Universitas Muhammadiyah Yogyakarta Faculty of Law International Program for Law and Sharia Administrative Law. A paper on

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1 Universitas Muhammadiyah Yogyakarta Faculty of Law International Program for Law and Sharia 2012 Administrative Law A paper on The Analysis of Requirements for New Autonomy Area Increasing based on Local Government Act 2004 Number 32 By : Aris Fadillah ( ) arisfadillah20@gmail.com Around the end of October until early of November 2012, The House Representative of Indonesian impressively approved new seven (7) autonomy territories in Republic of Indonesia, it is consist of one province and six regency. One of most crucial product is the North Borneo Province, it become the 34 th Province in Republic of Indonesia and the 7 th provinces after the reformation period. The other autonomy territories namely; Pesisir Barat Regency in Lampung Province, Pangandaran and Padjajaran Regency in West Java Province, Karimun Jawa Regency in Central Java Province, South Manokwari and Pegunungan Arfak in West Papua. After the reformation period in 1998, around 500 (five hundred) new autonomy is approved by House Representative of Indonesian. In fact, there is not all the area success to implement the autonomy totally and maximally. Page 1 of 7

2 Furthermore, some regency can be considered as fail regency because fail to develop and improved that area after separated and run their own autonomy. In additional, one of LIPI researcher in autonomy of Indonesia, Siti Zuhro stated; autonomy means improving, developing and empowering all elements of that territory, not for appear the problem and burden. As seen from the fact, the autonomy in Indonesia tend to create a new problem for society and new burden to central government. The nature of autonomy is to improved the public service and distribute the development in devious area. In fact, it does not run as likes we hope. The numerous of autonomy area make the swelled of the number civil servant and the salary of them. Moreover, the autonomy condition can make the controlling of power by one family or called dynasty politic. In addition, the autonomy can create the conflict because commonly the spirit and initiative of autonomy come from the similar culture, language and ethic. In simply, it means the purposes of the autonomy can be injuried by some individual with the impact can make the disunity. As we know, to create the new autonomy territory there are several Requirements and condition that have to be fulfilled by the territory. Therefore, when one territory wanted to create a new autonomy they will think twice. Furthermore, the Requirements and condition for new autonomy create in order to avoid the territory fail to run the autonomy and to guarantee the spirit and initiative of autonomy that will keep and created by the government. In simply, Page 2 of 7

3 this is a long and difficult process to create a new autonomy in order to create a new territory with strong foundation, intention, and enthusiasm. The initiative to create a new autonomy territory is commonly come from the people who stay and live in that area. Then, they feel if the central province so long and too late to improve and develop their area. Furthermore, the initiative is guaranteed by the Republic Indonesia Constitution of 1945 in article 18. This article stated if this initiative is the right of every people. Eventhough, the spesific process are determined by act and other regulations. Finally, beside initiative, intention and spirit to create a new autonomy also demand the process to fulfilled the Requirements and condition. Beside the article 18 of Republic Indonesia Constitution of 1945, there is Local Government Act 2004 Number 32 that regulated comprehensively about the autonomy, included the Requirements. This act determined about the Requirements of new autonomy in Chapter II article 4 and 5. In generally, the Requirementss are divided into three formulations, namely; Administrative Requirements, Technical Requirements and Physical Requirements. Although, we know the crucial and critical condition of new autonomy but in fact the Requirements of new autonomy only regulated in two article. Therefore, the new autonomy and initiative of autonomy flood the Indonesian government which can bring a bad impact for future of the territory. Page 3 of 7

4 In the above discussion we get three types of Requirements based on the Local Government Act 2003 Number 32. Beside the three types, there is a basic Requirements for create the new autonomy, namely; 1. Based on article 4 verse 3 Local Government Act 2003 Number 32, the new autonomy can be in form of annexation of some area which is side by side or unfoldment from one terittory be two or more territory. 2. Based on article 4 verse 4 Local Government Act 2003 Number 32, the new autonomy have to fulfill the minimal time of local government. According to two verse above, the new autonomy can be in form of annexation or unfoldment of an area which has fulfilled the minimal time of local government. Furthermore, it means if new autonomy can be created whether the part of territory still in process to be autonomy territory. In simply, it is very simple to create a new autonomy area. Beside the article 4, article 5 give a more spesific Requirements for the new autonomy territory. There are several Requirements that formulated in three types, namely; 1. Administrative Requirements Based on article 5 verse 2 and 3 Local Government Act 2003 Number 32, the administrative requirements, namely; Page 4 of 7

5 a. For new province, there is approval from regency or major and house representative of region/city which will be part of new autonomy, approval from governor and house representative of province, and recommendation from Ministry of State. b. For new region, there is approval from regency or major and house representative of region/city which will be separated, approval from governor and house of representative of province and recommendation from Ministry of State. Based on both explanation it can be concluded if the process to create new autonomy area is long and complicated. It is purpose for make sure if the area will be capable to run the autonomy and has strong foundation. Then, it means the key point in this matter is house of representative role in approve or not the initiative. Later, some issue appear if the new autonomy can create with pay some money. It will create the prematur territory which can t compete with another areas. 2. Technical Requirements Based on article 5 verse 4 Local Government Act 2003 Number 32, technical requirements is factor that become the basic, such as economical potential, natural resources, social and cultural value, demography, the legnth of territory, defense and security, and other factor. Page 5 of 7

6 It can be defined if the new autonomy have to be an area that has ability in economical potential which can describe with the income of people who live in there. Then, a strong foundation in natural resources in order to support the economical potential. In fact, we can t depend one area only from natural resources, it is only for modal to begin the new area. Moreover, the social and cultural value is one of most important factor. This factor can create a similar vision and mission among the people who live there because they come from one value. Furthermore, the demographyhjuy is needed to create an equal development as the foundation of autonomy. Then, the length of territory where can help the area to explore all resources to improve the economical ability. Finally, the defence and safety as the key point. Without unity the area can t improve and develop maximally. 3. Physical Requirements Based on article 5 verse 5 Local Government Act 2003 Number 32, there are some requirements for new autonomy, namely; a. At least 5 region for make the new province. b. At least 4 subdistrict for make the new region or city. From the expalanation it can be conluded if that will need a long consolidation and communication in order to get approval from other area to Page 6 of 7

7 make new autonomy area. In simply, for make a good area new need a good preparation. As seen, the basic resolution to make the autonomy area is to improve the public service and develop the condition of public facilities. Then, it is needed an initiative with stong foundation, intention and enthusiasm in order to create the good autonomy area. Furthermore, the concrete action with fulfilled and follow the requirements from the government is one ways to create a new area that ready to compete with another area. Moreover, the requirements purposes to avoid the area become fail to run the autonomy and become premature area. Finally, the government should be careful in approve the new autonomy, because it can bring damage such as create a new problem for society and new burden to central government. Then, the government have to be more active and adrit in control the new autonomy area. References 1. Republic Indonesia Constitution of Local Government Act 2004 Number Ridwan Juniarso, Hukum Adminitrasi Negara dan Kebijakan Pelayanan Publik, Bandung, Nuansa, Page 7 of 7