REGIONAL AUTONOMY AND NATURAL RESOURCE MANAGEMENT

By Irfan setiawan, S.IP, M.Si

Abstrack This paper aims to analyze the relationship of regional autonomy for the management of natural resources in the area. The implementation of regional autonomy still have problems caused by the unwillingness of the central government to give broad authority to local governments. The local government may formally mandated to exercise authority, but there are still many restrictions and barriers to exercise these powers. In this case there are still shadows of the bureaucratic chain of command from top to bottom in a vague but real effects. Both may have been valid in the autonomous region, but the local government itself does not effectively use the authority that has been delegated. It can be seen from the inability to make good planning, monitoring the progress of implementation has no government, failed to make a balanced budget plan that led to the persistence of dependence on financial assistance from the central government.

A. Preliminary Determination Act No. 32 of 2004 on Regional Government and Law No. 33 of 2004 on Financial Balance between Central and Regional Government, a consequence of the provision of financial resources proportional to the number of service activities in the local government. The size of the amount of funds required, highly dependent on the size of the area, the geographic, population, population density, the complexity of the needs of residents as well as other things that influence the socio-economic growth of the area. In other words, the greater the area of a region, the population and the increasing needs of the community, the greater the funds needed to finance the government in the provision of public good (Sidik, 2001 : 1). There are strong correlation between the financial resources of governmental activities essentially hints that setting financial balance between central and local governments can’t be separated from the problem the division of authority between levels of

government should be clearly defined. Sharing arrangements such authority has been established by Government Regulation No. 38 of 2007 on Government Authority and Provincial Authority as an Autonomous Region. The authority set forth therein provinces, basically an attempt to limit the powers and authority of the provincial government as an autonomous region, because the provincial government is only allowed limited autonomy organize activities set out in the regulations. The authority of the province in accordance with his position as an autonomous region includes the implementation of self-government authority that is cross county / city and other areas of governmental authority, while the authority of the provinces as administrative areas for the implementation of deconcentrated government authority to the governor. The authority districts / cities are not set in government regulation, as Law No. 32 of 2004 has essentially put all the powers of government in the district / city, except for the authority as stipulated in Government Regulation No. 38 of 2007. The implementation of decentralization as a form of regional autonomy also cause problems in the financial balance between central and local government, in which the duties and powers of each level of government requires financial support. Fiscal balance between central and local governments are ideal if each level of government can be independent in finance to fund the implementation of the duties and powers of each. This means that the source of income itself becomes the main source of income, or in other words, subsidies from higher levels of government to be a less important source of revenue. The economic potential of the region is crucial in order to increase the financial capacity of the region for the implementation of the household. In fact many found that the burden of work to be done by the local unbalanced or inconsistent with the conditions and the

financial situation of the region itself. The problem is how to create policies and programs to develop the potential to increase the financial capacity of the area, so that local autonomy can be implemented. Too much stress on regional initiatives will spur a sharp inconsistency between regions and stimulate the implementation of the authority lapses, otherwise too much central direction will be able to turn off local initiatives. The decision apparently is not always easy to be formulated is to create a balance between central direction and local initiatives, among standard/national targets and different needs/services (public goods) each region. There is also the challenge that comes from the country that affect natural resource management policies, namely the economic crisis that led to the bankruptcy of companies and industries in particular who tapped natural resources as raw materials. The economic crisis was soon followed by a political crisis marked by the collapse of the New Order government which gave birth order reform. Order reform that brings the dawn of renewal willed order of the political, social, economic truly democratic and equitable use of natural resources in line with global demand. In the financial area, a common phenomenon faced by most local governments in Indonesia is relatively small role of local revenue in the budget revenue and expenditure (budget). In other words, revenue sources are relatively large in general managed by the central government, while the revenue sources are relatively small managed by local government, so that the role of government revenues coming from as grants, general allocation fund budget is dominated configuration . Implementation of Law No. 32 and No. 33 of 2004 should provide more flexibility to local governments in making a policy development and in managing natural resources, so

that the region has the opportunity to earn a decent part and proportional results. To support local government funds, usually the central government always transfer funds are grouped into two parts, namely the form of the full transfer (full matching transfer) and the transfer of supporting selective (selective matching transfers). Full transfer is defined as a form of transfer is given to fund a full program, can form general help and assistance. Further supporting selective transfer form or a cost-sharing program is a form of transfer function only as a supplement to the source of funds owned by the receiving areas, but the allocation has been assigned to a particular program. Source of fund balance is expected to be a fund balance in the financing of local government administration. Model or formula whatsoever and howsoever transfer form is expected to reflect aspects of the income distribution for each region, in addition to consideration of the aspect of justice for those who have the natural resources are quite large. B. Discussion The implementation of regional autonomy, which refers to Act No. 32 of 2004 on regional government and Law. 33 Year 2004 on the Fiscal Balance between the Central Government and local governments, states that the implementation of regional autonomy presupposes the existence of a fiscal balance between central and local government, which is a system government financing in the framework of the Unitary State of the Republic of Indonesia which include financial division between regions in proportion, democratic, fair, and transparent with regard to the potential, conditions and needs of the region. In order to create the region's autonomy, local government revenue to be a very important factor which will be a source of revenue from the fund itself. However, reality shows that local government revenue is only able to pay the highest local government

