GOVERNMENT REGULATION NO. 20/2001 DATED APRIL 27, 2001
THE FOSTERING OF AND SUPERVISION OVER
THE IMPLEMENTATION OF REGIONAL ADMINISTRATION
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering :
a. that since the regional administration constitutes a sub-system in the implementation of the state government, the fostering and supervision in the framework of maintaining the territorial integration and the existence of the Republic of Indonesia is necessary to realize the harmonious implementation;
b. that in order to realize the implementation of regional administration which is clean and free from corruption, collusion and nepotism, the implementation of regional administration needs fostering and supervision;
c. that in the framework of the fostering and supervision as meant in points a and b and the implementation of the provision in Article 112 of Law No. 22/1999 on the regional administration, it is necessary to stipulate a government regulation on the fostering of and supervision over the implementation of regional administration.
In view of :
1. Article 5 paragraph (2) and Article 18 of the Constitution of 1945;
2. Law No. 4/1999 on composition and status of People's Consultative Assembly, the House of Representatives and Regional Legislative Councils (Statute Book of 1999 No. 24, Supplement to Statute Book No. 3811);
3. Law No. 22/1999 on the Regional Administration (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3839);
4. Law No. 25/1999 on the Financial Equilibrium between the Central Government and Regions (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
5. Law No. 28/1999 on the State Administration which is Clean and Free from Corruption, Collusion and Nepotism (Statute Book of 1999 No. 75, Supplement to Statute Book No. 3851);
6. Law No. 31/1999 on the Eradication of Corruption Crimes (Statute Book of 1999 No. 140, Supplement to Statute Book No. 3874);
7. Law No. 25/2000 on National Planning Programs (Statute Book of 2000 No. 206);
8. Law No. 34/2000 on the Amendment to Law No. 18/1997 on Regional Taxes and Levies (Statute Book of 2000 No. 246, Supplement to Statute Book No. 4048);
9. Government Regulation No. 68/1999 on Procedures for the Implementation of Public Participation in the State Administration (Statute Book of 1999 No. 129, Supplement to Statute Book No. 3866);
10.Government Regulation No. 25/2000 on the Authority of the Central Government and the Authority of Provinces as Autonomous Regions (Statute Book of 2000 No. 54, Supplement to Statute Book No. 3952); 11.Government Regulation No. 84/2000 on Organizational Guidance of Regional Elements (Statute Book of
2000 No. 165);
12.Government Regulation No. 104/2000 on Equilibrium Funds (Statute Book of 2000 No. 201, Supplement to Statute Book No. 4021);
14.Government Regulation No. 106/2000 on the Financial Management and Accountability in the Implementation of Deconcentration and Assisting Tasks (Statute Book of 2000 No. 203, Supplement to Statute Book No. 4023);
15.Government Regulation No. 107/2000 on Regional Loans (Statute Book of 2000 No. 204, Supplement to Statute Book No. 4024);
16.Government Regulation No. 108/2000 on the Procedures for the Accountability of Heads of Regions (Statute Book of 2000 No. 209, Supplement to Statute Book No. 4027);
17.Government Regulation No. 109/2000 on the Financial Status of Heads of Regions and Vice Head of Regions (Statute Book of 2000 No. 210, Supplement to Statute Book No. 4028);
18.Government Regulation No. 110/2000 on the Financial Status of Regional Legislative Assemblies (Statute Book of 2000 No. 211, Supplement to Statute Book No. 4029);
DECIDES :
To stipulate :
THE GOVERNMENT REGULATION ON THE FOSTERING OF AND SUPERVISION OVER THE IMPLEMENTATION OF REGIONAL ADMINISTRATION.
CHAPTER I GENERAL PROVISION
Article 1
Referred to in this government regulation as :
1. The central government, hereinafter called the government, shall be the element of the Unitary State of the Republic of Indonesia consisting of the President and Ministers.
2. Regional Government shall be provincial government, regency government and city government.
3. Provincial government shall be the governor along with elements of an autonomous region as the Regional Executive Council.
