Over-regulation haunts Indonesian NGOs

Over-regulation haunts Indonesian NGOs

Indonesian non-government organizations (NGOs), already
entangled by a web of regulations, are likely to have one more
new regulation soon. Sociologist Kastorius Sinaga argues the
existing regulations are more than adequate to control them .

JAKARTA (JP): The government's plan to further regulate
Indonesian non-governmental organizations (NGOs) by issuing a
presidential decree (Keppres) has gradually developed into a
controversy.

Many view this upcoming regulation as counterproductive for
the simple reason that it halts the spirit of self initiative,
self reliance and independence now apparently growing in society,
particularly among the urban middle class. The new middle class
supports and runs the NGOs in Indonesia.

Despite increasing public debate on this issue, the draft
decree is likely to be finalized soon, particularly for NGOs
oriented to human rights, the environment, democracy and labor
issues, which are seen by the government as highly politicized.
Included in this category are the Legal Aid Foundation,
Democratic People Front, NGOs' Alliance for Democracy, Democratic
Forum, Indonesian Welfare Labor Union and the emerging Alliance
of Independent Journalists.

Rumors have grown along with the plan to issue this new
regulation. Some see it as a strategic step to ensure the success
of the upcoming APEC meeting, which will be held here in
November.

However, if this is true, the existence of such a decree will
show the tendency to over-regulate NGOs.

This new regulation is to be added to a set of earlier enacted
laws and ordinances. These government regulations and the
ministerial decrees on NGOs have been sufficient to control or
even restrain the role of Indonesian NGOs thus far.

The existing regulations on NGOs can be placed into two broad
groups. In the first group are regulations dealing with the
ideological principles, political functions and coordinating
mechanisms of NGOs in Indonesia. All of this is accommodated in
the Mass Organization Law (UU Keormasan No. 8/1985), PP or
Government Regulation No. 18/1986 (as the implementation of UU
No. 8/1985) and the 1980 Instruction of the Ministry of Home
Affairs or Inmendagri No. 8/1980.

Politica goals

Although UU Keormasan No. 8/1985 and PP No. 18/1986 are in
fact intended for mass organizations, they also affect the NGOs
even though they have no members and are legally foundations and
not associations. The government, however, has judged NGOs by
their activities and programs, which are consequently viewed as
similar to mass organizations in the sense that they are socially
and communally directed.

These regulations have explicit political goals. They are
aimed at determining the ideological principles and objectives of
all social and mass organizations, including NGOs. All
organizations are required to work within the frame of the
national development program. According to these regulations,
social organizations are required to officially register with the
Ministry of Home Affairs.

Supplementing this regulation is Inmendagri Nr. 8/1990 . This
directs the coordinating mechanisms of NGOs at the provincial
level. With this decree, the Minister of Home Affairs has
instructed all governors and heads of districts to supervise,
coordinate and protect NGOs in line with their respective
regional development programs. And, if needed, to set up
coordinating bodies at the provincial and district level to
create a conducive climate where NGOs can optimally function as
the government's partner in development.

Unlike the political regulations mentioned above, the second
group is more technical. They are either presidential
instructions, or collective and individual ministerial decrees,
such as: Inpres 32/1985 concerning the procedures NGO's must
follow with foreign funds; SK Menag No. 77/1978 concerning the
posting of technical experts at religion-based NGOs; SK Mensos
77/1983 and SKB Menag & Mendagri 1/1979 concerning foreign
assistance to Indonesian NGOs, and SK Mensos Nr. 58/1984
concerning the coordinating body for Indonesian NGOs working in
the field of social welfare.

As a result of all these regulations, we have witnessed an
increase in the number of coordinating bodies, working groups and
cooperation groups existing between the government and NGOs. This
has resulted in the emergence of so-called "GONGOs" (Government
Organized NGOs). The regulation has curbed the independence of
many NGOs in Indonesia, which has consequently decreased the
involvement of international agencies.

Negative image

Based on the above conditions and experiences, frankly
speaking, the plan to issue a new presidential decree on NGOs
illustrates a trend toward over-regulating NGOs. While we
concentrate on achieving a positive image on the international
level, the tendency to over-regulate NGOs will automatically lead
to a negative image of our political landscape among the global
community. Particularly in the sense that:

First: Development is undoubtedly controlled by the state.
Agencies outside the government bureaucracy, like NGOs, which are
interested in "putting the last first" must work within the
existing development design.

Second: NGOs orientated toward social equality, human rights
and accountability are often viewed as in opposition to the
interests of the nation.

Third: A limited party system is the main feature of our
political landscape. The government often proclaims that the
three existing political organizations, particularly the dominant
one, are the legal voices of the population. This has led to a
widespread belief that any movement existing beyond this formal
political process, lacks authority, or borders on being illegal.

The writer holds a doctorate degree from the University of
Bielefeld, Germany, and now works as visiting lecturer at the
postgraduate program of Social and Political Sciences, University
of Indonesia.