PRINCIPLES OF LOCAL GOVERNANCE

(1)

(2)

PRINCIPLES BASED ON UUD 1945

BEFORE AMENDMENT

• _Locality

–

_{Indonesia is divided into large and small local governance;}

–

_{Local reffer to society as a unity of law.}

• _{Democratic Deliberation}

–

_{Governance based on democratic deliberation as a process}

of decicion making;

–

_{Formed local representative body.}

• _{Respect to the Local Originality}

–

_{Respect pluralism}

–

_{Special local government.}

• _{Administrative Governance}

(3)

PRINCIPLES BASED ON UUD 1945

POST-AMENDMENT

• _{Locality and Hierarchy}

– NKRI divided into provinces, each province divided into kabupaten and kota.

– Every single province, kabupaten and kota have their own local governance.

• _Democracy

– Every local governance have representative bodies which members is elected through general electionl.

– Every chief of local governance popularly elected.

• _{Local Autonomy}

– Every local governance regulate and manage their own bussines based on autonomy and medebewind principles.

– They have the widest autonomy except the bussines that difinited as central bussines by the Act.

• _{Local Regulation}

(4)

THE PHILOSOPHY OF LOCAL

AUTHONOMY

• _{Local Governance for Increase public}

welfare democraticly;

• _{Every single local authority shall}

create welfare and democracy;

• _{Public welfare through public}

(5)

WHOSE AUTHORITY?

• _{Externality: Who bear Impact?}

• _{Accountability: Who Closest to the}

impact and more accountable?

(6)

UU No. 32/2004

• _BACKGROUD:

–

_{Problem of Hierarchy}

–

_{Problem of Authority}

–

_{Problem of Employment}

–

_{Problem of Election of Chief Local}

(7)

Principles of Authority based on

UU No. 32/2004

• _{Central Authority:  Absolute Authority}

–

_{Foreign Affairs}

–

_Defence

–

_{Security  Residual Theory}

–

_Judicial

–

_{Moneter and Fiscal}

–

_Religion

• _{Local Authority:}

–

_Obligatory

–

_Optional

(8)

OBLIGATORY AUTHORITY

• Planning and restraining development;

• Planning and controlling spatial planning;

• Perform Public order;

• Supplying public infrastructure;

• Healtcare;

• Education dan Human Development;

• Solving social problem;

• Facilitate Micro-entrepreneur;

• Restraining Enviroment;

• Demography and civil services;

• Public Administration;

• Investment;

(9)

OPTIONAL AUTHORITY

• _{Riil and Potential for increasing public}

welfare due to the local condition, i.e:

–

_Farming;

–

_Mining;

–

_Fisheries;

–

_Plantation;

–

_Forestry;

–

_Tourism;

(10)

Obligation of Local

Government

• _{Protecting and Guarding NKRI;}

• _{Develop democratic society;}

• _{Perform justice and equity;}

• _{Increase healt service;}

• _{Fullfil public services;}

• _{Develop Social Insurance;}

• _{Set up spatial planning;}

• _{Concerve Environment;}

(11)

Rights of Local Gov.

• _{Regulate and Govern their Own}

Bussines;

• _{Elect the chief;}

• _{Govern the Employment;}

• _{Manage Assets;}

• _{Local Fiscal and Restribution;}

• _{Get fund sharing from natural}

resources;

(12)

LOCAL BUDGET

• _{PAD (Local Revenue)}

• _{Sharing/Balance Fund:}

• _{Sharing fund;}