IN ImPROVING COmPETITIVENESS GLOBAL COmmuNITy LAw AND ASEAN ECONOmIC AFFAIRS
C. Discussion
1. Indonesian Bureaucracy;
Bureaucracy is derived from the French “bureau” means the office. The concept of applying bureaucratic principles of organization that are intended to improve the efficiency of the administration, although often outrageous bureaucracy would lead to undesirable effects, for example in administrative issues are complex and intricate in large organizations such as government organizations.9
To perform the functions of government, it can not be denied that the state requires a bureaucratic entity (bureaucracy is a system of government that is run on the basis of strict rules). It is impossible to manage state land, sea, and efficient air, pay employee salaries quickly, providing telephone connections, making roads and bridges, or simply prepare ID cards quickly, if unsupported by the bureaucracy.
Therefore, it is impossible to public services (the public) can be accomplished without the existence of the bureaucracy. However, the bureaucracy can be a source of disappointment to the many public officials of misuse of authority and corruption. If staffed by people who are less qualified and those irresponsible, bureaucracy can suppress the human rights of citizens.10
In the public bureaucracy, the interests of officials are often more dominant than the interests of the people. Officials preferred interests, rather than the interests of the people. Money for official travel or study abroad will be decided more quickly than grants for small people.
A form of bureaucracy in the form of large formal organization is a real feature of modern society and aims to carry out administration tasks and attain skills in the field of life. The concept was first proposed bureaucratic Vincent de Gournay (1712-1759) economist, John Stuart Mill, and Gaetano Mosca, then Max Weber bureaucracy which states among other characteristics: 11
a. The division of tasks according to formal rules and procedures;
b. Regulatory system, are set in advance for all the duties performed employees, to ensure uniformity of implementation of tasks and menye¬suaikan various tasks;
c. The authority arranged by hierarchy, such as supervised subordinate supervisor, subordinate relations prescribed certain rules;
d. Ordinances impersonal, an employee shall perform their duties formal and impersonal, means followed by certain rules without emotion, anger / excitement;
e. Determination of eligibility is based employee someone, and should not be stopped arbitrarily, income and promotion of the organization set performance
Indonesian bureaucracy has infiltrated if the personal interests of the bureaucrats themselves and cronies, so often the bureaucracy did not show preference to the public. If the bureaucracy ideally desired as a neutral and powerful tool to achieve organizational goals efficiently and
9 Mardiasmo, Otonomi & Manajemen Keuangan Daerah, ANDI, yogyakarta, 2004, hlm. 13.
10 Wahyudi Kumorotomo, Etika Administrasi Negara, Edisi Pertama, Raja Grafindo Persada, Jakarta, 2008, 289.
11 Sedarmayanti, Reformasi administrasi…, op.cit., hlm. 68.
effectively, in fact bureaucracy is often the cause of the ineffectiveness of public services and the growing phenomenon of corruption, collusion and nepotism.
Another drawback in the working procedures of the bureaucracy in Indonesia is less bureaucracy involved in policy-making and this proves the general tendency to separate the scope of the administration with the political sphere. Less bureaucratic involvement in policy- making resulted in the low of sense of responsibility in implementing the decision.12
In terms of structure, the bureaucracy is still tinged with power approach. In addition, there are many government agencies that store and maintain employees unproductive, where there is no clarity of their function within the organization. Many employees who do the actual work is not work when viewed from the position or job descriptions. Perhaps one reason is the lack of effective analysis of positions in the bureaucracy.
In terms of substance, there is still overlapping laws and regulations relating to public services, and the many regulations that must be implemented, causing disharmony and lack of clarity at the time of its application by the employee and bureaucratic officials. So there is still an employee or bureaucrats who do not know if the rule is not applicable.
In the field of culture that bureaucracy in Indonesia oriented power. Subordinate employees should be subject to the above officials. Officials tend to be arrogant bureaucracy, and would only work if it is related to his personal interests.
Bureaucrats behavior patterns legacy of colonial and feudal bureaucracy is affecting the
“official position ourselves as king”. Official government bureaucracy is regarded centers of settlement of the affairs of the community; the people are very dependent on these officials, instead of officials who depend on the people. Bureaucratic services to the people and not put on a major consideration, but on consideration umpteenth.13
Bureaucracy can be a source of disappointment to the many public officials of misuse of authority, corruption and red tape effect. If staffed by people who are not responsible, the bureaucracy can suppress the human rights of citizens.14
Then it is very natural that the public accountability of bureaucracy is legally questionable.