4. Regency Government and city government shall be regent and mayor along with elements of an autonomous region as the Regional Executive Council
5. Regional administration shall be the administration of an autonomous region by the regional government and regional legislative council according to the principle of decentralization
6. Regional policies shall be regulations, directives, references, provisions and guidances in the operation of regional government which are contained in regional regulations, decisions of the Head of Region, decisions of the regional legislative council decisions of leaders of the regional legislative council.
7. The fostering of implementation of regional administration shall be efforts made by the government and/or representatives of the government in a region.
8. Supervision over the implementation of regional administration shall be activities aimed at ensuring that the regional administration run in accordance with plans and provisions of laws in force.
9. Repressive supervision shall be the supervision over policies already stipulated by a region in the form of both regional regulations, decisions of the Head of Regions, decisions of the regional legislative council decisions of leaders of the regional legislative council in the framework of the implementation of regional administration.
10.Functional supervision shall be the supervision by institutions/agencies/units having tasks and functions of undertaking supervision through examination, testing, investigation and evaluation.
11.Legislative supervision shall be the supervision by the regional legislative council over the regional government in accordance with its tasks, authority and rights.
12.Public supervision shall be the supervision by the society.
FOSTERING
Article 2
(1) The government shall foster the implementation of regional administration.
(2) In the framework of the fostering by the government as meant in paragraph (1), ministers and leaders of non-ministerial government institutions shall foster in accordance with their respective scopes of authority.
Article 3
The fostering as meant in Article 2 paragraph (2) shall cover the provision of guidances, counseling, training, directives and supervision.
Article 4
The government can delegate the fostering of the implementation of regency and city administration to a governor as the representative of the government in the region in accordance with laws.
Article 5
In the framework of fostering the implementation of regional administration, ministers and leaders of non-ministerial government institutions shall mutually coordinate.
Article 6
(1) The fostering of the implementation of provincial administration by ministries and non-ministerial government institutions shall be reported to the President with a copy made available to the Minister of Home Affairs and Regional Autonomy.
(2) The fostering of the implementation of regency and city administration by governors shall be reported to the Minister of Home Affairs and Regional Autonomy with a copy made available to ministries and non-ministerial government institutions concerned.
CHAPTER III SUPERVISION
Article 7
(1) The government shall supervise the implementation of regional administration.
(2) The government can delegate the supervision over the implementation of regency and city administration to a governor as the representative of the government in the region on accordance with laws.
Article 8
The supervision as meant in Article 7 shall be applied :
a. Repressively to regional administration policies in the form of regional regulations, decisions of the Head of Region, decisions of the regional legislative council decisions of leaders of the regional legislative council. b. Functionally to the implementation of regional administration policies.
Article 9
(2) The government can delegate the supervision as meant in paragraph (1) over regional regulations and/or decisions of the Head of Region as well as decisions of the regional legislative council and decisions of leaders of regency/city legislative council to a governor after coordinating with institutions concerned.
Article 10
(1) The Minister of Home Affairs and Regional Autonomy on behalf of the President shall issue a decree on the revocation of regional regulations and/or decisions of head of provinces, regencies and cities, decisions of provincial/regency/city legislative councils, decisions of leaders of province/regency/city legislative councils contravening public interests or higher legislation and/or other legislation.
(2) Governor as the representative of the government shall issue a decision on the revocation of regency/city regulations and/or decisions of heads of regencies/cities, decisions of regional legislative council and decisions of leaders of regency/city legislative councils in accordance with the authority delegates as meant in Article 9 paragraph (2).
(3) Provinces, regencies and cities unable to accept the decree on the annulment of regional regulations, decisions of the Head of Region, decisions of the regional legislative council and decisions of leaders of provincial legislative council by the government can raise objection to the government through the Minister of Home Affairs and Regional Autonomy.
(4) Regencies and cities unable to accept the decision on the annulment of regional regulations, decisions of the Head of Region, decisions of the regional legislative council and decisions of leaders of regency/city legislative councils by the governor in accordance with the authority delegated can raise objection to the governor as the representative of the government in the region.
Article 11
The functional supervision as meant in Article 8 letter b shall be executed by institutions/agencies/units in accordance with laws.
