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Local Government in Asia and the Pacific: A Comparative Study

Country paper: Indonesia

  Description of the Country
  Evolution of Local Government
  Local Government Categories
  Local Government Functions
  Local Government Finances
  Personnel Systems
  Central-Local Links
  Public Participation
  The Way Ahead


Brief Description of the Country and its National/State Government Structure

Demography

In terms of population, Indonesia is the fifth largest country in the world, consisting of more than 17,000 islands. The country's population based on the 1990 census was almost 180 million people. This number is expected to reach 258 million by the year 2018 at the end of the country's second long-term development plan (1993-2018). There are two problems associated with this. Firstly, most of the country's population lives on Java and Sumatra. Secondly, the other islands, comprising the largest land area of the country, are only inhabited by less than 20 per cent of the total population.

Table 1. Population Trends

Islands 1990 2018
Total Urban Total Urban
Million % Million % Million % Million %
Java 107.50 60.02 36.70 67.09 144.05 55.79 81.23 60.53
Sumatra 36.40 20.32 10.20 18.65 58.40 22.61 33.32 24.83
Kalimantan 9.10 5.08 2.50 4.57 16.47 6.38 5.15 3.84
Sulawesi 12.15 6.98 2.70 4.94 18.67 7.23 8.15 6.07
Others 13.60 7.59 2.60 4.75 20.63 7.99 6.36 4.74
Total 179.10 100 54.70 100 258.20 100 134.20 100

Source: Central Bureau of Statistics

The population of Indonesia is increasingly urban. In the 1961 census the urban population of the country was little more than 17 per cent; in the 1990 census, urban population has increased to 30 per cent. It is estimated that by the year 2000 urban population will increase to some 40 per cent and that by the year 2018 it will be more than 51 per cent of the total population. This urban population will be living in various metropolitan areas (of which at present there are 6, whereas there would be 16 by the year 2018), e.g. in large cities, in medium cities and in small towns

Table 2. Estimated Number of Urban Settlements by Size (1990 and 2018)

City sizes Number of cities Population (million)
1990 2018 1990 2018
Metropolitan 6 16 14.10 45.01
Large 7 23 4.95 14.09
Medium 62 175 12.50 49.98
Small & Others 1237 1674 23.15 25.12
Total 1312 1888 54.70 134.2

Source: Central Bureau of Statistics

The increase in the proportion of people living in urban areas will pose a challenge in providing the needed urban infrastructures, new employment opportunities, etc. This is more so in the larger urban settlements than in the smaller ones. Generally speaking, the provision of infrastructure and services needed by the urban population of the country is still far from sufficient. Even in the urban areas part of the population (16 per cent) is still using kerosene rather than electricity for lighting.

Table 3. Percentages of Household and Living Conditions (1981-1989)

Access to facilities Indonesia Urban Rural
1981 1989 1981 1989 1981 1989
Lighting*

- Electricity
- Kerosene

Sources of water

- Pipe/pump
- Well
- Spring
- River
- Other

Toilet

- Private with septic tank
- Private no septic tank
- Shared
- Public
- Other (including none)

 

14.0
84.9

 

11.4
59.5
14.6
8.6
5.7

 

9.7
22.8
11.7
8.8
46.9

 

43.8
71.1

 

21.8
55.2
13.3
6.4
3.3

 

17.6
25.3
9.6
4.9
46.6

 

46.7
52.6

 

38.6
53.3
1.4
1.3
5.3

 

28.8
20.3
18.8
10.2
21.7

 

83.9
15.9

 

51.5
43.9
1.9
0.6
2.0

 

39.0
20.0
16.3
5.7
18.9

 

5.6
93.2

 

4.4
61.1
18.1
10.5
5.8

 

4.7
23.4
9.8
8.5
53.7

 

28.3
71.1

 

10.4
59.6
17.7
8.7
3.7

 

9.3
27.3
7.1
4.6
51.8

Source: National Committee for Habitat II, National Report for Habitat II, Twenty-Year Shelter Sector Review

The bulk of the country's gross domestic product is produced on Java and Sumatra. Some other islands seem to perform almost as well Java and Sumatra, if not better.