Public accountability of bureaucracy legally is questionable because it has spawned a crisis of confidence, economic, social, cultural, and legal and national integration. Causes of the crisis now engulfing the nation and state of Indonesia assumed caused by several things, one of which is a bureaucratic arrogance. Bureaucratic arrogance assumed to be caused by giving enormous power to the state since the birth of the modern state.15
It is to be emphasized is the status of public servant (public services) of government bureaucracy, whose task is to provide the best service to the people, not for himself or his group. If the rules can be assured that the underlying legislation working systems / services that government bureaucracy oriented to the interests of the people and social justice, and is run in a non-discriminatory, transparent, objective, and firmly, then gradually people will follow this pattern.16
Every time the public will always demand quality public services from bureaucrats, even though the charge was often not in accordance with what was expected, since empirically public services that occurred during this still displays the characteristics, which is convoluted, slow, expensive, and exhausting , Such tendencies occur because people are still positioned as a party to “serve” instead of the “serviced”.17
There are at least three major problems faced by government officials as well as research conducted by the National Law Commission (KHN), namely:
a. The low quality of public services implemented by most of the apparatus of government or the state administration in carrying out its duties and functions. This condition is due in a positive frame of administrative law Indonesia has set minimum standards of service quality, but compliance with the minimum standards of public service are not yet manifested in the implementation of the tasks of government officers;
b. Long bureaucracy (red tape bureaucracy) and the overlapping of tasks and authority, which led to the implementation of the public service to be a long and through a convoluted process, so it is probable incurred high economic costs, the occurrence of abuse of authority, corruption, collusion, and nepotism, discriminatory treatment, and so on;
c. The low external supervision of the public (social control) of the operation of public services, as a result of unclear standards and procedures, as well as grievance procedures users of public services, because it is not sufficiently perceived social pressure (social pressure) which forces public service providers must improve their performance.
S.P. Siagian forward some problems that often become public complaints related services by: 18
a. Slow down the completion of the licensing process;
b. Looking for a variety of pretexts, such as pen-carrying kekuranglengkapan documents, delays in filing, and other similar pretext;
c. Reason flurry of other duties;
d. Difficult to contact;
e. Always slow down by using the words “being processed”.
3. The competitiveness of Indonesian society.
The state is the nation’s container to achieve the goals or objectives of the nation. A destination country is a major interest rather than the order of a country.19
16 Didin S. Damanhuri, Korupsi, Reformasi Birokrasi dan Masa Depan Ekonomi Indonesia, Lembaga Penerbit Fakultas Ekonomi Universitas Indonesia, Jakarta, 2006, hlm. 13.
17 Juniarso Ridwan dan Achmad Sodik Sudrajat, Hukum Administrasi Negara dan Kebijakan Pelayanan Publik, Nuansa, Bandung, 2009, hlm. 17.
18 S.P. Siagian, loc.cit.
19 Soehino, Ilmu Negara, Liberty, yogyakarta, 2000, hlm. 147.
In Presidential Decree No. 5 of 2010 About the National Medium Term Development Plan (RPJMN) 2010-2014 states that:
National development has been carried out so far have shown progress in various areas of public life, which includes the areas of social, cultural and religious life, economics, science and technology, politics, defense and security, law and personnel, regional development and spatial planning, provision of facilities and infrastructure, and natural resource management.
Especially with regard to legal development, aimed to establish a sustainable economic growth;
regulate issues relating to the economy, especially the business and industrial world; as well as creating a conducive climate for investment, particularly law enforcement and protection as stipulated in the National Long-Term Development Plan (RPJPN) 2005 -2025, as stipulated in Law No. 17 of 2007. Furthermore, the construction of law is also directed to eliminate the possibility of corruption and able to thoroughly address and resolve issues related to corruption, collusion, nepotism (KKN)..20
Tabel 1
the Global Competitiveness Index 2014-2015
4. Global competition ASEAN community law and economics;
The nation’s economic future looks very alarming Indonesia. Why not, cases of violence, corruption, manipulation, and fraud is likely to increase, social problems such as unemployment, poor nutrition, health and the impact of delays in the handling of the disaster, the more heartbreaking. Similarly, the political elite infighting and abuse of authority does not show a declining trend, if not to say actually increased.21
The most fundamental problem faced by the government of the Republic of Indonesia in the aftermath of the economic crisis is the decline in public confidence in the public bureaucracy and system of government, because all this bureaucracy is only used as a political tool by the regime. Now, the people is hard to appreciate what is done by government officials, bureaucrats, or other elements contained in the public bureaucracy.22
Bureaucratic reform public services is expected to improve the quality of public services are good not only for the people of Indonesia but also the international community. The quality of governance is expected to contribute optimally to support the success of the development and improvement of national competitiveness. In this regard, the main challenge is to improve the integrity, accountability, effectiveness, and efficiency of bureaucracy in governance, development, and public services.
In the National Medium Term Development Plan 2015-2019, in order to build a clean governance, effective, democratic and reliable, mentioned one of the sub agenda priorities is the improvement and enhancement of the quality of national bureaucratic reform (RBN), with target : 23
Increasing the quality of bureaucracy and good governance in favor of improving the competitiveness and performance of national development in various fields, which is characterized by: the realization of institutional bureaucracy that is effective and efficient;
improve the management capacity of bureaucratic reform; implementation of civil law state officials consistently on all government agencies; and increasing the quality of public services.
