5 Proposed Regulations Overlapping in Their Arrangements

In accordance with the 2013 National Legislation Program (Prolegnas), currently the DPR RI commission is discussing several draft laws, including the Pilkada Proposed Regulations, the Pemda Proposed Regulations, the Proposed Regulations on Financial Relations between the Central Government and Regional Governments (HKPD), the Village Proposed Regulations, and the Apparatus Proposed Regulations State Civilian (ASN).

Decentralization provides welfare guarantees? It doesn’t necessarily depend on how the regional government manages its authority, funds, and bureaucratic human resources. This was stated by the Executive Director of PATTIRO (Regional Research and Information Center) Sad Dian Utomo in a discussion on the Harmonization of the Regional Government Proposed Regulations, the ASN Proposed Regulations, the HKPD Proposed Regulations, the Village Proposed Regulations, and the Pilkada Proposed Regulations, at the Alila Hotel, Jakarta, Thursday (2/5)

He said, to ensure that these three things could provide and support the expected decentralization system, PATTIRO conducted a harmonization study of the 5 Proposed Regulations.

The results of the PATTIRO study found that in the Proposed Regulations on Financial Relations between the Central Government and Regional Governments (HKPD), the special allocation fund (DAK) will only fund three sectors, namely education, health and infrastructure. Meanwhile the Regional Government Proposed Regulations stipulates 13 basic services, namely education, health, environment, public works, food security, population administration and civil registration, population control and family planning, social affairs, labor, public housing, public order and peace, and community protection , communication and protection.

Apart from that, he said, PATTIRO also found that the Regional Government Proposed Regulations and the Village Proposed Regulations do not explain village authority if it is raised by the division of functions between levels of government. “In this case, there is an inconsistency in the regional government Proposed Regulations, namely the implementation of central government affairs which uses the deconcentration principle is instead funded using a balancing fund. This inconsistency was even continued in the HKPD Bill which no longer regulates regarding deconcentration funds,” he said.

Furthermore, he explained, PATTIRO also found that there was funding for the duties of the governor and the governor’s apparatus as representatives of the central government which was funded by a balance fund, which made their duties as representatives of the central government ineffective due to the lack of budget support. “The delay in setting the APBD is still threatening even though the Regional Government Proposed Regulations has anticipated it by penalizing the postponement of regional head and DPRD salaries for provinces that are late in setting APBD,” he explained.

He added that the Pilkada Proposed Regulations also stated that Pilkada funding would be borne by the regional budget. “KPUD (Regional General Election Commission) is a vertical agency. Therefore, Pilkada funding should be through a deconcentration fund mechanism,” he added.

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