Table 4. Gross Regional Domestic Product by Province (in billions of Rupiah)

Province 1993 1994 1995 Growth rate %
Aceh
North Sumatra
West Sumatra
Riau
Jambi
South Sumatra
Bengkulu
Lampung
West Java
Jakarta
Central Java
Yogyakarta
East Java
West Kalimantan
Central Kalimantan
South Kalimantan
East Kalimantan
North Sulawesi
Central Sulawesi
South Sulawesi
South East Sulawesii
Bali
West Nusatenggara
East Nusatenggara
Maluku
Irian Jaya
East Timor
10,883.4
18,215.5
6,027.5
17,253.8
2,463.4
10,736.2
1,391.8
5,410.5
51,106.5
52,675.4
33,978.9
4,058.0
49,172.2
5,148.0
3,006.9
4,560.1
16,021.5
2,806.9
1,755.5
7,511.8
1,289.2
5,689.9
2,550.6
2,096.8
2,453.2
4,475.7
515.4
11,026.2
19,941.3
6,475.9
17,976.7
2,664.6
11,515.3
1,486.8
5,796.5
55,505.3
56,385.0
36,345.2
4,387.1
52,727.5
5,536.1
3,309.9
4,953.8
17,692.5
3,018.2
1,885.1
8,088.1
1,373.9
6,117.2
2,735.9
2,276.2
2,613.1
5,103.3
566.7
11,151.1
21,802.5
7,015.8
18,814.8
2,883.9
12,546.3
1,608.1
6,400.5
60,638.2
60,840.1
39,125.3
4,741.9
57,047.8
6,062.2
3,608.7
5,405.0
18,401.2
3,271.9
2,037.9
8,737.1
1,472.0
6,602.4
2,955.6
2,478.0
2,756.6
6,123.1
620.2
1.22
9.40
7.89
4.43
8.20
8.10
7.49
8.76
8.93
7.47
7.31
8.10
7.71
8.52
8.47
8.47
7.17
7.97
7.74
7.85
6.85
7.72
7.65
8.71
6.00
13.59
9.69
GDP 323,584.1 347,503.5 375,148.1 7.67

Source: Nota Keuangan dan Rancangan Anggaran Pendapatan dan Belanja Negara TA 1997-1998

National governmental and political structure

The Constitution of the Republic of Indonesia is usually referred to as the 1945 Constitution. The fundamental ideas of the Constitution are that the State is a unitary and seeks to realize social justice for all the people. Sovereignty is in the hands of the people, based on democracy and deliberation among the representatives to reach a consensus. The State is founded upon the belief in God, so that the government and other authorities are obliged to nurture the nobility of human character and hold fast to the moral ideals of the people.

The highest authority of the State is in the hands of Majelis Permusyawaratan Rakyat (MPR). This is a people's assembly that exercises the sovereignty of the people, determines the Constitution and guidelines of State policy and appoints a President and a Vice President to carry out that State policy. The Majelis is a representative body and its power is final. The President is the highest Executive of the government, in whom authority and responsibility are concentrated. The President acts in concurrence with the Dewan Perwakilan Rakyat (DPR) or the House of Representatives in making acts or laws and in determining the national budget. The President is not responsible to the Dewan, nor can he dismiss it. Both the President and the Dewan are responsible to the Majelis but the Dewan can control the President through the Majelis, since the members of the Dewan are ex officio members of the Majelis that can require the President to answer for his responsibility. Members of the Dewan comprise half the members of the Majelis.

The Dewan, which can be roughly equated with a Parliament, is an elective representative body, with a membership, in conformity with laws, composed of the representatives of the political parties as well as appointees of the armed forces. The other bodies, in addition to the President, with whom they have equal standing are the Supreme Court, the State Audit Board and the Supreme Advisory Council. They are subordinate only to the Majelis. The President forms and leads the Cabinet. The President, to whom they are responsible, appoints the Ministers who lead the ministries. They are not responsible to the Dewan, which cannot dismiss them. The Dewan, however, has the right to call the Ministers to answer members' questions about the conduct of the ministries. It can also hold a public hearing, in which professional experts can express their opinion on particular problems in front of the members of the Dewan. There are two types of Ministers: Ministers leading the technical or administrative departments (hereinafter referred to as ministries) and Ministers without portfolios or departments to lead (State Ministers).

Local government

In addition to the national government, article 18 of the 1945 Constitution also provides for the creation, maintenance and development of local governments in Indonesia and for the enactment of a local government act. The current law concerning local government in Indonesia is Act Number 5 of 1974, which is entitled Governance at Regional Level (hereinafter referred to as the Local Government Act of 1974). This title is intended to indicate that the territorial division and sub divisions of Indonesia are not only administered locally, but also nationally as well as jointly. The entire territory of the Republic of Indonesia is divided and sub divided with regards to the principle of deliberation and consensus in administration and the traditional rights of the regions that have a special character according to the Constitution. This last provision is concerned with the great diversity of people constituting the Indonesian nation. The different ethnic cultural groups not only have their own customs and dresses, but even languages, cultures and attitudes that vary from one part of the country to another. This diversity enriches Indonesia's unity.