Policy directions and strategies to be realized are: 24
a. Institutional restructuring of government bureaucracy to be effective, efficient, and synergistic, pursued through the following strategies: institutional design refinement government (Ministry, LPNK and LNS); internal institutional arrangement of the central government and the regions that include the evaluation / audit organization, structuring tasks, functions and powers, simplification of the structure vertically and / or horizontally; and strengthening the synergy between agencies at both central and regional levels;
b. Strengthening the management capacity of national bureaucratic reform pursued by the strategy include: strengthening the institutional and governance reform of the management of the national bureaucracy; structuring regulations and policies in the state apparatus; expanding and facilitating the implementation of the RB
21 Didin S.Damanhuri, op.cit., hlm. iii.
22 Wahyudi Kumorotomo, akuntabilitas Birokrasi Publik, Sketsa Pada Masa transisi, Magister Administrasi Publik (MAP) dan Pustaka Pelajar, yogyakarta, 2008, hlm. 3.
23 Kementerian Perencanaan Pembangunan Nasional/Badan Perencanaan Pembangunan Nasional, Rencana Pembangunan Jangka Menengah Nasional 2015-2019, Buku I, agenda Pembangunan Nasional, Kementerian Perencanaan Pembangunan Nasional/Badan Perencanaan Pembangunan Nasional, Jakarta, 2014, hlm. 6-23.
24 Ibid.
in the local government agencies; and improvement of the implementation of the evaluation system RBN
c. State Civil Apparatus management application (ASN) which is transparent, competitive and merit-based dilaksa achieved such through strategies such as:
determination of formation and procurement CPNS done very selectively according to the priorities and needs of development agencies; application of the system of recruitment and selection of employees that is transparent, competitive, based on information and communication technology (ICT); strengthening the delivery system and the quality of education and training; application of the system of promotion in an open, competitive, competence-based and supported by increasingly effective supervision by the State Commission on Civil Apparatus (KASN); employee performance management system implementation; and strengthening national personnel information system;
d. Improving the quality of public services are pursued through strategies, among others:
ensuring implementation Noor Act 25 of 2009 on Public Service consistently; encourage innovation of public services; increase public participation in the public service; and strengthening the capacity and effectiveness of supervision of public service.
5. Reform of the public service bureaucracy
Bureaucratic reform should include all aspects of government bureaucracy such as regulatory, institutional, and human resources. In the aspect of regulation is needed revamping legislation regarding bureaucratic overlap and ratification bill of bureaucracy in accordance with the principles of good governance.
MPR Decree No. VI / MPR / 2002 recommend the President to build a culture of Indonesian bureaucracy that:
a. Transparent;
b. Accountable;
c. Clean;
d. To be responsible;
e. Can be a public servant, servant of the state, and exemplary examples society.
In good governance (good governance) calls for accountability, transparency, openness, and the rule of law. In the implementation of good governance practices deviate demanding release of (mal administration) of public administration ethics.25
d. The principle of openness is a principle that opening up to the public’s right to obtain correct, honest, and do not discriminate on the administration of the country with regard to the protection of personal rights, groups, and state secrets;
e. The principle of proportionality is a principle that prioritizes a balance between the rights and obligations of state officials;
f. The principle of professionalism is a principle that prioritizes the expertise that is based code of ethics and provisions of the legislation in force;
g. The principle of accountability is a principle that determines that any activities and the final results of the activities of state officials must be accountable to the community or the people as the supreme sovereign state in accordance with the provisions of the legislation in force.
This principle is the rule of law was not written as a reflection of governing ethical norms that must be considered and adhered to, in addition to basing the rules of written law.
This principle can also be understood as the general principles which serve as the basis and procedures for the proper governance, which in this way the delivery of the government to be more kind, courteous, fair, honorable, free from injustice, violations of regulations, abuses of authority and arbitrary action.
The purpose of the public service to the community is satisfying the public. To achieve that satisfaction, demanded excellent service quality that is reflected from : 26
a. Transparency, ie, services that are open, easy, and accessible to all those in need and provided adequately and easily understood;
b. Accountability, which services can be accounted for in accordance with the provisions of the legislation;
c. Conditional, namely services in accordance with the conditions and the ability of the giver and the recipient of the service by sticking to principle is the efficiency and effectiveness;
d. Participatory, ie services which can encourage community participation in the implementation of public service with the aspirations, needs, and expectations of the community;
e. Equal rights, that service does not discriminate views of any particular aspect of ethnicity, race, religion, class, social status, and others;
f. The balance of rights and obligations, ie services which consider the aspect of fairness between providers and recipients of public services.
In addition, community participation is very important. Complaints against public services that occurred during this became evident that the lack of optimization of state administration in the public service. Communities need to be involved in policy formation, because in this case what people can be known and taken into consideration for the government.
D. Conclusion