Effectiveness of Government Administration in the Regional Autonomy

Perspective

By:

Sugianto

Lecturer / Lector Head / IV B IAIN Sheikh Nurjati Cirebon

ABSTRACT

In the reform era As a concrete manifestation in the Implementation of Regional

Government by promoting the concept of decentralization, regional autonomy is the main
topic that must be discussed and implemented in all local government and community
governance arrangements. In Act No. 23 of 2014 as a substitute for Act No. 32 of 2004
concerning Regional Government, the era is now free from the complications of executive
and legislative interests.

Because in the implementation of the Regional Head Election in this case the Governor,
Regents and Mayors have become their own regulations, namely Law No. 10 of 2016, to
elect clean regional leaders and Statesmen as a concrete manifestation through the election of
regional heads simultaneously "inevitably it has become the people's right However, there
still cannot be separated from political interests because the regional head candidates in the
Act are carried out by political parties or a combination of political parties.

That in the context of the current reform era there are still problems to create clean
leaders and statesmen. Certainly a healthy and clean Indonesian nation from corruption,
collusion and nepotism is a sure thing from the principle of good governance, and of course is
something that Indonesian people are longing for. The election of leaders is part of the will of
the people who want the creation of leaders who are able and prioritize synergy and
harmonization.

Keyword: Good Governoon and Regional Autonomy

A. Introduction

Indonesia is a nation that has been engineered and created in such a way as a system of
injustice in the form of colonialism, hence Indonesia is a collectivity where individuals can
live (and hope to live with their various interests, nations, religions, and ideology. Thus, if
there is a government governed based on political tyranny, of course it is a government that is
not acceptable to its people.The New Order is for example with the centralization of the
regime and the cruelty of how to govern it, even if it has a long life, it will surely meet its end
(with disrespectful), therefore, democracy in Indonesia become an item that must be upheld
with all the risks, including the toughness of solving national problems, ineffectiveness,
complexity, etc. But we then ask, why is democracy the only concept chosen by almost all
nations in the world to solve various kinds of problems? until the pad a answer to this
question, then one thing we must realize is that nature is already predestined by God to not be
the same. Ethnic plurality, plurality of interests, plurality of ideology, religious plurality and
various other types of inequality are conditio sine qua non. This condition wants the world
community to immediately overhaul the centralistic way of thinking, authoritarian way of
thinking and at will. To create democracy, certainly not only through cultural channels such
as the explanation above, even in the structural path if we are honest and thorough, there is
actually a path to creating democracy.

State / Regional governance that is healthy and free from corruption, collusion and
nepotism is something that is sure of the principle of good governance, and of course is
something that is missed by the Indonesian people. The election of leaders is part of the
will of the people who want the creation of it. This very heated debate has been held at
least in our assembly session for the past week. From efforts to amend the 1945
Constitution to democratic electoral procedures. People's expectations are how they can
live more prosperously both economically and politically. Economically, the people of
Indonesia want an increase in per capita income, the prices of basic necessities (merit goods)
that are not expensive, reduced poverty rates, falling inflation and various other indications of
prosperity. Being honest with the people is the starting point to create a government that is
not only strong (stong government), but also a clean and authoritative government (good
governance). With new awareness, Indonesia's future must be built with a new democratic
mentality and culture. So that the urgent agenda of the government this time is to hold a
government that is clean and accountable to the people.
B. DISCUSSION

It was interesting to discuss the statement of the Vice President Megawati in the
Opening of the National Development Consolidation Meeting in Jakarta (Wednesday, May
16, 2001), which criticized Law No. 22 of 1999 which was replaced by Law 32 of 2004
concerning regional autonomy, whose implementation has been misinterpreted. One of the
most critical criticisms was the arrest of signs of a kind of defiance from the district and city
regional heads against the provincial head in this case the Governor, as the representative of
the central government in the region, this was confirmed in PP 19 of 2010 article 2 paragraph
1 "that the Governor is no longer the superior of the regent and mayor. The Vice President
also gave an example of having the potential of natural resources, so that for regions that are
poor in natural resources, regional autonomy is not a solution. Secondly, the existence of
regional political institutionalization that places legislative institutions (Provincial DPRD and
Regency / City DPRD) in positions that tend to be more empowered and executive
institutions (Regents, Mayors, Governors) in positions that tend to be less empowered, have
given great opportunities for the legislature to become an authoritarian new ruler. In this
position, the crucial issue is to whom the legislature is responsible for its duties. The two
political reasons presented above, are some of the important arguments that can support
Kimura Hirotsune's thinking about the emergence of a dualism of people's perceptions that
are contradictory to regional autonomy.