The country is divided into autonomous entities and administrative ones in accordance with the provisions of article 18 of the Constitution. The autonomous entities are the manifestation of the decentralization principle, while administrative entities are the manifestation of the deconcentration principle. According to the provisions of article 1 of the Act, the decentralization principle is known as: "The transfer of responsibilities from the central or higher level government to the lower level government to have its own autonomous responsibilities". Local autonomy, on the other hand, is defined as: "The right, authority and responsibility of subnational entities to regulate and manage their own affairs". According to the same article, deconcentration is referred to as: "The delegation of responsibilities from the central government, the Governor, the Mayor or the Chief of the provincial and local offices of ministries to their officers at the subnational levels". Under the decentralization principle, two levels of autonomous entities are created: autonomous provinces and autonomous localities. These locality administrations are what we call local governments, while provincial administration is more associated with the administration of a region to which, the central government transfers some of its responsibilities or authorities. Every province except Jakarta is divided into a number of autonomous localities. Jakarta is a province and a special territory as it is the seat of the national government. Therefore, it is not divided into smaller autonomous regions or localities. Presently there are 27 autonomous provinces and 300 autonomous local governments.

Under the deconcentration principle, three levels of administrative regions are created: regions, County or Municipality and Districts. Thus the country is divided into regions, regions are divided into County and Municipality and County and Municipality are divided into Districts. The areas of autonomous provinces and local governments are necessarily identical to those of the regions and County or Municipality. Thus an autonomous province is necessarily an administrative region, while an autonomous locality is necessarily either a County or a Municipality. However, an administrative entity does not necessarily have to be an autonomous one. Thus there are several entities which are merely administrative County or Municipality. Jakarta, for example, is divided into 5 administrative Municipalities. Also, under the deconcentration principle, there are two other smaller entities. One is the so-called Governor, which is an administrative entity within a County. There are presently only 36 Townships in the country, so that not all the Counties in the country have a Governor in their area. The other is District. Thus the County is divided into regions, a region is divided into County and Municipality, a County is divided into a Governor (which itself consists of several Districts) and a number of Districts. A Municipality, on the other hand, can be only divided into Districts.

The government agency administering the administrative region is the regional government, while the one administering the autonomous province is the provincial government. The regional government consists of a Governor with a secretariat and the regional offices of central ministries. The provincial government, on the other hand, consists of the Governor with a secretariat and a number of departments as well as the provincial House of Representatives. The Governor of the administrative region is necessarily the Governor of the autonomous province. As the Governor of the administrative region, he is the representative of central government, while as the Governor of the province he is Chief Executive of the autonomous province. Thus, a Governor has double function. As the central government representative, his job is to supervise the working of the autonomous provincial and local governments in his region and to coordinate the regional offices of ministries.

The County Commissioner or the Mayor of a Municipality is also the Chief Executive of the respective autonomous local governments. As the representative of central government, his tasks include supervising the local government and coordinating the local offices of ministries, while as the County Commissioner or the Mayor of the local government he acts as the Chief Executive of his area. Meanwhile, throughout the country there are 3,605 Districts and 66,974 grass-roots divisions of which 61,924 are villages and 5,055 are urban villages. The first are rural subdivisions where old forms of democracy are still practised, while the second are city wards or suburban subdivisions part of Kelamatan.

Evolution of Local Government, its Legal and Political Background

Dutch era

The evolution of local government in Indonesia can be traced back to the era of Dutch Colonialism. The Dutch Decentralization Law of 1903 created local councils for the autonomous Residencies and Municipalities. Then with the Bestuurshervormingswet of 1922 the area of the country was divided into gouvernementen or provinces. In 1925 the Council for Residencies was abolished and replaced with the Council for Regencies. In addition to that the Council for Provinces was created. The first province established was the West Java (Jawa Barat) in 1926, East Java (Jawa Timur) in 1929 and Central Java (Jawa Tengah) in 1930. The Governor chaired the council of a province while the Regent chaired the Councils of the Regency (similar to a County). Meanwhile, the council of a Municipality was to be chaired by a Mayor. Under this act there were 76 Regencies and 32 Municipalities on Java and 13 Municipalities outside of Java.

