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PRINCIPLES OF LOCAL GOVERNANCE. 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
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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 • As a agent of central government Region
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 • Have the right to make by law and other regulation to perform autonomy.
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 services (basic services and core services);
WHOSE AUTHORITY? • Externality: Who bear Impact? • Accountability: Who Closest to the impact and more accountable? • Efficiency Which more efficient?
UU No. 32/2004 • BACKGROUD: • Problem of Hierarchy • Problem of Authority • Problem of Employment • Problem of Election of Chief Local Government.
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 • Concurent sharing bussines
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; • Basic Services.
OPTIONAL AUTHORITY • Riil and Potential for increasing public welfare due to the local condition, i.e: • Farming; • Mining; • Fisheries; • Plantation; • Forestry; • Tourism; • Etc.
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; • Etc....
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; • Etc.
LOCAL BUDGET • PAD (Local Revenue) • Sharing/Balance Fund: • Sharing fund; • General Alocation Fund (DAU); • Specific Alocation Fund (DAK).