ARTIKEL PERAN DAN FUNGSI DPRD

diposkan pada tanggal 20 Mar 2011 00.48 oleh H.A. Suroto   [ diperbarui10 Apr 2011 10.40 ]

 Prof. H. Syahruddin, SE. MA. Werry Darta Taifur, SE. MA.

Faculty of Economics

Pusat Studi Kependudukan, Universitas Andalas

 

PERANAN DPRD UNTUK MENCAPAI TUJUAN DESENTRALISASI DAN PERSPEKTIF DAERAH TENTANG PELAKSANAAN DESENTRALISASI

(THE ROLE OF THE REGIONAL ASSEMBLY IN ACHIEVING THE OBJECTIVE OF DECENTRALIZATION

AND REGIONAL PERSPECTIVES IN THE IMPLEMENTATION OF DECENTRALIZATION)

Regional University Research

On Decentralization in Indonesia

Project 497-0357 / 204-000

Strategic Objective 1

ECG, USAID/Indonesia

Contract No. 497-C-00-98-00045-00

Center for Institutional Reform and the Informal Sector (IRIS) University of Maryland at College Park

July 2002

Laporan Penelitian

 

PERANAN DPRD UNTUK MENCAPAI TUJUAN DESENTRALISASI DAN PERSPEKTIF DAERAH TENTANG PELAKSANAAN DESENTRALISASI

 Oleh : Prof. H. Syahruddin, SE. MA. Werry Darta Taifur, SE. MA.

Kerjasama : IRIS Indonesia dengan Pusat Studi Kependudukan Universitas Andalas Padang 2002


Abstract

THE ROLE OF THE REGIONAL ASSEMBLY IN ACHIEVING THE OBJECTIVE OF DECENTRALIZATION AND REGIONAL PERSPECTIVES IN THE IMPLEMENTATION OF DECENTRALIZATION

 In order to strengthen the regional institutions on fiscal decentralization, IRIS presented a series of workshops in collaboration with LPEM - FEUI in Jakarta. The Workshops are followed by a number of research projects done by the participants from different regions in Indonesia. The role of DPRD (Regional Assembly) will be very important, according to our point of view, in the implementation of law 22/1999. Beside that, we also want to know the perspective of Government Officials (GO) including members of DPRD, and NGOs, which consist of non-formal leaders, local business leaders and informed academics, on the new law of decentralization.

What is the role of DPRD in the new law? Is there any ability of Regional Council (Assembly) to implement the new law properly? What is the perspective of GO including members of DPRD and NGO on the implementation of the law? These are our research questions that we would like to answer in this study. Available information such as the law, the government regulation, the regional regulation, and the issues currently published in the national and local newspaper is used to answer the first and the second research  question.  Primary  data  from  51  respondents of  non-formal  leaders,  local business leaders and in formed academics in West Sumatra Province and six regions (Kabupaten and Kota) in West Sumatra is used to know the perspective of GO and NGO. These regions are called as sample areas.

Implementation of democracy based on Pancasila is the responsibility of DPRD as people representative at regional level as we examine overall of law 22/1999. This conclusion is supported by the words in the preamble, substance of the law and its explanations. The word of democracy and public participation is mentioned twice in the preamble and also twice in the substance of the law. The first is mention in article 16 and second is mention in article 22. In its explanation, we are able to find three word of democracy  together  with  the  words  of  empowerment  of  the  society  and  public aspirations. It is exactly mentioned in its explanation that the rights (hak-hak) of DPRD is directed to absorb public aspiration in order to be used for making public policies by the executive. Empowerment of DPRD as people representative is measured by how much public policies determined by public aspiration. Hence, the society or the people play an important role in the new law (Law 22/1999) compared to the old law (Law 5/1974).

A number of PP (government regulation) and instructions of Ministry of Home Affairs have been published as guidance to the implementation of the new law mainly to increase the role of the people in public policies. Fiscal decentralization is our interest, because it is related to the financial aspect of the government organization and it is a crucial point to increase welfare of the people.

All the regulations on fiscal decentralization seem to support implementation of democracy. New regulation introduces the concept of performance approach to prepare APBD. Performance indicator is needed to assign expenditure on a certain project or program based on Presidential Instruction 7/1999. It is highly positive correlation with the five norms and principles established by Ministry of Home Affair every year as a guide to prepare APBD. It is known as SE (Surat Edaran) Ministry of Home Affair and for APBD2001 that was SE-903/2735/SJ dated 17 November 2000.

The study concluded that the G.O -- whether government official or members of DPRD -- are formally faithful to the state’s laws and regulation. They are used to say that they obey all guidance in preparing APB 2001. But, in reality, they do not. The system and procedure of preparing APBD 2001 is still similar to what they did for APBD 2000. They  never  implemented  the  principle  of  efficiency  and  effectiveness  in  2001 expenditure allocation. They seem to be confused about the meaning of transparency and accountability. The roles of public hearing vary according to what policies are to be taken: it tends to be small for approving APBD but it is important in approving others Regional Regulation (Perda) such as Perda Kembali Kenagari, Perda Pekat etc.

The behavior of G.O. seems to be similar to what have been done at national level before the period of decentralization. There is an indication to be worse in 2002. The indication can be seen from the behavior of DPRD. They do not care about public aspiration. DPRD of West Sumatera Province did not obey budgeting discipline (disiplin anggaran). They  used  executive budget,  which  entitle  “others”  for  their  need.  The amount was Rp 364 million in the APBD 2001. They received the amount of Rp 270 million from PT. Semen Padang. The money is used for the day of celebration at the end of fasting month. DPRD allocated also the amount of Rp. 300 million in APBD 2002 for PT. Semen Padang spin-off. DPRD Kabupaten Solok adapted such behavior.

They went to Kabupaten Sawahlunto Sijunjung just to know how to increase their income from APBD. This perception was similar to what we found from primary data collected from 51 respondents of G.O.

It is still difficult to summarize 

the perceptions of NGOs, which are represented by  59  respondents. It  can  be  seen  from  the  presence  of  the  respondents at  the discussion (meeting) in  order  to  collect  primary  data.  Even  though  the  number  of respondents was small, the primary data showed that there was no any significant change in the public services given by Regional Government in the period of decentralization.

Controlling function is a weak point in the implementation of the new law based on law 22/1999, even though the regulation was established (PP 20/2000 and law 34/2000). The central Government has the power to cancel any Regional Regulation (Perda), decision of Kepala Daerah, decision of Ketua DPRD, and other related decision if such decision or policies against public need. If such power do not be implemented properly soon, we do believe the objectives of decentralization will not be achieved sooner or later.

Another problem is the need for detailed implementation guidance. Most of the regulations and guidance are still general, they are not operational yet. They need explanation or analysis before the regulations and quidance can be operationalized. If there  is  an  honest  intention  to  operationalize  general  regulation,  the  regional Government is able to work together with the university staff or the NGO if they have an expert to do the job.

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