Article 12
(1) In the framework of executing the functional supervision over the implementation of regional administration, ministers and leaders of non-ministerial government institutions shall coordinate with the Minister of Home Affairs and Regional Autonomy.
(2) The supervisory coordination as meant in paragraph (1) shall include the planning, execution, reporting and the follow up to results of the supervision.
Article 13
The functional supervision executed by the ministries and non-ministerial government institutions as meant in Article 12 shall be reported to the President.
Article 14
The supervision delegated to a governor shall be reported to the President through the Minister of Home Affairs and Regional Autonomy.
Article 15
(2) The follow up to results of supervision by the government shall be reported by governors, regents and mayors to the President through the Minister of Home Affairs and Regional Autonomy with a copy made available to ministers or leaders of non-ministerial government institutions.
(3) The follow up to result of supervision by governors as the representative of the government in regions shall be reported by regents and mayors to the President with copies made available to the Minister of Home Affairs and Regional Autonomy and ministers or leaders of non-ministerial government institutions concerned.
Article 16
The government can impose a sanction on provincial, regency and city governments and/or their apparatuses refusing to implement and follow up results of the supervision on the basis of laws.
Article 17
(1) Regional legislative councils shall undertake legislative supervision over the implementation of regional policies.
(2) The legislative supervision as meant in paragraph (1) can be done in accordance with their tasks and authority through hearings, working visits, establishment of special committee and working committee regulated in the working arrangement and/or according to laws.
Article 18
(1) The society both individuals and group s and/or social organizations can supervise the implementation of regional administrations.
(2) The supervision as meant in paragraph (1) can be done directly or indirectly both verbally and writtenly in the form of request for information, conveyance of information, suggestion and opinions to the government, regional government, regional legislative councils and other institutions in accordance with the procedures stipulated in laws.
CHAPTER IV
PROCEDURES FOR THE FOSTERING AND SUPERVISION
Article 19
Further procedures for the fostering and supervision over the implementation of regional administration shall be stipulated by a presidential decree.
CHAPTER V CONCLUSION
Article 20
This government regulation shall come into force as from the date of promulgation.
For public cognizance, this government regulation shall be promulgated by placing it in Statute Book of the Republic of Indonesia.
THE PRESIDENT OF THE REPUBLIC OF INDONESIA sgd.
ABDURRAHMAN WAHID
Promulgated in Jakarta On April 27, 2001
THE SECRETARY OF STATE sgd.
DJOHAN EFFENDI
ELUCIDATION ON
GOVERNMENT REGULATION NO. 20/2001 CONCERNING
THE FOSTERING OF AND SUPERVISION OVER
THE IMPLEMENTATION OF REGIONAL ADMINISTRATION
I. GENERAL
The Republic of Indonesia as the unitary state adopts principles of decentralization, deconcentration and assisting tasks in the implementation of its administration. The principle of decentralization is fully and wholly implemented in regencies and cities to provide opportunity and freedom for autonomous regions in regulating and managing interests of local communities according their own initiatives as well as based on public aspirations, in accordance with laws and force.
Principles of the granting of regional autonomy according to Law No. 22/1999 on the regional administration are the emphasis on aspects of democracy, justice, equitable distribution and public participation as well as in observance of regional potentials and diversity in the framework of the Unitary State of the Republic of Indonesia.
The manifestation of the emphasis on the above mentioned principles has opened very wide chance and opportunity for autonomous regions to exercise their authority independently, widely, actually and responsibly.
New paradigms of decentralization open great challenges for the whole Indonesian people, but in the case of the misleading understanding about the nationalism horizon, they will result in demands weakening the national unity and cohesiveness, such as demand for the transfer of sources of state revenue, even demand in the form of regional separation from the country outside the system of the Unitary State of the Republic of Indonesia.
The implementation of public administration is basically inseparable from modern management principles, in which management functions always run simultaneously, proportionally in the framework of achieving objectives of the organization.
Organic function of the management covering the planning, execution, supervision and evaluation are instruments that must be existent and implemented by the management professionally in the framework of achieving targets and objectives of the organization effectively and efficiently.
In order to realize the firm and consistent implementation of state administration which is effective and efficient for the national development and people's welfare, the authority of autonomous regions needs to be fostered and supervised to prevent the authority from leading to sovereignty.
