<strong>Local</strong> Policy-<strong>making</strong> Mechanismsmembers of parliament consecutively presentintroductory notes, perspectives, commentsand responses from the first three sessions. Thelast two plenary sessions are devoted to thepresentation by a special committee of agreedamendments to the draft and the <strong>making</strong> of afinal decision.What follows is our analysis of how thedistrict’s regulation formulation process tookplace, partly from the point of view of publicparticipation:1. Policy DraftingWe found that, in reality, when the threeregulations were drafted the District <strong>Forest</strong>ryand Estate Crops Office (Dinas Kehutanandan Perkebunan, dishutbun) simply adoptedregulations from the neighbouring districts ofBatanghari and Tebo 43 . The wholesale adoptionof local regulations from other districtsprovided little opportunity for Tanjabbarstakeholders to take part in articulating theiraspirations, commenting on and informing the<strong>policy</strong> process from an early stage. The firstdraft reflected the conditions and aspirations inanother district, which may entirely differentfrom local communities’ needs in Tanjabbar.Three officials from the District <strong>Forest</strong>ryand Estate Crops Office met on three occasionsto discuss the draft. There was no considerationduring these meetings of the substance or howto implement the draft regulation. Havingadopted a neighbouring district’s <strong>policy</strong>, it ispossible these officials considered it legallysound and practicable to implement. In theevent they made only slight adjustments – tonames, places and tariffs.There is no budget allocated to legal draftingfor District <strong>Forest</strong>ry and Estate Crops Officestaff, nor are there any initiatives to providetraining in legal drafting. This lack of supportand training was another reason why localstakeholders felt that the consultation processhad never been optimal. Likewise, since thedistrict legislation programme, or ProgramLegislasi Daerah, has not begun, the processof formulating draft regulations did not accordwith any of the directions set out in the BroadOutlines for District Policies (GBHD), thedistrict development programme (Propeda),or the guidelines for the District Strategic Plan(Renstra).2. Policy SynchronizationDuring the <strong>policy</strong> synchronization phase stafffrom the District <strong>Forest</strong>ry and Estate CropsOffice held discussions with staff from theLegal Bureau (biro hukum) of the districtgovernment secretariat. These discussions weregenerally limited to wording and legal normswithin the bill. This stage did not establishthe legal background, purposes and principlesthat should have formed the basis of the draftregulation. The Legal Bureau determined whoshould be invited to these meetings, and theywere not always attended by officials with anyprofessional expertise in the <strong>policy</strong> area underdiscussion. This phase provided little or noroom for public consultation.To date, only university experts have beeninvited to these discussions. Communityrepresentatives who will be directly affected bythe <strong>policy</strong> outcomes have never been involved.The forestry drafts were then passed forwardto the District Head, who submitted them tothe district parliament for deliberation. TheExecutives submitted between 16 and 39 draftdistrict regulations to the parliament, each withan introductory note from the District Head.As the parliament received district regulationsin ‘packages’ like this, it limited the qualityand quantity of time they could invest indeliberating each regulation.3. The Pre-Hearing SessionA local parliamentary committee (Pansus)now sets the agenda for deliberating the draftdistrict regulations. This phase should haveprovided the first opportunity for the public toparticipate. However, large numbers of draftswere submitted together and there was noclear time allocation for discussing each draft,therefore it was difficult for members of thepublic to have their say on any particular draft.Copies of the draft regulations were sent out tomembers only after the committee had already22
Sudirman, Dede Wiliam and Nely Herlinaset the agenda. This made it difficult for anymember of parliament outside the committeeto review the drafts, and even more difficult formembers of the public to review them or evenknow when an issue might be discussed inparliament. Table 8 shows the time allocationset by the committee for discussing andadopting 16 draft regulations.It is hard to see how all 16 draft regulationscould be deliberated and passed in such atight schedule. Do individual members havethe right to reject the committee’s decision todeliberate all draft regulations as one package?Can they appeal for additional time to considerimportant regulations? These questions relateto the role of the district parliament membersas representatives of the local communityat large. As local people’s representatives,they should be entitled to raise objectionsconcerning decisions that do not take accountof the people’s aspirations.4. The HearingThe final hearing took place in the localparliament. The draft of District Regulationson IPHH and RHH 44 were deliberated andadopted simultaneously with 14 other draftregulations 45 . The final hearing comprised fiveplenary sessions:a. Plenary Session IThe District Head submits introductory notesfor each proposed draft regulation. Ideally,the introductory note should include thebackground, purpose, scope and principlesof each draft. This is beneficial for severalreasons: (1) it demonstrates that the policiesput forward have gone through serious studyand investigation; (2) parliamentary members,or factions, can immediately make generalobservations (support, questions or rejections)regarding the substance of the regulation; and(3) it avoids the impression that the process ofdeliberating a draft regulation is nothing morethan a formality. However, the District Headdid not include any detailed information in theintroductory notes (see Annex 1). This madeit difficult for local parliamentary members tounderstand the main ideas behind the proposeddrafts.The first plenary session, on 16 October 2002(see Table 8 above), was chaired by TanjabbarDistrict Parliament Chair and attended by:i) 32 out of the 40 members of parliament;ii) members of the Tanjabbar LeadershipForum (Muspida) 46 ;iii) the heads of the district governmentoffices/agencies;iv) heads of Tanjabbar Government SecretariatBureaux;v) directors of district-owned companies(BUMD) in Tanjabbar 47 .According to the notes of the plenarysession, no village representatives or localcommunity members from forested areas werepresent at these sessions, although they werethe stakeholders most relevant to the issuebeing discussed.No one who attended the plenary sessionreceived copies of the proposed drafts prior tothe meeting. From a democratic perspective,the people present at these sessions shouldreceive at least basic information concerningTable 8. Schedule of Plenary Sessions to Discuss 16 Draft Regulations in TanjabbarStage Date Time ActivityPlenary Session I Monday, 16.10.2002 09:00 Submission of introductory notePlenary Session II Monday, 21.10.2002 09:00 General observations by the factionsPlenary Session III Thursday, 24.10.2002 09:00 Response of the District Head to the generalobservationsPlenary Session IV Thursday, 28.11.2002 09:00 Presentation of the report of the special committeePlenary Session V Thursday, 2.12.2002 09:00 Final general observations, adoption of the 16district regulations, closing remarks from the DistrictHead23
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