THE ANALYSIS OF PUBLIC POLICY FORMULATION AT LEGISLATIF BOARD OF SOUTH SULAWESI PROVINCE

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1 S. Maldun, Rakhmat, H. Akib, S. Tahmir. The analysis of public policy formulation at legislatif board of South Sulawesi province. International Journal of Academic Research Part B; 2014; 6(2), DOI: / /6-2/B.20 Library of Congress Classification: HV THE ANALYSIS OF PUBLIC POLICY FORMULATION AT LEGISLATIF BOARD OF SOUTH SULAWESI PROVINCE Syamsuddin Maldun 1, Rakhmat 2, Haedar Akib 3, Suradi Tahmir 4 1 PhD Candidate of Public Administration, Makassar State University, 2 Professor of Public Administration, Hasanuddin University, 3 Professor of Public Administration, Makassar State University, 4 Professor of Mathematics and Natural Sciences, Makassar State University (INDONESIA) s: syammal@yahoo.com, rakhmat20@gmail.com, haedar652002@yahoo.com.au, radita_unm@yahoo.com ABSTRACT DOI: / /6-2/B.20 Received: 07 Nov, 2013 Accepted: 02 Mar, 2014 The study aims at analyzing and explaining the actor role in the policy formulation as the third Stakeholder s participation in the regional development of South Sulawesi province. The research applied qualitative descriptive research, and phenomenological approach which intended to provide a systematic description, factual and to the actual object under study. The research result was focused on the actor role in the evaluation of formulation Policy program of the third Stakeholder s participation in the regional development. It shows that the actor s ideas contain of philosophical meaning so, it recommended that the regional regulation draft about participation of the third Stakeholder in South Sulawesi can be accepted by the forum. Even though, the discussion of regional regulation drafts about participation of the third Stakeholder in South Sulawesi province lack of socialization to the society. But economical aspect of South Sulawesi society perspective took apart in the South Sulawesi development. Key words: Analysis, policy formulation, actor role, regulation, stakeholder participation, regional development 1. INTRODUCTION The public policy formulation process actually covers of the three aspects; (3) significant stage which can be understood as a stage of the perspective conflict among the actors, including: (a) Phase of problem identification or formulation, in many cases as a trigger of the problem in each community which is related to the public interest. The problem solving through the representative of the groups need that will be submitted to the decision maker. (b) The policy drafting agenda is a process that includes a series of measures and strategies in a particular issue to the higher policy level. (c) The policy draft approval as the policy formulation process by looking at the context and content of the policy draft as an approval to the decision maker. It becomes a representative public policy that appropriate to the public problem (Anderson, 1990). (1) The successful implementation of the policy is determined by the two variables, namely: (a) content variables is the influence in the policy content which come from the policy formulation, and (b) context variable is how the context or political environment and administrative activities affecting the policy formulation (Grindle, 1980). (2) The study focused to improve the target of the regulation draft on the third Stakeholder s participation in the regional development in South Sulawesi province, such as: (a) accommodate the third Stakeholder s participation both fund and goods. (b) Being a legal basis for local governments to collect and utilize the funds and goods sources from the third stakeholders. (c) Deal with the parties legally, socially and economically, and (d) manage the parties that possible to participate and allocate the third Stakeholder s participation results. The importance of the participation in the development process in order that the development can be undertaken to improve human dignity as contained in the basic idea or called as people centered development (Muluk, 2007:5). (3) There are five key stages in making the actual policy process, namely: (a) Agenda preparation, by the characteristics, such the elected and appointed officials put the issue on the public agenda. At this stage the problem may not be touched, while the other issues are set to be a discussion, or there is also a problem which has been postponed for a long time, (b) Policy formulation, characteristics that the officials formulates the alternative policies to overcome the problem. Alternative policies need to be made as the executive orders, judicial decisions and legislative actions; (c) Adopted policy, has characteristics, such as alternative adopted Baku, Azerbaijan 133

