Regions asked to consult Jakarta on bylaws

Regions asked to consult Jakarta on bylaws

Kurniawan Hari, The Jakarta Post/Jakarta

Lawmakers deliberating revisions to Law No. 22/1999 on regional
government have agreed to require all regional administrations to
consult the central government before issuing a bylaw to avoid
inconsistency with existing laws and regulations.

"We are trying to regulate relations between the central
government and regional administrations. This is not what critics
are claiming to be an attempt at recentralization," Zain Badjeber
of the United Development Party (PPP) told The Jakarta Post on
Sunday.

Law No. 22/1999 and Law No. 25/1999 on fiscal balance between
regional administrations and the central governments are also
known as the Autonomy Laws.

Since the Autonomy Law was introduced in 2001, some regional
administrations had issued bylaws which members of the Indonesian
Chambers of Commerce and Industry (Kadin) say hamper investments
at the regional level.

According to Zain, a regental administration has to consult
the provincial administration, which in turn consults the
Ministry of Home Affairs before issuing a bylaw.

He did not make it clear, however, if approval from the
central government was necessary to issue bylaws by regional
administrations.

While consulting the central government would reduce the
possibility of issuing contradictory regulations, the stipulation
is likely to toughen the central government's grip on regional
administrations, whose heads have repeatedly been accused of
acting as kings.

A study by the Regional Autonomy Watch (KPPOD) into 1,200
bylaws revealed that 30 percent of them either contradicted one
other or contravened the laws or regulations issued by the
central government.

For example, the residents in West Sumatra had to spend more
for local tax following the endorsement of a bylaw in 2002 by the
local administration which was desperately looking for sources of
income for the province.

The Lampung administration had also issued a bylaw to
officially impose a tax on every commodity exported to other
provinces in the country.

In some cases, bylaws or policies of a local administration
contradict those of neighboring administrations, causing disputes
among the regions.

Many of the bylaws have been issued only to justify more
taxes, causing a high cost economy and deterring investment.

This phenomenon took place following the implementation of the
regional autonomy in January 2001.

The Asia Foundation revealed earlier this year that despite
progress over the past three years, the implementation of
regional autonomy in some parts of the country has not brought
the benefits that had originally been hoped for.

The foundation noticed improved popular participation in the
decision-making process, which encouraged democratization at the
local level.

Legislator Zain also said that legislators had agreed to adopt
direct elections for governors, mayors and regents.

Following the adoption of direct elections, Zain said, local
legislative (DPRD) members would no longer have authority over
the election of heads of regional administrations.

Consequently, he said, DPRD members could no longer reject the
progress reports made by governors, mayors, or regents.

"There will be no impeachment. Violations by heads of regional
administrations will be brought to court," said Zain, adding that
he expected the revisions to be endorsed on Sept. 14.