인도네시아 지방자치법제의 최근 동향

Abstract

In Indonesia, local autonomy has been considered as one of important elements by which ‘unity inDiversity’ could be achieved in a country that has been composed of diverse religions, races, languages,cultures, etc. Since the independence of Indonesia, It is assured by the Constitution. (Art. 18) However, under theNew Order, a highly centralized and concentrated political and economic system was replaced to it. Afterthe fall of Soeharto, local autonomy was restored for reforming the country. During the transitional administration of President Habibie, two laws (Law No. 22 of 1999 on LocalGovernment and Law No. 25 of 1999 on the Financial Balance between the Central and RegionalGovernments) were enacted for introducing ‘Regional Government’ (a wide-range decentralizing system)before the Constitutional amendments. The constitutional amendment of 2000 prescribed election ofgovernors in provinces and mayors in districts and cities and the powers of local government. TheRegional Representative’s Council which could enhance the regional government, has been established bythe constitutional amendment of 2001. However, two basic laws on local autonomy having caused several problems, they are respectivelyreplaced by Law No. 32 and No. 33 of 2004. Actually, the new two laws showed also some problems,especially in the field of local legislation. There are too many legislations which caused conflicts of lawson which neither the administrative control by the Central nor the judicial control by the Supreme Courtcould be efficiently achieved. Moreover, decentralization changing power relations between the Central andthe regions, local government corruption, even in the field of legislation (the so-called question of ‘moneypolitics’), and the absence of sufficient financial support aggravated the situations. That’s why a newreform of local autonomy system, as well as a strong support of civil society institutions, is asked inIndonesia.