2 policy by the majority legislative support, a consensus among the agency directors, or judicial decision; (d) Policy implementation, the implemented policies characteristic has been taken by the administrative units which mobilize financial and human resources, and (e) Assessment policy, example characteristics and inspection units of accounting in the government to determine whether the executive, legislative and judicial are qualified in making policy and achieving goals (Dunn, 2003:24). (4) There are three perspective types of policy formulation which has been taken by public policy experts, such as: (a) Perspective which dominated to the state or elite interests, (b) Perspective which dominated to the private or market interest, and (c) Perspective which dominated to the citizen or public service interests (Javang, 2012). (5) The expert said that the actors or organizations that influence in the policy-making process, such as: (a) Elected executive and legislative officials, (b) Appointed officials or bureaucrats officials; (c) All the interest groups, (d) researcher organization, and (e) mass media. Besides these five aspects, the are some aspect that influence the public policy, they are (a) the form of organization of the state; (b) The bureaucratic structure, (c) social organization, and (d) business group. (Agustino, 2008). (6) One of the famous theory which suggested by an expert is ladder of participation explained that the participation of society as a power to influence the policy construction. Whereas the communities participation is important to mobilize people's aspirations; frankly people aspirations; selected social demands, and making a policy decision easily (Abidin, 2006) (7) Based on the problem above, the main problem was analyzed, discussed and formulated as the actor s role in the regulation draft toward the third Stakeholder s participation in regional development in South Sulawesi province. The aims of the study to explain the actor s role to evaluate the regulation draft as the third Stakeholder s participation in the regional development. 2. RESEARCH METHODS The study is classified as qualitative descriptive research, and phenomenological approach. Qualitative research methods used to examine the condition of the natural object, where the researcher as the key instrument. The collected data used triangulation techniques which were analyzed through inductive and qualitative. Research results emphasize the meaning rather than generalizations (Sugiono, 2005:1). (8) The primary data on the actor role of regulation draft of third Stakeholder s participation in regional development, the key informants were: (a) the Vice-Chairman of the legislature; (b) Chairman of the legislation; (c) Chairman of the special committee of regulation draft; (d) Chairman of the faction (e) Members of the Provincial Legislature; (f) Third party. The Secondary data were (a) Legislative regulation, (b) Minutes of meeting regulation draft on the third Stakeholder s participation in the regional development in South Sulawesi. The data were collected through instruments as follows: (a) interview; (b) observation, and (c) a document. The procedure of the validity of qualitative data used four aspects as follows: (a) credibility, (b) transferability; (c) dependence; (d) conformability (Moleong, 2000). (9) The data were analyzed through some techniques as follows: (a) data collection, (b) data reduction, (c) the presentation of data; (d) verification and making conclusion. (Miles, 1992) (10) 3. RESULTS AND DISCUSSION There are four indicators which the actor used to evaluate the draft of regulation program on the third Stakeholder s participation in regional development in South Sulawesi as follows: 1. Philosophical aspects The philosophical aspect is to analyze the degree of the right material in the regulation draft on the third Stakeholder s participation toward the regional development in South Sulawesi. It is confirmed through the Law No. 10, 2004 about establishment of the legislation, particularly: article 5, which states that any establishment legislation must consider the effectiveness of the legislation in the philosophical community (Indonesia, 2004). (11) In accommodating any form of the third party participation on local development in South Sulawesi province should pay attention toward the regional tax and retribution, as contained in Act No. 28, 2009 on regional taxes and Levies, as contained in Chapter II, Article 2, paragraph 1, letter a, b, c, d, and e. that provincial taxes consists of: motor vehicle tax; transfer tax motor vehicle; motor vehicle fuel tax; surface water tax, and taxes on cigarettes, and Article 2, paragraph 2, letter a, b, c, d, e, f, g, h, i, j, and k, that kind of taxes the district/city consists of: hotel tax; restaurant tax; entertainment tax; advertisement tax; street lighting tax; non-metallic minerals tax; parking tax; groundwater tax; nest swallow tax; property tax, urban and fees of land and buildings ownership. The truth of rational scientifically, the people use their minds to think well and considered the scientific truth universally. Proposition, conclusion, or those theories were accepted as the truth that can be accepted by their minds rightly. It was related to the philosophical theory said that there are at least three basic properties, such as the rational and logical structure; empirical material, and can be applied or pragmatic scientifically (Tiro, 2002:13). (12) The results of the study show that the empirical reality indicated that the actor ideas and regulation drafts about the third person participation in the regional development. It has philosophically meaning through the social participation in the regional development. 134 PART B. SOCIAL SCIENCES AND HUMANITIES

