Decentralization of Forest Administration in Indonesia, Implications ...

John McCarthy, Christopher Barr, Ida Aju Pradnja Resosudarmo, and Ahmad Dermawan 53
district and municipal governments – which were given far-reaching authority “to
govern and administer the interests (kepentingan) of the local people according to
their own initiatives, based on the people’s aspirations, and in accordance with the
prevailing laws and regulations.” By contrast, Law 32/2004 articulates not only areas
where regional governments can exercise autonomy, but also areas where they are
expected to engage in ‘co-administration’ (tugas pembantuan) functions, together
with governments at other levels. 23
Directly related to this, Law 32/2004 seeks to clarify not only the rights and
authority of governments at each level of Indonesia’s administrative apparatus, but
also the respective roles and obligations of those governments. Embedded in this
redefinition of roles, rights, and responsibilities is a reinstatement of a significant degree
of hierarchy within Indonesia’s state apparatus. In particular, Law 32/2004 gives the
central government far-reaching authority to influence and control the activities of
regional governments at each level – and, in doing so, effectively advances a process
of recentralization. Specifically, Law 32/2004 reaffirms the status of provincial
governments – which were defined under Law 22/1999 to be autonomous regions –
as arms of the central government with significant deconcentration functions. In this
capacity, provincial governments are also given expanded powers vis-à-vis district
and municipal governments, as compared to the rather peripheral role assigned to
them under the 1999 Regional Governance law.
Moreover, the President is given the authority to dismiss the Heads of Region
– including Governors (at the provincial level), Bupatis (at the district level), and
Mayors (at the municipality level) – or their assistants, without seeking approval
from the regional legislature, under any of the following circumstances:
• If the Head of Region is convicted of a criminal act carrying a penalty of at least 5
years in prison (Art. 30); 24
• If he/she is accused of engaging in corruption, terrorism, treason, or criminal acts
undermining national security (Art. 31); 25
• If convicted of treason or other acts that can lead to the disintegration of the Unified
Republic of Indonesia (Art. 31).
By contrast, the DPRD at each level is authorized to replace the Head of Region,
or his/her assistant, only if he/she dies; if he/she resigns; if his/her term has ended;
or if he/she is unable to fulfill the duties of office for a period of six continuous
months.
On a more routine basis, Law 32/2004 gives the central government considerable
authority to supervise and monitor the decisions, policies, and regulations adopted
by regional governments at each level. The explanatory notes to Law 32/2004 state
that such oversight by the central government is needed to “guarantee that regional
governments operate in accordance with the plans, regulatory decisions, and [national]
laws that are in effect.” The law specifies a two-tiered system through which this
supervision and monitoring will be carried out: the Minister of Home Affairs is
authorized to review policies and decisions made by provincial governments;
and Governors – in their capacity as representatives of the central government
– are authorized to review policies and decisions made by district and municipal
governments within their jurisdictions.