At a time when Law No. 22/1999 as if regarded as the main helper deity for the region
to manage its own resources, throwing from the Vice President should be welcomed warmly
and used as a discourse for future improvement.

Indeed we know that since independence more than 55 years, Indonesia has had 8 pieces
namely the Regional Government Law: Law No. 1/1945, Law No.22 / 1948, Law No.
1/1957, Law No. 18/1965, Law No. 5/1974, Law No. 22/1999, and finally Law No. 32 of
2004 jo Law No. 12 of 2008. Furthermore, the emergence of Law No. 23 of 2014 and Law
No. 9 of 2015 are the second amendment to Law No. 23 of 2015 expected to be a moment to
improve central relations the lame area all this time. Regional autonomy is assumed to be the
only way out. But the question is, is regional autonomy practically true, at least in accordance
with Law No. 22/1999, is it able to become a real medicine, which is really able to turn things
from centralized to decentralized?

High hopes for the realization of democracy in the Regional Autonomy Law, must be
questioned again, if the spirit and spirit that underlies the mechanism of governance is still as
reflected in Law No. 5/1974, full of service learning. Moreover, we must note that the
regional legislature resulting from the '99 election yesterday was a very new personal
legislature, which is thus very vulnerable to money politics. Also, the many interests that
must be represented, represented on the existing parties, are not a guarantee that democracy
will be carried out properly, instead if they are not careful they will confuse the situation and
reduce the value of the substance of democracy itself. So, the urgency of regional autonomy,
if only shown through our euphoria towards Law No. 22/1999, which was changed to Law
No. 32 of 2004, will not only preserve KKN practices, but also foster them in the regions.
Proof of this, in real terms we can see in the field lately. Public protest over the election of
the new Regional Head has become an ongoing media consumption. as is well known that
Law 22 of 1999 does not use a multilevel autonomy system. Not implementing a multilevel
or residual autonomy system as reflected in Law No. 5 of 1974, is something new. That is,
the Governor is no longer the boss of the existing Regents or Mayors. There is no point in
eliminating feudal relations between regents / mayors and governors, which are considered as
inefficiencies, if re-inefficiencies are created through a more vertical relationship with the
central government. As Pratikno (2000) states that Law No. 22/1999 apparently did not make
many major changes, for example the status of the province, so that the position of the
Governor still continued to double function, namely as a regional government and central
government apparatus. We note that there are several paradoxes which must be reviewed in
this regard. For example article 38, article 40 paragraph 3 and article 46 paragraph 3. Those
articles still open a wide space for the intervention of the central people on the existence of
the Regional Head. This is reflected in sentences such as "being consulted to the president.
Article 46 Paragraph 3 states that the dismissal of a regional head is the authority of the
president, while the DPRD merely proposes it; or article 52 which says that the dismissal of a
regional head by the president is absolute and irrevocable; or article 55 which says that
criminal acts / crimes committed by regional heads, the investigation must be done with the
permission of the president. This shows how Law No. 22/1999 and Law 32/2004 are far from
perfect.

The day after independence, the Republic of Indonesia basically set its choices formally
on the adoption of the principle of decentralization in the administration of government, by
providing opportunities and flexibility to the regions to carry out regional autonomy. This can
be concluded from the sound of Chapter IV, article 18 of the 1945 Constitution and its
explanation.

In Article 18 of the 1945 Constitution, it is stated among other things that "the division of
Indonesian territory into large and small regions, with the form and structure of the
government determined by law". Meanwhile, in the explanation of the article, it was stated
that:

"... because the Indonesian state is an" eenheidsstaat ", then Indonesia will not have regions in
its environment that are also staat. The regions of Indonesia will be divided into provinces
and smaller regions. These regions are autonomous (streck and locale rechtsgemeenchappen)
or are merely administrative regions, all according to the rules that will be determined by law
”.

