AUGUST 2012
Contributor: Raihan Adhitama - ALSA Local Chapter Universitas Gadjah Mada
It has been 66 years that Indonesia obtained its freedom. A long
journey of building a republic that is marked with challenges and
problems have rather becomes an obstacle for the advancement and
development of Indonesia. One of the most important criteria in
developing and advancing a country is the success of its government to
set up a well-organized government. Speaking of well-organized
government, there are some elements within it; which are bureaucratic
reformation and good governance. Those elements are also the main
concept for the national and state improvement of Indonesia.
Reflecting at the history of bureaucracy structuring in Indonesia,
it’s still remain, nonetheless, a serious issue for Indonesia.
Indiscipline civil servants, poor public service, lack of transparency,
and corrupt government officials are some issues that the government has
to deal with from one period to another. Those issues have rather
become a great challenge for each period of leadership that needs to be
solved.
The momentum for reformation in Indonesia came in 1998 which was
marked by the fall of Soeharto’s regime, which was well-known for its
corruptive and authoritarian government, and it became a great
opportunity for Indonesia to develop a democratic government that
ensures discretion for its people. In this new era, many concepts came
up -which the point is- to improve the bureaucracy and governance of
Indonesia, creating a better law system and keeping the country clean
from corruptions; thus, in this era many legal products appeared, such
as Act Number 31 Year 1999 regarding Eradication of Corruption Crime
which was amended with Act Number 20 Year 2001 regarding Eradication of
Corruption Crime and also Act Number 28 Year 1999 regarding State
Enforcement Free and Clean From Corruption, Collusion, and Nepotism.
These are some legal products that were enacted during the beginning of
reformation era which were expected to improve Indonesia’s condition and
creating a clean and accountable government. Also in this era,
Corruption Eradication Commission was established, which its main
purpose is to solve the corruption issue in Indonesia.
The reformation era, which has been running for 14 years, is still
unable to solve the issues that have been mentioned before. Legal
products and various concepts that came up at the beginning of this era
haven’t been applied optimally, the good governance principle which was
stated in Act Number 28 Year 1999 also hasn’t been applied effectively,
law enforcement also became a problem that’s always criticized and
considered poorly by the people of Indonesia and world. These issues
occurred, presumably, due to the lack of leadership in Indonesia during
the reformation era; not only from the president himself, but also from
his subordinates. The condition became worse due to poor performance of
our legislative body, which was followed by the poor image of our law
enforcer, completed the whole commotion.
Facing a situation like this, Indonesia has to analyze and solve
these problems immediately as soon as possible to ensure a better state
life for its people. The spirit that appeared at the beginning of the
reformation has to be revived. The question now, is that whether we have
to return to the starting point itself or not in order to solve these
issues. To answer that, we have to analyze and identify the current
issues. First, the thing that must be taken into account is that the
leader of Indonesia must have a strong will and commitment; therefore,
the leader has to be sure of him/herself and the people around him/her,
that they are “clean”. Second, is to create or revise the existing
laws/rules that related to law enforcing and good governing and also to
ensure that these rules are applied effectively. Third, is to create a
strong and effective government which consisted of people with high
integrity. Fourth, is to support law enforcement and to improve law
enforcement institutions. These four basic points could be considered as
the answer for law enforcement issue in Indonesia due to its corruptive
government officials and poor performance.
Application of Effective Good Governance
The poor performance of government due to corruptions and poor public
service are an issue that’s not only faced by Indonesia, but also by
other countries; Korea and China could be taken as an example, from
which we’ll examine the actions they have taken to apply a good
governance. South Korea, which nowadays we can see as an advance
industrial country, cannot be separated from the success of
administrative reformation that has been conducted from 1980 up until
now. General Chun Doo Wan as the fifth President of Republic of Korea
had put a number of pillars for administrative reformation through Civil
Servant Ethics Act, Social Purification Movement, Civil Servant
Consciousness Reform Movement, Retired Civil Servant Employment Control,
Civil Servant Property Registration, and Civil Servant Gifts Control.
The administrative reformation itself was carried as a primary
national politic agenda during the period of Rho Taw Woo (1988-1993) by
conducting deregulation and simplification, central government
restructuration, strengthening administrative reformation commission,
and transparency to public. During the period of Kim Young Sam
(1993-1998), administrative reformation was carried by establishing
Presidential Administrative Renovation Commission and creating a
government that is clean and trim, but strong, democratic, efficient,
and close to public by reforming the government administration
procedure. During the period of President Kim Dae Jung (1998-2003),
administrative reformation in South Korea was carried on through the
motto of “People’s Government”. Restructuration of central government
was conducted by diminishing 16 offices, 74 bureaus, 136 departments,
and 146 government commissions. As much as 16% of civil servant was
diminished until 2001.
