House OK's new autonomy bill

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.