Post independence era

Local Government Act 1 (1945)

The 1945 proclamation brought a new system of local government in Indonesia. The Constitution of 1945 provides for a local government system and makes it clear that local autonomy is one of the principles of governance in Indonesia. The article provides for the basic principle of the local government system: "With regards to the principle of deliberation and consensus in administration and with regards to the traditional rights of the regions that have a special character". The first of a series of laws enacted by the new republic was the Local Government Act Number 1 (1945), in which the following provisions were covered:

  • In each region a Local Board of the People's Representatives (BPRD) was formed;
     
  • The BPRD elects a Chief Executive of the local government;
     
  • The Chief Executive is both a central government officer as well as a leader of the local government;
     
  • Three levels of local government were created: Residency, County and Municipality.

Local Government Act 22 (1948)

  • Local government consisted of the House of Representatives and the Local Advisory Board (LAB);
     
  • The Local Advisory Board was headed by the Chief Executive;
     
  • The Local Advisory Board was responsible to the House of Representatives;
     
  • The Chief Executive was both a central government representative as well as a leader of the local government;
     
  • Three levels of autonomous local government were created: Province, County or Municipality and Village or Governor.

Local Government Act 1 (1957)

  • Local government consisted of the House of Representatives and the Local Advisory Board;
     
  • The local Chief Executive was the leader of the Local Advisory Board;
     
  • Three levels of autonomous local government were created: first, second and third.

Presidential Decree 6 (1959)

  • The local Chief Executive was both a local leader and a central government representative;
     
  • The local Chief Executive was not responsible to the local House of Representatives;
     
  • The local Chief Executive was to be assisted by the Daily Executive Board (DEB).

Presidential Decree 5 (1960)

  • The Chief Executive was also the chairman of the local House of Representatives;
     
  • The local government secretary was elected and appointed by the local House of Representatives.

Local Government Act 18 (1965)

  • Local autonomy was to be executed as extensively as possible;
     
  • The Chief Executive was the leader of the local House of Representatives;
     
  • The local Chief Executive was responsible to the President through the Minister of home affairs;
     
  • Three levels of local government were established: Province, County or Municipality and District or Governor.

Note: This act was never implemented because of a change in national government in September-October 1965 that changed the policies of the central government on local government.

Local Government Act 5 (1974)

  • Local autonomy was to be real and responsible local autonomy;
     
  • Local autonomy was focused on the local government level rather than on the regional government level;
     
  • Local autonomy should give priority to aspects of both harmony and democracy;
     
  • Local autonomy was aimed at increasing efficiency and productivity, especially in the execution of development process, providing public services and maintaining political stability as well as national integrity;
     
  • Both the decentralization and deconcentration principle were to be applied.

Local Government Categories and Hierarchies

Structure of local government

Local authority organizations consist of five components: the Chief Executive and his/her deputy (one to three at the provincial government and one or none at the county and municipal governments), the House of Representatives, the secretariat, the operational units and the planning agency.

Chief Executive

The Chief Executive of autonomous authorities for both the regional and local level (Governor, County Commissioner and Mayor) are elected by the House of Representatives of the respective autonomous authorities, according to the following procedures:

  • Political parties in the area suggest at least three and a maximum of five candidates who are acceptable to the House of Representatives. The respective House of Representatives to the Minister of Home Affairs forwards the list of candidates to the Minister of Home Affairs. If the Minister does not have any objection to the proposed candidates, the candidates are put into a vote in the respective House of Representatives. The result will be a ranking of candidates based on the number of votes collected by each candidate.
     
  • For the position of a governor of a province, the provincial House of Representatives through the Minister of Home Affairs submits the names of at least two candidates to the President. The President decides which one of them is to be appointed. That is to say, governors are appointed by the President at the recommendation of the Minister of Home Affairs from among the candidates proposed by the provincial House of Representatives. After Presidential Decree appointing the Governor issued, the new Governor will be sworn in by the Minister of Home Affairs in front of a special session of the provincial House of Representatives.
     
  • For the position of County Commissioner or Mayor, almost the same procedures are applied. The only difference is that the Governor of the respective region, the local House of Representatives and the Minister of Home Affairs will scrutinize the candidates proposed by the local House of Representatives. The Minister decides which one of them is to be appointed. That is to say, the County Commissioner and Mayor are appointed by the Minister of Home Affairs at the recommendation of the Governor from among the candidates proposed by the local House of Representatives. The respective Governor inaugurates the County Commissioner and Mayor.
     
  • The Governor, the County Commissioner and the Mayor are appointed for a term of five years and are eligible for immediate re-election and appointment for another term.