3 2. Juridical aspects Juridical aspect is analyzing the suitability of the regulation draft material on the third Stakeholder s participation in the regional development through the valid regulation. The aspect is emphasized in the Law No. 10, 2004 on the Establishment of legislation, as the content on Article 5, that every establishment of legislation have to consider the effectiveness of the legislation in the society juridical. (Indonesia, 2004). (11) Juridical basis is essentially a review of the valid legislation or positive law as a basis of the legal formulation of legislation. The formal juridical is the basis of juridical and material terms. The formal juridical based on legislation to authorize the local governments with the Representatives House to formulate the Regulation Draft of third Stakeholder s participation in the regional development. Whereas the juridical basis on the material aspects is the basic law to control and solve the problem to formulate the Regulation Draft of the third Stakeholder s participation in regional development. Thus, the juridical basis is a basic of the Regulation Draft about the third Stakeholder s participation in regional development in order to avoid the law conflicts toward the higher legislation. The regulations which related to the study are : (a) Act No. 1, 2004 on State Treasury; (b) of the Law with No. 12, 2011 on the Establishment of the Legislation; (c) of Law No. 32, 2004 on Regional Government, d) of Law No. 27, 2009, concerning the Indonesian Representatives House, Indonesian Representatives Assembly, Regional Representative Level, and the Board Regional representatives; (e) of the Law No. 28, 2009 on Regional Taxes and Levies (f) Act No. 12, 2011 about the preparation of regulations; (g) of Government Regulation No. 58, 2005 on Management Finance area; ( h ) Regulation of the Minister of Home Affairs Number 16, 2006 on regional Legal Procedure Preparation Products ; (i) Regulation of the Minister of Home Affairs Number 21, 2011 concerning the Second Amendment to the Regulation of the Minister of Home Affairs Number 59, 2007 First to Regulation of the Minister of the Interior No. 13, 2006 on Guidelines for Financial Management; (j) Regulations Legislative Council of South Sulawesi Province No. 2, 2011 on the Rules of Legislative Council of South Sulawesi province. Related to the regulation in the social development right now, the jurisprudence task is focused on the creation or formation of the new law which is needed to accommodate the emergence of new social relationships (Sidharta, 2000). (13) The other experts argued that the task of the parliament in the autonomous region of accountability to formulate a law as a legal umbrella to be obeyed by the government, society, and entrepreneurships as a form of regional autonomy widely. (Asshiddiqie, 2008). (14) The study result shows that the discussion of the regulation draft of third Stakeholder s participation in the regional development of South Sulawesi is based on the valid regulations in Indonesia. 3. Sociological aspects The sociological aspects are analyzing the balanced level of social life through the regulation draft on the third Stakeholder s participation in the South Sulawesi regional development. In the predictor is emphasized in the Article 5 of Law No. 10, 2004 regarding legislation, that any formation of legislation must consider to the effectiveness of the legislation in the sociological community (Indonesia, 2004). (11) Basically, the main purposes of the decentralization and regional autonomy policy are to bring government services to be closer with the society, which carried out more effectively and efficiently. One of the authorities of local governments is autonomous source revenue management. Therefore, the local government issued various regulations on local taxes, levies, and other charges. Related to the third Stakeholder s participation oriented in improving the original income in order to accelerate the development and improvement of the quality society life generally. This is the mandate in Act No. 32, 2004, on the regional government as amended by the Law No. 12, (15) The legal experts say that the legislation's core consists of two major categories, namely phase sociological or socio-political and the juridical stage. In the sociological phase there is a process to finalize an idea or issues which will be administered to the judicial agenda (Rahardjo, 2003). (16) Thus, before publishing the regulations of the third Stakeholder s participation need to be considered the positive and negative impacts toward the society environment. So, the application of the regional legislation to the third Stakeholder s participation is not only for the positive impact in improving the local opinion but also accelerate the development, improve the quality of public services, and creating social solidarity. Based on the study result of sociological aspect shows that regional legislation discuss about the lack of third stakeholder s participation in the regional development. The actor only visited the regional Representative House in Pangkep and Takalar regency without socialize to the local society as the representative of South Sulawesi community. 4. Economical Aspects The nature of the economic aspect is the analysis of third-party competence which has economic value, as the third parties participation in the South Sulawesi Province development. In Act No. 32, 2004, mentioned the participation of the third party which has economic value, says: grants are assistance in the form of money, goods, and community-based services, and business entities in the country or abroad. Based on the Law No. 33, 2004 on financial balances both central and local government, in an effort to improve the regional income. Regional government is prohibited to establish the legislation on income that causes the high economic cost. To fulfill the aim at the regulation, it is necessary to analyze the Regional Gross Domestic Product of South Sulawesi province. (Indonesia, 2004) (17) According to the Revenue Office data of South Sulawesi province, it is known that the development of the regional economy of South Sulawesi is characterized by increasing of the economic growth and structural change that measured through the Gross Domestic Product. The data shows that the growth of Gross Domestic Product Baku, Azerbaijan 135

