The problem with autonomy
The problem with autonomy
Less than five months after its induction last Jan. 1, some
serious flaws in Indonesia's law on regional autonomy are
beginning to show. Apparently Vice President Megawati
Soekarnoputri had some of these flaws in mind when this week she
strongly criticized the law -- known officially as Law No.22/1999
-- as being against the principles of Indonesia as a unitary
state as is laid down in the 1945 Constitution.
In an opening speech at a workshop at the Ministry of Home
Affairs attended by provincial governors from all over the
country, Megawati underlined this principle of unitarianism,
saying the government would never acknowledge the existence of
"states within the (Indonesian) state".
Many excesses have been noticeable in the practice of regional
autonomy since the law was decreed on Jan. 1 "because Law
No.22/1999 does not share the same principles with the 1945
Constitution, on which the law should have been based". One
article of the law, for instance, states that provinces are not
superior to kabupaten (regencies) thereby breaking the
established hierarchical relationship between the two levels.
"Now we are already seeing signs of 'rebellion' by regencies
toward provincial governments which should have authority over
the regencies," Megawati said.
To be sure, the need for granting autonomy to the various
areas that are scattered throughout this country is a principle
that was well accepted by the central government in Jakarta ever
since the early days of independence in the 1950s. Obviously, the
central government cannot possibly control how its policies are
executed in all regions throughout this vast archipelago -- not
to mention the different needs and conditions in those regions.
The main problem was that natural and economic resources in
this country were far from evenly distributed across all regions,
and that Jakarta needed to balance incomes and expenditures to
ensure that poorer regions were not neglected. Of course, Jakarta
also needed money to finance the central government's
expenditure, such as for the purposes of security and defense,
and foreign policy.
The need for granting autonomy to the regions, however, became
especially pressing after the fall of the New Order regime in
1998 and a law was hastily drafted. The result, as can be
expected, is a legislative product that is often confusing and
falls short of expectations. Investors wanting to participate in
mining, trade or in forestry, for example, have no clear
guidelines as to whom they should turn to for the necessary
papers. Several regions have issued their own regulations without
guidance from Jakarta.
These, however, are shortcomings that can and will be
corrected in time. Of a more serious nature is the rise of what
is known as ethno-nationalism. The violent protest of the Dayak
population in some areas of Kalimantan against newcomers from the
island of Madura, for example, provided a dramatic example of how
ugly a form this kind of nationalism could take. Considering the
smoldering resentment that exists against newcomers in some other
regions of Indonesia, one should not be surprised to see a repeat
of the Kalimantan unrest elsewhere in the archipelago -- unless,
that is, some real measures are taken to forestall that from
happening.
These are current developments that Indonesians could hardly
have foreseen even a decade ago, when ethnic sentiments were
deeply buried in the name of national cohesion and stability. We
strongly suggest, though, that revised Law No. 22/1999 -- which
the government is now reportedly working on -- give due
recognition to this most important issue. In the final analysis,
Indonesia's strength is to be found in its very diversity, and
not in any kind of uniformity imposed from above.