spending by 20% (Kuncoro, 2007:2). Dependence of local governments to the central government is still quite high. If the government is too much emphasis on the acquisition of local government revenue, then society will be burdened with various taxes and levies with the intention of " target achievement". Exploitative attitude can be burdensome to the community because the community has burdened the national tax specifically land and building tax, Income Tax, Value Added Tax and luxury sales), Stamp Duty, Customs Acquisition Rights Land and Building. According to Law No. 33 of 2004 that in order to finance the implementation of decentralization, the balance of funds allocated to the region that consists of the area of property tax revenue, customs acquisition of land and buildings, natural resource revenues, the general allocation fund and special allocation funds. For the areas that have the potential for a lot of natural resources, then logically the potential sources of financing will be greater than areas that have little natural resources. But be aware that natural resources are mostly (especially mine excavation) is a regional financial resources are limited and non-renewable exploitation (unrenewable), so sooner or later sources will be exhausted. The natural wealth contained a very likely potential to be used as a productive resource-effective. The objectives are: 1. develop a simple economic model that uses the input of natural resources in the production process; 2. identify the conditions that must be met in order for the utilization of natural resources over time becomes economically efficient; 3. determine the pattern of utilization of natural resources over time are optimal from the point of view of social welfare;

4. knowing the characteristics optimal allocation of natural resources; 5. identify important parameters determine kosumsi sustainable opportunities for long periods of time. With decentralization, local government is expected to accelerate the improvement of social welfare to implement and realize the management of natural resources is better because the decision makers are and closer to the local community. local government considered to be more aware of problems and needs of the community in its own compared to the central government. Thus, decentralization will create a more participatory development, increased equity income from the local community and natural resource use is also expected to be more responsible in the application of sustainability principles in the management of natural resources and environment in the region. Nevertheless, there are some disadvantages of decentralization that may cause irregularities; 1. if it is not accompanied by the authority and responsibility in the management and support capabilities in institutional capacity 2. tendency to increase local revenue lead to depletion and unsustainable use of natural resources. 3. externalities that arise not only harm one sector or region itself but causes harm beyond the multi-sectoral and administrative boundaries of an area to provide a range of different regional and national. For example, deviations from the decentralization process is the emergence of uncontrolled freedom of local governments, including in the form of utilization of natural forests within their administrative areas. Feeling the authority and driven by the desire to earn more high and increase local government revenue, the government then tried to exploit the potential of

the forest resources in their respective regions. Forest resources selected to be presented here because the forest is a strategic resource. Utilization and management affect the quality and utilization of natural resources. Damage to forests provide far-reaching consequences on water resources, agricultural productivity, and bring the threat to the environment which is not limited to the administrative area where the forests are located. Cases of forest degradation in the era of regional autonomy, the most prominent and widely prevalent in Indonesia, including in South Sulawesi Province. With the issuance of Government Regulation No.38 of 2007 which among other things set up authority and the authority of provincial government as an autonomous region in forest management, began a new era that is expected to describe the implementation of forest management within the framework of the implementation of Law no. 32 of 2004. The duties and authority of forestry affairs regulated in this Government Regulation. Thing that stands out from the Government Regulation is that to prepare and adopt standards and criteria. While the provincial government tasked to prepare guidelines for the implementation of management at the district level. Besides, the provincial government shall carry out the monitoring and protection of forest areas across the district. But still seems to need more and more various regulations that are more specific and detailed (Government, Presidential, decree or regulation) to describe how the operational technical Law. 32 of 2004 and Law no. 33 of 2004 and its laws related to forestry (Law no. 41 of 1999) that provided the legal basis for the implementation of decentralization that is clear and does not contain a lot of different interpretations. This is emphasized because many institutional and implementation raises contradictions use and management of forest resources in the area. Some of the deviations among others:

