized form of government as practiced during the authoritarian rule of president Soeharto.
"It seems that the central government will reinstate its control over the local administrations. The bill offers no solution to current problems," Agung Pambudhi, director of Regional Autonomy Watch (KPPOD) told The Jakarta Post on Monday.
Autonomy expert Andi A. Mallarangeng concurred, saying that the central government had tried to revive a centralistic approach through the bill.
Both, Agung and Andi admitted there are many defective bylaws endorsed by regional administrations, but said it should not be a pretext for the overhaul of the law.
The two observers suggested that the revision focus on the direct election of governors, mayors, and regents and rearrangement of the chain of command between governors and regents in order to prevent conflicts.
Andi said the government's intention to revive a centralistic approach in its administration was obvious as the draft revision scraps the authority of a regional administration to explore natural resources found up to 4 miles away from the coast line.
The bill also retracts the authority of the provincial administration to explore the resources between four miles and 12 miles from the coast line.
"It is ridiculous. The government has wasted the country's rich natural resources between 12 miles and 200 miles from Indonesia's coast line, but it intends to seize what belongs to the regional governments," Andi told the Post.
Agung noted that the draft also limits the authority of the regional administrations in the exploration of natural resources.
The bill states that the exploration of natural resources will be regulated further in separate laws related to the tolerable areas for exploitation of resources.
The natural resources in the forests, in the ocean and beneath the earth will be regulated in the forestry law, the law on marine resources, and the mining law.
"The related ministries will become more powerful. It makes sense therefore that people think that the draft revision will lead to centralization," Agung said.