Etymologically, the word autonomy comes from the Latin word "autos" which means itself
and "nomos" rules. Thus, initially autonomy means having "own rules" or having the right /
power / authority to make their own rules. Then this meaning developed into "self-
government". Meanwhile, in Law No. 32/2004 which was changed back to Law No. 23 of
2014 concerning Regional Government emphasized that regional autonomy is the right,
authority and obligation of autonomous regions to regulate and manage their own
government affairs and the interests of local communities in accordance with statutory
regulations.

Government affairs and the interests of the local community which are regulated and
managed include the authorities handed over by the central government to the regions to be
organized according to their own initiatives based on community aspirations.

The principle of real, dynamic and responsible autonomy is known in Law No.5 of 1974 as a
variation of the real autonomy system. In the new Law on Regional Government, namely
Law No. 32 of 2004 which has been changed into Law no 23 of 2014, regional autonomy is
implemented by giving proportional, broad and accountable authority to the regions
proportionally realized by the regulation, distribution and utilization of equitable national
resources, as well as central financial balance and area.

The authority of broad autonomy is the freedom of the region to administer government
covering all fields of government, except in the fields of foreign politics, defense, security,
justice, monetary & fiscal, religion, and other fields of authority to be determined by
government regulations. In addition, freedom of autonomy also includes full and unanimous
authority in the implementation of planning, implementation, supervision, control, and
evaluation.

What is meant by real autonomy is the freedom of the region to exercise governmental
authority in certain fields that actually exist and are needed and grow, live and develop in the
region. While responsible autonomy is in the form of the realization of accountability as a
consequence of granting rights and authority to the regions in the form of duties and
obligations that must be borne by the regions in achieving the objectives of providing
autonomy, in the form of improved services and better public welfare, development of
democratic life, justice and equality and maintaining harmonious relations between the center
and the regions and between regions in the context of maintaining the integrity of the Unitary
State of the Republic of Indonesia.

Meanwhile, in the explanation of Law No. 32 of 2004 which was changed to Law No. 23 of
2014 concerning Regional Government stated that the principle of regional autonomy uses
the principle of autonomy to the broadest, real and responsible. With this principle that the
implementation of regional government since the era of regional autonomy reform has not
been an independence from the organizer of the district / city regional government. What is
meant by the principle of broadest autonomy is that the regions are given the authority to
administer and regulate all government affairs outside those which are the affairs of the
Central Government. Regions have the authority to make regional policies to provide
services, increase participation, community initiatives and empowerment aimed at improving
people's welfare. In PP No. 38/2007 concerning the distribution of government, provincial
and district / city government functions, article 6 paragraph 2 "governmental affairs are
divided into compulsory and optional affairs. Article 7 paragraph 2 "Obligatory affairs
carried out by the regional government there are 26 fields including: Education, health,
environment, public works, spatial planning, development planning, housing, youth and
sports, investment, cooperatives & SMEs, population and civil registration, employment,
food security, women's empowerment, family planning, transportation, communication and
information, land, national and political unity, community and village empowerment, social,
cultural, statistics, archives and libraries. Article 7 paragraph 4 "is a matter of choice,
including: marine and fisheries, agriculture, forestry, energy and mineral resources, tourism,
industry, trade, immigration. While the principle of real autonomy is a principle that to
handle government affairs is carried out based on the duties, authorities and obligations that
actually exist and have the potential to grow, live and develop in accordance with the
potentials and specificities of the region. Thus the contents and types of autonomy for each
region are not always the same as other regions. What is meant by responsible autonomy is
autonomy which in its implementation must be truly in line with the purpose and purpose of
granting autonomy, which is basically to empower the regions including improving people's
welfare which is a major part of the national goal.

Along with that principle, the implementation of regional autonomy must always be oriented
to improving the welfare of the community by always paying attention to the interests and
aspirations that grow in the community. In addition, the implementation of regional
autonomy must also ensure harmonious relations between the regions and other regions,
meaning that they are able to build cooperation between regions to improve mutual prosperity
and prevent disparities between regions. The important thing is that regional autonomy must
also be able to guarantee a harmonious relationship between the regions and the Government,
meaning that it must be able to maintain and preserve the integrity of the country's territory
and the establishment of the unitary state of the Republic of Indonesia in order to realize the
country's goals.

