Regional Administrations Want More Involvement in Omnibus Bill Deliberation
›
Regional Administrations Want ...
Iklan
Regional Administrations Want More Involvement in Omnibus Bill Deliberation
Several stipulations in the omnibus bill on job creation will takeover of some regional administration authority. Deliberation on these stipulations must be done carefully to prevent disappointment across regions.
By
KOMPAS TEAM
·4 minutes read
JAKARTA, KOMPAS – The omnibus bill on job creation will lead to the central government taking over some of regional administration’s authorities. Regional administrations are requesting in-depth deliberation and research on this plan.
Regarding Article 170 of the omnibus bill, which stipulates that government regulations (PPs) can be used to amend bylaws, Law and Human Rights Minister Yasonna Laoly has said that the wording may have been mistyped.
Kompas’ investigation into the omnibus bill on Monday found that it would enable the central government to take over regional administration authority in issuing slaughterhouse permits and in environmental protection and management.
The final and binding MK ruling stipulates that the authority to revoke perda resides in the Supreme Court (MA).
Furthermore, a Regional Autonomy Watch (KPPOD) study shows that several other articles in the omnibus bill, namely articles 163, 164 and 166, must be reviewed as their construction of the regional administration contradicts the constitution, the concept of regional autonomy and other laws.
Article 166, for instance, stipulates that presidential regulations (perpres) can be used to revoke regional regulations (perda). This contradicts Constitutional Court (MK) ruling No. 56/PUU-XIV. The final and binding MK ruling stipulates that the authority to revoke perda resides in the Supreme Court (MA).
West Java Governor Ridwan Kamil said in Bandung on Monday that he had yet to have any discussion with the central government on the omnibus bill on job creation. He said that his administration would be waiting for such a discussion.
Central Java Governor Ganjar Pranowo said that any reassignment of authority from the local to central government should be deliberated openly, simulated and approved collectively by all relevant parties. The simulation is important to examine the speed and effectiveness of such a centralization of authority.
“If, based on analyses, calculations, studies and simulations, the policy is deemed [to speed up investment process], I will not object to it,” he said.
South Sumatra Governor Herman Deru also said that he would not object to the centralization of government authorities if it meant a quicker investment process. “What is important is that regions will not be left behind,” he said.
I will not object to it
However, Institute of Public Administration (IPDN) professor Djohermansyah Djohan said that a recentralization of government authorities would contradict the Reform Era’s spirit of decentralization. If the central government did this haphazardly, it could lead to widespread disapproval across regions.
KPPOD executive director Robert Endi Jaweng said that central-regional relations were not about delegating authority from a higher power to a lower one. Instead, they were about delegating certain matters to local governments. “The omnibus bill on job creation seems to wish to bypass all norms and give the President power to manage local matters. This is a reversal of regional autonomy,” Robert said.
House of Representatives deputy speaker Azis Syamsuddin, a member of the Golkar Party, said that the House would ask for clarification from the government regarding the plan to revoke perdas through the use of PPs during the deliberation on the omnibus bill in the House.
Typo
Apart from the recentralization of authority, Article 170 may also lead to polemic. The article stipulates that PPs can be used to amend bylaws.
Yasonna said that there might have been a typo in the article. When reporters asked him whether the article was mistyped, he confirmed. “Yes. It is not possible for PP to revoke bylaws,” he said.
According to Yasonna, the mechanism would be used to revoke perdas. This way, perdas will follow higher-level regulations.
However, Coordinating Economic Minister Airlangga Hartarto said that there had been misunderstanding of the article. “It has been widely misread,” he said.
The deliberation in the House can be dynamic
Office of Coordinating Economic Minister secretary Susiwijono said that Article 170, in its essence, still respected the role of the House and upheld principles of democracy. This was because government regulations (PPs) were issued after consultation with the House.
“If a bylaw must be amended, it needs time and a process, including changing the national legislation program and deliberating with the House,” Susiwijono said.
Airlangga told reporters that articles in the omnibus bill on job creation might still change during deliberation with the House. “The deliberation in the House can be dynamic,” he said.
In parallel with the deliberation, a public information campaign on the bill will also be carried out. Airlangga said the government had held meetings with representatives of all labor unions.