Next, President Rho Moo Hyun since 2003 focused the administrative
reformation on participatory government by forming Reform the
Presidential Committee on Government Innovation and Decentralization
movement. In the last phase, administrative reformation was conducted by
increasing the autonomy of local government and application of
communication and information technology in governing and public service
(e-government).
Furthermore, we can see China that conducted bureaucracy reformation
in order to create good governance. Deng Xiaoping, in 1982, proclaimed
administrative reformation as backbone for nation’s advancement. In his
speech in front of national congress of Communist Party in 1982, Deng
stated “Streamlining organization is a matter of great importance. In
fact, it constitutes a revolution. If we fail to carry out this
revolution, if we let the present over-staffed and overlapping party and
state organization stay as they are, without clearly defined duties,
and with many incompetent, irresponsible, lethargic, undereducated, and
inefficient staff member, we ourselves will not be satisfied and we will
not have the support of lower cadre, much less of the people.” What was
stated by Deng is not merely a political rhetoric, because in 1983 the
numbers of ministry, department, and other government institution were
trimmed from 100 to 61. As many as 30.000 cadres, who were active in
bureaucracy, were pensioned off early.
China economic development that we witness nowadays didn’t come in a
sudden, but very affected by administrative reformation that was carried
by Deng Xiaoping in 1982, 1988, and 1992. The purpose and focus of
administrative reformation in China is to transform the government’s
function and to create an administrative structure which is more
responsive in economic development. In other words, administrative
reformation in China is focusing on an efficient government through
restructuration and bureaucracy depoliticization and administration
career away from political interest. The whole setting of administrative
reformation in China and South Korea shows that transformation to
industrial country is highly determined by the commitment and competence
for carrying an administrative reformation. Even more, administrative
reformation is a prerequisite for the success of the transformation
itself.
Then, what should Indonesia do to achieve such success as those two
countries have done in creating a well-organized government ? As it has
been mentioned before, that Indonesia had the momentum to create a great
change in 1998 when the reformation era begun. Act Number 28 Year 1999
also stated the principles for good governance in its article number 3;
those principles are: the principle of legal certainty, the principle of
orderly organization of the state, the principle of public interest,
the principle of openness, the principle of proportionality, the
principle of professionalism, and the principle of accountability.
Those principles could be applied in real life practice to fix the
system that hasn’t been running properly as it should have been, and we
will discuss some of them. The principle of legal certainty could become
an essential instrument to be applied if an improvement is done for
legal institutions from the police force, prosecutors, Corruption
Eradication Commission, and other institutions. This action could be
followed by improving the quality of law enforcer’s integrity and
recruitment pattern. The principle of public interest, it has to become
the government’s concern because the essence is that government is a
public servant, therefore all the policies that are issued by government
must in accordance with public interest. The principle of openness,
this principle could be used as a measure on how government can
guarantee transparency on matters that need to be known by the public,
so that a trust can be built and public can actively monitor the
government itself. The principle of professionalism becomes a principle
that cannot be ignored in creating a good government. Performance,
quality, and dedication of government officials must also become a main
concern, followed by principle of accountability which ensures
government must prove itself worthy and accountable to become public
servant and do its work.
Those seven principles are considered to be a strong foundation to
improve Indonesia’s governing system, to create prosperity within its
people and nation if it’s conducted properly and monitored on its
application, evaluation on its conduct, and assessment on the
achievement of target that has been set by the government, and also to
involve the public in monitoring the government’s performance in
applying those principles. On the other side, Indonesia must open itself
to the success of China and South Korea for not hesitating in
performing bureaucracy improvement, and apply it in accordance to the
current condition in Indonesia.
There’s many hope for Indonesia to bring prosperity to its people and
advance the nation’s condition by carrying out those improvements with
optimism and determination.
Daftar Pustaka :
- Ridwan HR. Hukum Administrasi negara, Jakarta: Rajawali press, 2008.
- Marbun, SF. Dan Moh, Mahfud. Pokok-pokok hukum administrasi negara. Yogyakarta: Liberty, 1987.
- http://goodgovernance.bappenas.go.id/archive_wacana/birokrasi_reform/birokrasi_reform_129.htm
- Undang-undang Nomor 20 tahun 2001 tentang pemberantasan tindak pidana korupsi.
- Undang-undang Nomor 28 tahun 1999 tentang penyelenggaraan negara yang bersih dan bebas dari korupsi, kolusi dan nepotisme.