Agar otonomi daerah dapat dilaksanakan sejalan dengan tujuan yang hendak dicapai,
Pemerintah wajib melakukan pembinaan yang berupa pemberian pedoman seperti dalam
penelitian, pengembangan, perencanaan dan pengawasan. Di samping itu diberikan pula
standar, arahan, bimbingan, pelatihan, supervisi, pengendalian, koordinasi, pemantauan dan
evaluasi. Bersamaan dengan itu, Pemerintah wajib memberikan fasilitasi berupa pemberian
peluang, kemudahan, bantuan, dan dorongan kepada daerah agar dalam melaksanakan
otonomi dapat dilakukan secara efisien dan efektif sesuai dengan peraturan perundang-
undangan.

Later discourse reappeared to restore the system of local elections from direct elections, back
to the old system, which was elected by members of the DPRD. The Minister of Home
Affairs Cahyo Kumolo said, the simultaneous local elections are mandated in Law No. 10 of
2016 concerning the Election of Governors, Regents and Mayors

the discourse is to respond to the solution to the lack of elections in 2016 and the problems
that have arisen during the election process ..

If the government wants to revise Law No. 32 of 2004 and this has referred to a new
regulation, namely Law No. 23 of 2014 concerning Regional Government, that the holding of
local elections simultaneously is seen from an effective political context, but if viewed from
an economic aspect it is ineffective because it burdens the state budget and could possibly
suck up Regional budgets with this can restore the regional head election system through the
DPRD again, this is a step that is backward and in a hurry.

First, it is still too premature to conclude that the direct election is considered to be a failure
and must be returned to the regional head election through the DPRD. An ideal system will
not be immediately perfect, there are many shortcomings in implementation, the government
should think of ways to do the system reconstruction through improvement.

Second, if the budget for direct elections is the problem, why not find a solution regarding the
budget, ideas such as the simultaneous election can be considered by the government, of
course by not reducing the value and spirit of direct election democracy.

Third, the existence of the Constitutional Court's decision on independent candidates has
given positive results, given the increasing number of independent candidates who have won
direct election battles. So that the conventional method "through political parties" began to be
abandoned by prospective candidates.

Over time, this will spur political parties to reform in the recruitment mechanism of
prospective regional head candidates. A crucial weakness if the regional head election is
again conducted through the DPRD, is the dependence of the regional head with the political
parties and DPRD members who elect him, this makes the regional head a debt of gratitude
and is not fully sovereign, so that it is easily dictated by certain powers. Of course this system
also becomes a new "income" field for DPRD members. Whatever the shortcomings of the
direct election, the government still gives the people the sovereignty to elect their regional
heads directly and transparently.

Efficiency and effectiveness here can be obtained because regional autonomy emphasizes the
closeness of the government to provide public services to the community. In accordance with
Law No. 32 of 2004 which has been changed to Law No. 23 of 2014 concerning regional
governance, the efficiency and effectiveness of the administration of regional government
need to be improved by paying more attention to aspects of relations between regional
governments, regional potential and diversity, opportunities and challenges of competition.
by giving the widest possible authority to the Regional Government accompanied by granting
the rights and obligations of carrying out regional government in a unified system of state
government administration.
C. Conclusions

That the regional government and the central government are encouraged to realize
good governance, that is. The problem that must be handled by the regions is the
implementation of good governance, especially in the management of natural resources
which are the mainstay assets of regional development.

Urgency as soon as possible to discuss the concept of good governance for government
(especially local) in Indonesia is difficult to reject. One urgency is for the formation of a
responsible civil society on the one hand, and the creation of good governance on the other
hand.
REFERENCES

1. Supriyanto S and Damayanti NA, 2003, Planning and Evaluation, AKM FKM-Airlangga
University

2. Law of the Republic of Indonesia Number 25 of 2004 concerning the National

Development Planning System

3. Law of the Republic of Indonesia Number 32 of 2004 concerning Regional Government

8.- Bagir manan, "Relations between the center and the regions according to the 1945
Constitution.

- -------------------, "Historical Journey Article 18 of the 1945 Constitution, Unsika

Karawang.

9. Saleh syarif, "Autonomy and autonomous regions, ending Jakarta, 1953.

10. Amrah Muslimin, "Summary of the development of regional autonomy" Djambat

Jakarta 1958.