Regional Autonomy Agenda 2021
The development of regional autonomy, which was the mandate of 1998 reform, needs to be maintained to not deviate or go too far.
The development of regional autonomy, which was the mandate of 1998 reform, needs to be maintained to not deviate or go too far.
The hope of regional autonomy is to involve the regions to help the central government in bringing welfare to the people from Sabang to Merauke, facilitating public services to remote areas and improving local democracy as the foundation of national democracy. The role of the regions in the system of governance has changed, from passively waiting for central command to becoming fully active in accordance with their authority.
Two decades of field experience shows how difficult it is to handle regional autonomy in Indonesia, which is vast, populous and multicultural. It is like "holding a chick". If we hold it too tight it can get limp, but if we hold it too loosely it can run away. Excessive central government control in the form of “one policy fits all” for regional administrations can disrupt the smooth running of the regional autonomy wheels. On the other hand, weak control by the central government would make regional administrations take the wrong direction, even creating “little kings”.
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As a result, the outcome of regional autonomy has not been as expected. Various indexes for measuring progress have proven this, such as the Human Development Index (HDI), the poverty index, the ease of doing business index, the Gini ratio index and the economic growth index, which has been on average low. Indeed, there are some regions that have shown rapid progress, but unfortunately the numbers are small considering there are 542 regions. For example, Banyuwangi regency, Bantaeng regency, Surabaya City, Surakarta City, Bandung City, Jakarta province, South Sulawesi province and Yogyakarta province.
The central government’s fostering and monitoring of the regions through guidance, coaching, facilitation, assistance, mentoring, supervision and even sanctions are needed to ensure regional development. Once an authority has been transferred to the regions, the central government cannot simply let the regions exercise their authority.
For example, the central government is obliged to set the norms, standards, guidelines and criteria (NSPK). In this regard, it was correct when President Jokowi instructed ministries/agencies to set NSPK related to the implementation of the Job Creation Law No. 11/2020, both in the form of government regulations, presidential regulations and ministerial regulations.
Nevertheless, considering the significant successes in the aforementioned regions, the leadership of regional heads is a key factor in boosting regional progress. Thus, the momentum for improving regional autonomy policies stipulated in the 2021 Prolegnas related to the election bill, which integrates regional elections, the Papua autonomy amendment bill, the state civil apparatus (ASN) amendment bill, the central and regional financial relations bill, which is a substitute for the Central-Regional Financial Balance Law No. 33/2004, and the state capital bill (omnibus law), are the main agenda for 2021.
Regional elections improvements
The asymmetric regional elections system, or multiform, means there are regions where regional heads are directly elected because of the regions’ large authority (provinces, except for provinces with special autonomy/special status), indirectly elections or through regional legislative council, DPRD (regencies or cities) because they do not have a large authority and the regional heads that are appointed by the central government (regency/administrative city and small cities that do not meet the requirements as an autonomous region).
The variables to determine an asymmetric election are thus measured from the size of authority of the autonomous regions, not from the democracy index whose implementation is too complicated or from the revenue of the regions which are too convoluted. Meanwhile, the election mechanism would be changed from candidate pairs to non-paired (single/mono-executive). When the elected candidate is inaugurated, then a candidate for deputy regional head will be proposed to the central government. He or she can come from political parties or non-political parties. The number of deputy regional heads can vary in each region, according to the circumstances of each region. Small-size regions do not need deputy regional head, medium regions have one deputy head and large regions can have more than two deputy heads.
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In addition, the organizing of regional elections (pilkada) is also expected to improve. For example, the minimum or maximum /threshold requirements of popular votes/legislative seat gains for candidacy registration, requirements of candidates such as education and age to be increased, requirements for incumbents whose relatives are running the election, mandatory leave without payment during the campaign period, a minimum of two years of experience in the public sector, a public test on the candidates and the funding for the election is not from the regional budget (APBD), but from the state budget (APBN). The candidates for regional head candidates should be given financial assistance from the state to pay for campaign props and expenses for witnesses at the TPS.
The duration of the campaign needs to be shortened, vote counting uses an information technology system, and the national simultaneous regional elections should be held in 2027, not 2024. In order to organize nationwide simultaneous regional elections in 2027, the elections in 101 regions in year 2022 and 171 regions in 2023 will be organized in 2022.
Change in Papua\'s special autonomy
It relates to the changes to the Papua special autonomy policy, which has been implemented for 20 years but it is not sufficient to accelerate development in the land of Papua, particularly the improvement of the welfare of the indigenous Papuans (OAP). In 2022, the Papua Special Autonomy Fund based on the Special Autonomy Law No. 21/2001 will end. The special autonomy fund should be increased from 2 percent to 3 percent of the general allocation fund ceiling (DAU) nationwide and be extended over the next 20 years with improved arrangements through a mixture of specific grants and block grants, plus the obligation to make a Long-Term Development Plan (RPJP).