Regional administration principally constitutes a sub-system of the national administration and explicitly, the fostering and supervision over regional administration constitutes an integral part of the public administration system.
The fostering and supervision over the implementation of regional autonomy is intended to achieve the following objectives :
a. to reach a certain level of performance;
b. to ensure the best administrative structure in the operation of units of regional administration both internally and in relation to other institutions;
e. to achieve national integrity;
f. to maintain the fostering and supervision so that they do not restrict regional initiatives and responsibility, besides an effort to harmonize efficiency and democracy values
The government is obliged to foster and supervise the implementation of regional administration.
In the framework of the fostering and supervision, the Minister of Home Affairs and Regional Autonomy receives, processes reports on the implementation of regional administration to be conveyed to the President.
As the Chairman of the Regional Autonomy Advisory Council, the Minister of Home Affairs and Regional Autonomy has a task of giving recommendations to the President in judging conditions of autonomous regions, including financial equilibrium between the central government and regions.
In relation thereto, ministers and leaders of non-ministerial government institutions in executing the fostering and supervision coordinate with the Minister of Home Affairs and Regional Autonomy.
II. ARTICLE BY ARTICLE
Article 1 and 2
Sufficiently clear
Article 3
The provision of guidances for the implementation of provincial administration, regency administration and city administration includes accountability, reports and evaluation of accountability of performance of governors, regents and mayors.
Counseling is provided for the formulation of procedures and working arrangement of the implementation of provincial administration, regency administration and city administration.
Training aims at enhancing the quality of human resources being apparatuses of provincial administration, regency administration and city administration in the form of educational and training courses.
Directives are provided for the formulation of national/regional plans, programs and activities/projects in accordance with their respective periods. Supervision is applied to the implementation of provincial administration, regency administration and city administration.
Article 4
Governors as the government representatives foster regency and city administrations on the basis of characteristics of the respective autonomous regions.
In executing the fostering, governors give :
a. Elaboration on guidances for the implementation of regency and city administrations, including the accountability;
b. Further counseling for the formulation of procedures and working arrangements of the implementation of regency and city administration;
c. training for human resources being apparatus of regency and city administrations;
d. Further directives for the formulation of inter-regency/city plans, programs and activities/projects within the relevant provinces in accordance with their periods, referring to policies of the government and settlement of disputes between regions;
e. Supervision over the implementation of regency and city administrations.
Article 5
Article 6 Paragraph (1)
The reporting of fostering to the President is meant to strategic matters in the sense of influencing the public at large or national policies. A copy of the report needs to be made available to the Minister of Home Affairs and Regional Autonomy so that there is an institution documenting and processing fostering activities by the government.
Paragraph (2)
Sufficiently clear
Articles 7 and 8
Sufficiently clear
Article 9 Paragraph (1)
In executing the repressive supervision, the Minister of Home Affairs and Regional Autonomy is assisted by a team whose members consist of personnel of ministries/non-ministerial government institutions and other personnel in accordance with the need.
Paragraph (2)
In executing the repressive supervision, a governor is assisted by a team whose members consist of personnel of provincial government and other personnel in accordance with the need.
Article 10 Paragraph (1)
In the framework of the repressive supervision, the Minister of Home Affairs and Regional Autonomy can take measures in the form of recommendations, considerations of correction and improvement and at the last level can revoke the enforcement of regional policies.
Paragraph (2)
In the framework of the repressive supervision, a governor as the government representative can take measures in the form of recommendations, considerations of correction and improvement and at the last level can revoke the enforcement of regency/city policies.
Paragraphs (3) and (4) Sufficiently clear
Article 11
Institutions/agencies/unit meant in this article are inspectorates general of ministries, supervisory units of non-ministerial government institutions and regional supervisory boards.
Article 12 Paragraph (1)
Referred to coordinate in this paragraph is to synchronize and mutually facilitate in the implementation of functional supervision to prevent overlapping.
Paragraph (2)
Sufficiently clear
Article 13
Sufficiently clear
Article 14
The supervision means repressive and functional supervision.
Sufficiently clear