House of Representatives

According to the provision in article 13 of the Local Government Act (1974), the provincial government consists of the Governor and the provincial House of Representatives. Similarly, the local government consists of the County Commissioner (or the Mayor in the case of an autonomous Municipality) and the local House of Representatives. The House of Representatives, in concurrence with the Chief Executive of the respective autonomous entity (Governor, County Commissioner or Mayor), enacts provincial or local laws, including those defining provincial and local budgets. Provincial and local laws are only allowed to regulate matters that are covered in the responsibilities already transferred to the provincial and local governments by the central government, the so-called autonomous responsibilities.

Secretariat

The secretariat of an autonomous provincial or local government is part of the provincial or local government organization. Its main job is to assist the Chief Executive in running the administration of the provincial or local government and provide administrative supports for the whole provincial and local government administration. Its duties cover financial management, budgeting (in concurrence with the planning agency), personnel management, asset management, legal affairs and procurement. A provincial secretary heads the secretariat of a province and a local secretary of a local government. Similar to the Chief Executive who acts as central government representative in the region as well, the secretariat of an autonomous entity also performs the tasks of the secretariat of its respective administrative entity. Thus the secretariat of a province is also the secretariat of the region, while the secretariat of a local government is also the secretariat of the County or the Municipality.

Operational units

Executive elements of the provincial and local governments performing mandatory responsibilities of provincial and local governments that are transferred to them by the central government (i.e. autonomous responsibilities). Provincial and local laws regulate their duties.

Planning agency

The planning agency is a staff unit of the autonomous entity. There are a provincial and a local government-planning agency. The planning agency, however, using the responsibility of the Governor at the regional level to coordinate regional offices of ministries, also coordinates the planning activities of the regional offices of ministries. Thus the regional offices of ministries send to their respective ministries the development plans which are already coordinated at the regional level and are approved by the provincial-planning agency. Similarly, at the local level, the planning agency coordinates the planning activity of the local offices of ministries; only sectoral plans which have been approved by the local planning agency are sent to the regional offices of the ministries and finally to the ministries at central level.

Local Government Functions

Although to varying degrees, responsibilities that have been transferred (devolved) by the central government to local governments nationwide may cover parts of the following areas.

Agriculture government regulation 47 (1951)

Provision of seeds, agricultural tools, demonstration plots agricultural extension services, etc.

Animal husbandry government regulation 48 (1951)

Provision of animal markets, slaughterhouses, animal health services expert training, etc.

Fisheries government regulation 49 (1951)

Provision of demonstration projects, prevention and eradication of fish diseases through provision of medications and extension services with regards to fishery technology, the development of fishermen's communities, the management of fish trading in the region, etc.

Housing government regulation 6 (1958)

Allocation of housing for government agencies, para-statal organizations and non governmental organizations, the allocation of spaces for the processing of goods, the warehousing of vehicles and the stabling of animals.

Education and culture government regulation 65 (1951)

Provision of elementary school education including the selection of students, financing, administration, equipment, school buildings and yards, school employees including teachers, certification and library.

Social development government regulation 5 (1958)

Provision of homes for homeless children and babies, the placement of orphans into families, the provision of homes for homeless adults, disaster relief except national disasters, coordination of private and non-governmental organizations providing the above services.

Manpower government regulation 14 (1958)

Provisions for workers' welfare and the welfare for the unemployed.

Plantation government regulation 22 (1975)

Guidance and monitoring of large plantations in terms of technology and production, the promotion of investments in plantations, the control of land used for plantations as well as the development and guidance on rubber plantations by the people.

Public administration government regulation 8 (1963)

Assisting central government ministries in delivering basic necessities to the people.

State projects and enterprises government regulation 7 (1964)

State enterprises can be transferred to local governments to become local enterprises.

Forestry government regulation 64 (1957)

Provisions for the sale and distribution of forest products and their conservation.

Small industry government regulation 23 (1962)

Provisions for the promotion and development of small industries.

Tourism government regulation 24 (1979)

Provision and care of tourist sites, tourist guides, guesthouses, youth hostels, camping grounds, restaurants, bars, tourist areas, recreations and the promotion of local tourism.

Health government regulation 7 (1987)

Provision of welfare to mother and child, family planning, nutrition, hygiene and sanitation, community health extension, treatment of casualties, school health, mouth and teeth health, the provision of medical assistance, medical rehabilitation and care and the provision of medicines and medical equipment.

Public works government regulation 18 (1953) and 14 (1987)

Parts of government responsibilities in water resources, in road and highways and in human settlements including spatial planning.

Transport and traffic government regulation 22 (1990)

Speed limits, parking, traffic signs, pedestrian crossings, tariffs for public/local transports, public transport routes, operation permits for private public transport companies, etc.

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