4 based on constant prices over the last five years from 2007 to 2011 the average was 6.09% and 13.78% at current prices. The economic growth rate in South Sulawesi showed encouraging development. In 2008 reached 7.78%, but decreased in 2009 due to the global economic crisis was only 6.23%, increased sharply in 2010 reached 8.18% and was in the fourth rank of provincial economic growth nationally, and in 2011 reached 7.65%. Although fluctuating but the economic growth of South Sulawesi is always higher than the national average. The indicators which used to describe the macro level of social welfare are the Gross Domestic Product per capita. The higher Gross Domestic Product per capita, the higher welfare level of the people in the region. In the period of five years per capita income in South Sulawesi grew 16 % average annually. The Increasing of income per capita by itself will increase the purchasing power and also increase the amount of savings and investment. According to Susanti (2000:23-24) (18) states that the indicators which used to measure the economic growth is the level of Gross Domestic Product by reason of: (a) Total value added generated by all production activities in the economy, (b) Calculated on the basis of the concept of flow concept, and (c) limit the Gross Regional Domestic Product calculations are domestic economic regional. Thus, it is known that the community's economy is potentially to support the regulation on the implementation of the Third Party Participation on South Sulawesi Development. The social economy getting improvement every year even though gets fluctuation. 4. CONCLUSION The study was concluded that the actor role in the formulation of evaluation program policy toward the third Stakeholder s participation on regional development in South Sulawesi province was divided as follows: (a) The actor s idea consists of the philosophical meaning such as mobilization of the community participation in the regional development; (b) material draft of regional development regulation about the participation of the third Stakeholder s in South Sulawesi based on the valid regulations; (c) discussion of the regulation draft toward the third Stakeholder s participation in regional development of South Sulawesi was socialized enough, and (d) South Sulawesi Economy prospective participated in the regional development because getting improvement annually in spite of fluctuating. It is always higher than the national income. REFERENCES 1. Anderson James E Public Policy Making. An Introduction. Boston: Miftlin. 2. Grindle, Merilee S Politics and Policy Implementation in the Third World. Princeton University Press. New Jersey. 3. Muluk, Mujibur Rahman Khairul Menggugat Partisipasi Publik dalam Pemerintahan Daerah Sebuah Kajian Administrasi Publik dengan Pendekatan Berpikir Sistem. Malang: Bayumedia Publishing. 4. Dunn, William N Pengantar Analisis Kebijakan Publik (terjemahan), Edisi Kedua. Yogyakarta: Gadjah Mada University Press. 5. Javang. The Macam-Macam Perspektif Dalam Formulasi Kebijakan Publik. ( (online) Diakses, 20 Desember 2012) 6. Agustino, Leo Publik Dalam Aneka Perspektif: Online. ( 1204/30/0801.htm). Diakses. tanggal 17 November Abidin, Said Zainal Kebijakan Publik. Jakarta: Pancur Siwah. 8. Sugiyono Memahami Penelitian Kualitatif. Bandung: Alfabeta. 9. Moleong, Lexy J Metodologi Penelitian Kualitatif. Bandung: PT. Remaja Rosdakarya. 10. Miles M.B. dan Huberman M Analisis Data Kualitatif, Terjemahan oleh Tjetjep Rohendi Rohidi. Jakarta: UI Press. 11. Undang-Undang RI Nomor 10 tahun 2004 tentang Pembentukan Peraturan Perundang-undangan. Online: diakses, 13 Januari Tiro, Muhammad Arif Mencari Kebenaran: Suatu Tinjauan Filosofis.Makassar: Andina Publisher. 13. Sidharta, Bernard Arief Refleksi tentang Struktur Ilmu Hukum, Sebuah Penelitian tentang Fundasi Kefilsafatan dan Sifat Keilmuan Ilmu Hukum sebagai Landasan Pengembangan Ilmu Hukum Nasional Indonesia. Bandung: Mandar Maju. 14. Asshiddiqie, Jimly Otonomi Daerah dan Parlemen di Daerah: Online. ( amoyepai.blog.com/ /cmts). Diakses. tanggal 17 November Undang-Undang R.I. Nomor 12 Tahun 2008 tentang Perubahan Kedua Atas Undang-Undang Nomor 32 Tahun 2004 tentang Pemerintahan Daerah. Online : Diakses, 13 Januari Rahardjo, Satjipto Sisi-Sisi Lain Hukum di Indonesia. Jakarta: Kompas. 17. Undang-Undang R.I. Nomor 33 tahun 2004 tentang Perimbangan Keuangan antara Pemerintah Pusat dan Pemerintahan. Daerah. Online: diakses, 13 Januari Susanti, Hera, Ikhsan, Moh, & Widyanti Indikator-Indikator Makroekonomi. Jakarta: Fakultas Universitas Indonesia. 136 PART B. SOCIAL SCIENCES AND HUMANITIES

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