Apart from that, another important issue regarding direct regional elections is that they do not align with the socio-cultural conditions of the Papuan people. To strengthen local democracy as well as conflict resolution, the establishment of local political parties, as given by "Jakarta" to Aceh through the Aceh Administration Law No. 11/2006, is needed.
Regarding the creation of new provinces or regencies, which always creates tension in Papua -- which before the issuance of Papua Special Autonomy Law No. 21/2001 consisting of 1 province and 12 regencies and 2 cities and now Papua has 2 provinces, 40 regencies and 2 cities – in the future the issue (the creation of provinces in Papua) should be based on seven customary territories.
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The central government and the provincial administrations of Papua and West Papua along with all academics and community leaders, including those who reject the special autonomy, should sit together in dialogue to build consensus on the important issues above in order to pave the way for changes in the special autonomy policy.
Reform in regional bureaucracy
To develop the region, serious reform is needed in the local administration bureaucracy as the implementer of the policy. Regional development will not be realized without improving the quality of the human resources in bureaucracy. Regional administration bureaucracy must be improved in order to create superior civil servants that are professional, competent and with integrity. So far, the meritocracy in the local administration bureaucracy has not been going well. The merit system, which is carried out on the basis of qualifications, competence, and high performance has not yet been fully realized. In fact, there was a spoil system in promotion.
Not only that, officials are also dismissed at any time because they are considered disloyal to the regional heads. There is something to do with the result of the regional head elections and the legislative elections. In fact, the formation of selection committees is often abused according to the (hidden) interests of the user and there is a practice of buying and selling positions by regional heads themselves assisted by their special staff.
Instead, those officials can be assigned to other regions, even to positions in the central government.
To realize the merit system-based civil apparatus management, it is necessary to create a talent pool in each local administration by assessing the potential and competence of the high-rank leadership positions (JPT) and the administrators for career management needs, such as promotions/transfers, without going through the selection committee like it is now. High-rank and middle-rank officials in regional administrations should be made national civil apparatus positions so that the regional heads cannot easily remove them. Instead, those officials can be assigned to other regions, even to positions in the central government. The management of civil apparatus should no longer be in the hands of the regional heads, but are entrusted to the highest career officials in the regions, namely the regional administration secretaries, who are closely supervised by the central government.
Central-regional financial relations
The regional financial management in the context of regulating the central and regional financial relations must be in the framework of decentralization and regional autonomy. For example, the composition of revenue sharing funds (DBH) should pay attention to the balance of matters between the province and regency/city regions. The revenue sharing related to natural resources for oil-producing regions, which was originally uses a proportion of 84.5 percent for the central government and 15.5 percent for the regions, has been increased to 30 percent for the regions and 70 percent for the center. So is the (proportion of) natural gas, which is 69.5 percent for the center and 30.5 percent for the regions, it is increased into 40 percent for the regions and 60 percent for the central government.
A discussion questioning the phenomenon of problematic regional regulations was held in Jakarta, Wednesday (20/11/2019).
The revenue sharing funds for plantations, such as oil palm, should be given using the proportion of 30 percent for the region and 70 percent for the central government. The payment of the revenue sharing funds should be corrected. The payment cannot be postponed by the central government.
Regarding the financial relations between the central government and the regions, it is regulated so that there is no conflict of authority between the Finance Ministry and the Home Affairs Ministry. In relation to the financial relations between the central government and regional administrations, the main task of the Finance Ministry is as the state\'s general treasurer and fiscal manager in determining the allocation funds for the balance funds.
With regard to technical matters regarding the implementation of the management and accountability, as well as inspection and supervision, this is the responsibility of the Home Affairs Ministry as the supervisor of the autonomous region.
Decision on national capital
Indonesia has never had a law that specifically regulates the nation\'s capital city (IKN). So far, the capital city regulation has only been in brief, most recently through Law No. 29/2007 on the Provincial Government of the Special Capital Region of Jakarta as the Capital of the Republic of Indonesia. Now, for the first time, with President Joko Widodo\'s decision to relocate the national capital from the Jakarta to the East Kalimantan province, we will have a complete national capital law.
Regardless of the long debate related to determining the location of the capital city, the plans and physical financing schemes for the capital city, the stages of relocating the capital city, and the fate of Jakarta itself, the discussion of the IKN Bill between the government and the House of Representatives (DPR) in 2021 has an important issue related to regional elections in the capital city region, which should go through the indirect system (regional head election by the regional legislative council, DPRD) and not in pairs, but just the election of the regional head. He or she can be assisted by a deputy or several deputies appointed by the elected regional head. The regencies and cities that are located in the capital city province should be administrative in nature. The heads of those regencies and cities should be appointed by the governor. Their governance affairs are to be made simpler. They just deal with regulating institutional affairs, spatial planning, land, housing and settlement and tourism.
Djohermansyah Djohan
Djohermansyah Djohan, Professor at IPDN; Founder of i-Otda
(This article was translated by Kurniawan Hari)
