Central control revived in Autonomy Law revision

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.