1. placement of the staff or employees and assets of the agency disbanded or merged. Employees who have more technical skills accumulate at the provincial level. In the area of professional shortages exacerbated by recruitment by the local officials who do not have the educational background of forestry. 2. roles and responsibilities of the agency or agencies in the area (province and district) overlapping, inconsistent, or contradictory. 3. disputes and conflicts on the allocation of forest land use. 4. growing and uncontrolled encroachment and illegal logging. In the actualization of the implementation authority contained in the 2004 regional autonomy law occurred a few things that are distorted and deviate from the objectives of forest management and utilization. For example, just as happened in East Kalimantan in 2005 where the district gave permission businessmen scale forest no more than 100 ha. In Papua, also issued a small-scale logging permits that result in uncontrolled logging also tends to destroy. Until now, despite the ban, such practices still go on. Many things can cause this problem include the differences in the interpretation of central and local authorities as well as the limitations of human resources where the officers who have technical skills and management are still stacked in the government offices. The study, conducted by the Center for International Forestry Research (CIFOR) in collaboration with the Department of Forestry, Faculty of Agriculture and Forestry UNHAS (CIFOR and UNHAS Forestry Department, 2006) reveals some of the effects that occur in forest management issues at the beginning of the era of regional autonomy in the North Luwu and District Mamuju. From the results of the study revealed that there are various ambiguities of authority delegated to the

district as well as any difference of interpretation between the provinces and districts in the interpretation of legislation related to the autonomous region. In many cases occur which tend to favor the interpretation of each level of government. The district government quickly welcomed the enactment of regional autonomy by making rules that benefit themselves and the region on the other hand the continuous central government is still reviewing the regulations that may limit the movement of the regional regulations. The discussion in the House of local Representatives about local regulation is sometimes hampered by the release of the higher laws that will be used as reference have been amended. The other thing that was found from the study is the complaint in issue less allocation of fair balance and falling budget is not timely. From the results of the study revealed that there are various ambiguities of authority delegated to the district as well as any difference of interpretation between the provinces and districts in the interpretation of legislation related to the autonomous region. In many cases occur which tend to favor the interpretation of each level of government. The district government quickly welcomed the enactment of regional autonomy by creating a favorable local regulation him and on the other hand the central government is still reviewing the continuous regulation may restrict the space of local regulation. From this research, it was revealed that there are various ambiguities of authority delegated to the district as well as any difference of interpretation between the provinces and districts in the interpretation of legislation related to the autonomous region. In many cases occur which tend to favor the interpretation of each level of government. The local government quickly welcomed the enactment of regional autonomy by creating a favorable local regulation and on the other

hand the central government is still reviewing the continuous regulation may restrict the space local regulation. The discussion in House of local Representatives about the local regulations are sometimes hampered due to the release of the higher laws that will be used as reference have been amended. The other thing that was found from the study is the complaint in issue less allocation of fair balance and falling budget is not timely. Rehabilitation funds allocated from the government's perceived by both districts is unfair and unbalanced. The reason given was only two regions at the provincial level.

C.

Conclusion Seen in the implementation of decentralization may experience some obstacles caused

by several things. Still visible reluctance of central government to delegate powers. The local government may formally mandated to exercise authority, but there are still many restrictions and barriers to exercise these powers. In this case there are still shadows of the bureaucratic chain of command from top to bottom in a vague but real effects. Both may have been valid in the autonomous region, but the local government itself does not effectively use the authority that has been delegated. It can be seen from the inability to make good planning, monitoring the progress of implementation has no government, failed to make a balanced budget plan that led to the persistence of dependence on financial assistance from the center. If the limited assistance from the central government efforts to replenish the budget then taken to pursue and adding native opinion from various sources including the use of natural resources available to the environmental and social impacts that are not controlled.

BIBLIOGRAPHY CIFOR and the Department of Forestry UNHAS. , 2005. Preliminary Report of the Implementation of Decentralization in the Forestry Sector Policy and Community Response. Case Studies in the North and Mamuju Luwu, South Sulawesi. Kuncoro, Haryo, 2007, "The phenomenon of flypaper on the Financial Performance of the City and County governments in Indonesia," National Symposium on Accounting X. Martens, H. 1999. Environmental Assessment and Proposed Management of Small Scale Mining in South Sulawesi. In: Proceedings of the Seminar on Mining and Environmental Management in Ujungpandang 27 September 1999. Hasanuddin University Center for Environmental Studies. Government Regulation Number 38 Year 2007 regarding Government and Provincial Authority as an Autonomous Region PPLH (Centre for Environmental Research) UNHAS. , 2006. Integrated Watershed Management Study Report Jeneberang. PPLH UNHAS, Ujungpandang. Sidik, M., 2001 Empirical Study of Fiscal Decentralization: Fiscal Balance Policy in the Era of Central and Regional Autonomy, Seminar Papers Plenary ISEI to IX, 13-14 April 2001 in Batam Law Number 32 Year 2004 on Regional Governance Law Number 33 of 2004 on Financial Balance between Central and Regional