House OK's new autonomy bill

M. Taufiqurrahman, The Jakarta Post, Jakarta

After lengthy deliberation, the House of Representatives endorsed on Wednesday a bill amending the regional administration law, which over the past five years has caused tension between the central and regional governments.

All nine factions in the House, which will end its five-year term on Thursday, stated in a chorus of approval that the revision of Law No. 22/1999 on regional autonomy was inevitable given the sweeping political and constitutional changes that had taken place since the legislation came into effect.

The bill will give rise to regional leaders with a strong mandate because they will be elected directly by people, but at the same time it will reduce their power by giving the central government the authority to dismiss them.

The local leaders also will not be allowed to issue policies that contradict regulations imposed by the central government.

Regarding the territorial division of local regions, the bill says that the country's waters are open to everyone, and fishermen do not need permission to access the waters.

Regional autonomy has given rise to policies and bylaws passed by local governments to boost revenue, but many of these policies contradict central government regulations. Conflicting policies have been the cause of complaint by foreign investors.

Territorial disputes between neighboring regional governments have also been a hallmark of regional autonomy law.

According to the bill, the central government can dismiss local leaders for corruption, acts of terrorism, mutiny and other activities that pose a threat to national security.

Local leaders are also banned from making policies that benefit themselves, their political groups or associates.

House Deputy Speaker Andi Mappetahang Fatwa chaired the plenary session to endorse the bill, which was attended by Minister of Home Affairs Hari Sabarno and Coordinating Minister for the Economy Dorodjatun Kuntjoro-Jakti, as the government's representatives.

The bill, which had been deliberated since Feb. 9, pays a great deal of attention to the direct election of heads of regional governments, echoing the direct presidential election.

Article 59 of the bill says independent candidates cannot run for the head of regional governments, unless he or she is nominated by a political party or a coalition of parties with at least 15 percent of the seats in the local legislature, or at least 15 percent of the popular vote.

The government had proposed that an individual with the support of 1 percent of the total number of eligible voters in the jurisdiction of a local government be allowed to nominate themselves for local office.

The bill stipulates that local elections commissions are the sole institutions that will organize direct elections in the regions, which are expected to begin in June 2005.

Analysts criticized the House for its hasty and discreet deliberation of the draft, which they said resulted in flawed legislation.

"The ban on individual candidates running for the post of governor or regent will only perpetuate the oligarchy among the political parties, which bars the way for the healthy rotation of local leaders," Saldi Isra of the Padang, West Sumatra-based Andalas University said.

He said parties disappointed with the bill, especially members of the Regional Representatives Council, who have the authority to draw up regulations pertaining to local autonomy, could file a judicial review with the Constitutional Court.

Hadar Nafis Gumay of the Center for the Electoral Reform suspected the secretive nature of the bill's deliberation could indicate that both the House and the government compromised on the quality of the bill.