Research

Critical Studies and Advocacy on The Revised Draft of Law No. 32/2004” about Local Government with Consolidation Based of Civil Society Organization Network

The process of Law 32/2004 revision has been going on since 4-5 years ago. In connection with the escort of Law 32/2004 revision, several agencies and civil society groups engaged in decentralization, local autonomy, local governments and local financial join in a working group called the Working Group of Regional Autonomy (Pokja Otda), consisting of 6 agencies namely Komite Pemantau Pelaksanaan Otonomi Daerah (KPPOD), Forum Transparansi Anggaran (FITRA), Pusat Studi Hukum dan Kebijakan (PSHK), YAPPIKA, Urban and Regional Development Institute (URDI) dan Yayasan Inovasi Pemerintahan Daerah (YIPD). Pokja Otda consideres important for escort and advocacy revision of Law 32/2004 to be in line with other civil society initiatives and consolidation transformation issues that will be driven in the local governance. Pokja Otda become a collaborative media of civil society which is believed to be effective, in which elements of CSO in it, is also a group who oversee other law-related Law 32/2004 revision.

 

The general objectives of this program are: (1) Consolidation of idea and input from civil society to the draft of Law 32/2004 revision in framework of a Working Group of Regional Autonomy, and (2) Deliver critical aspiration by Working Group of Regional Autonomy to the revised draft of Law 32/2004. The specific objectives of this program are: (1) Review the strategic issues in the revised draft of Law. 32/2004 are grouped into three main topics, namely (i) the Authority and Centre-Regional Relations, (ii) Political Representation and Community Participation, and (iii) Public Services and Regional Development; and (2) formulate suggestions for improvement substance related to strategic issues in the revised draft of Law. 32/2004.

Some activities undertaken by Pokja Otda in this year are:

1) Analytical Studies

Pokja Otda conduct analytical studies on strategic issues of revised draft of Law. 32/2004. In this case, URDI conduct a study for issue of Regional Development Planning, Urban Areas, and Special Areas. The output of this analytical study is the policy briefs for each issues, the position paper which is a summary of all analytical studies on the regional autonomy issues that escorted by Pokja Otda on Revised Draft of Law about Local Government, and DIM of Draft of Law about Local Government on Pokja Otda version. This analytical study is an activity that has been carried out since last year, and this year was the finalization of three forms of output with attention to inputs from several activities that have been carried out by Pokja Otda.

2) Public Consultation

Public Consultation is chosen method to socialize the results of analitycal studies against the Revised Draft of Law 32/2004 and also as a means to obtain input from the community/public. The objectives of Public Consultation are to: (i) Explain Pokja Otda’s opinion of the issues that escorted by Pokja Otda on Revised Draft of Law about Local Government; (ii) Solicit and confirm input on these issues. Public consultation carried out on a regional basis in Western Indonesia region and Eastern Indonesia region to obtain direct feedback and practical experience Of Local Government and CSO that working within the framework of decentralization and regional autonomy issues. This year, Public Consultation held on February 14, 2013 in Eastern Indonesia region, namely Makassar, the discussion focus on Regional Cooperation, Regional Innovation, Development Planning, and Public Service. The participants are Representative of Province Government of South Sulawesi and Local Government in South Sulawesi Province, Academics from Universities in South Sulawesi Province, CSOs which engaged in local governance, local and national media.

3) Focus Group Discussion

FGD was conducted to capture the common issues that need to be advocated in the revision of Law 32/2004. This FGD is the second FGD by Pokja Otda which has carried out since May 2012. This FGD held on March 15, 2013 at Hotel Salak Boutique The Heritage, Bogor. The participants of FGD is Pokja Otda, while the resource persons are Nur Hidayati (Head of Advocacy and Campaign Department, WALHI), Roy Salam (Senior Researcher, IBC) and Iskandar Saharudin (Researcher, PATTIRO). The FGD begins with a presentation from representative of Pokja Otda, Reslian Pardede (YIPD), she explained about Regional Innovation on the Revised Draft of Law about Local Government, and Hadi Prayitno (FITRA), he explained about Regional Finance on the Revised Draft of Law about Local Government. Then continued with the presentation and responses from resource persons, among others Nur Hidayati (WALHI) explained about local authority for natural resources management, Roy Salam (IBC) provide response related to regional finance on the Revised Draft of Law about Local Government, and Iskandar Saharudin (PATTIRO) explained about local governance, particularly in relation to the provincial authority. After the presentations, the event is followed by a discussion and question-answer.

4) Media Briefing

Media Briefing with theme “Local Development Plan” is presented by URDI held on April 14, 2013 at Bakoel Cofee Cikini, Jakarta. Some of the media are invited to this event, such as Kompas, Tribunnews, Berita Satu, etc. In this event, Wahyu Mulyana (Director of URDI) explained that arrangement of local development plan on Revised Draft of Law about Local Government still limited to procedural aspects, and have not been touched quality improvement for more effective and quality. In addition, there are four factor why local development plan become not effective: (i) no integration between planning and budgeting causing deviations between plan and implementation; (ii) lack of community participation in the planning and budgeting process; (iii) absence of a program or activity plan priorities which clear and measurable; and (iv) inconsistencies in local development plans with the change of regional head in some region. Pokja Otda suggested to add substance of capacity building for local government in local development planning that has quality, consistency of planning and budgeting through  synchronization of planning and budgeting process by involving Local Parliament, as well as integration RKPD, KUA and PPAS in one document.

5) National Public Consultation of Revised Draft of Law about Local Government

This activity is cooperation between UNDP-PGSP, TIFA Foundation and Pokja Otda. Public Consultation in the form of workshop has the following objectives: (i) Explain the view of Pokja Otda to againts Revised Draft of Law about Local Government; and (ii) Solicit and confirm input on several issues of concern to Pokja Otda. The theme of Public Consultation consists of six issues, there are Province Authority, Regional Finance, Development Planning, Public Service, Regional Innovation, and Local Legislation. While on limited discussion, the theme are Province Authority, and Integration Local Development Plan with Local Budgeting and Finance. This event held on April 23, 2013 at Haris Hotel, Jakarta. The participants are representatives of Province Government of DKI Jakarta, South Sumatera, South Sulawesi, Bangka Belitung, Gorontalo, NTT, academics from universities, , CSOs which engaged in local governance, local and national media.

From this Public Consultation, Pokja Otda obtained good response such as criticism, support, problems, or suggestions for improvement related to three issues contained in the Revised Draft of Law about Local Government, there are:  Strengthening Governor as a Central Government Representative vs Constitution, and Integration between Development Planning and Regional Finance on parallel discussion. Pokja Otda also socialize critical input from Pokja Otda to Revised Draft of Law about Local Government for issues of regional innovation, regional cooperation, public service, community participation and supervision of Regional Law as part of advocacy effort against Revised Draft of Law about Local Government.

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