Local Government Function Authority in Indonesia and Japan[1] : Elaboration and Analysis on Similarities and Differences

A. Background

Local government in one country is regarded important for several reasons. One of them is function implementation for public welfare. It can be happened that there are differences in function delivery quality among local governments, however the principal more or less is the same, which is to give service and welfare for public. This is important especially for people in rural area where they are not close with the government centre as urban people and in some certain condition they have limitation in fulfilling the needs.

Another important reason why local government is important to deliver its function for public is, it is only local government that knows or understands the condition and needs of public, since they are closer. Local governments can estimate or know what resources are available and unavailable in their area to accomplish the needs of people, and based the local condition, they can map the service allocation for public.

For those purpose, the authority must exist. Local government can apply their function well only if they have a certain authority to implement function delivery process. This is also vital to be a guidance in determine their operational mechanism and target.

Furthermore, a clear definition or separation of authority, whether between central and local government or between local governments themselves must be present. Some reasons will be explained here using the case of Japan and Indonesia local government authority separation.

B. Indonesia System and Concept

In the Local Autonomy Law 23/2004, Article 10(2) mentions that for the local authorities, local government can run the autonomy as wider as they can, to regulate and take care the government matter by themselves based on the autonomy principle.

The concept using here is, local governmental matters are divided into compulsory and optional substances. Subsequently, the compulsory matter implementation is based on minimum standard of service and conducted in phases and set by Government.

Table 1

The Separation of Authorities Between Central and Local Government

(Provincial and Region/City Level)

Government	Authorities
Central Government	a. foreign affairs or politics; b. defense; c. security; d. justice; e. national monetary and fiscal; and f. religion.
Compulsory	a. development planning and control; b. spatial planning, using and supervising; c. public order and serenity; d. public tool and infrastructure; e. health service; f. education and potential human resource allocation arrangement; g. over regions/cities social problem overcoming; h. over regions/cities labor service; i. cooperation, small and medium enterprise improvement facilitation including over region/city; j. enviroment control; k. land service including over region/city; l. citizenship and civil administrative service; m.general government administrative service; n. investment administration service including over region/city; o. other basic services that have not been able done by region/city and p. other compulsory authority that mentioned by law	The concept of area and scale is used to determined which government should handle, e.g activities over one regions or cities will be handle by province government
Optional	Governmental authority which is exist and potential to improve social welfare based on condition, special characterisitic and local competitive potentiality

Sources : Republic of Indonesia Law 32/2004 concerning Local Government

Moreover, based on the Article 12 of Local Autonomy Law, governmental matters are divided into two parts :

1. Governmental matter that are given to local executive chief followed by financing sources, tool and infrastructure and employment transfer based on desentralised matter;
2. Governmental matter that is delegated to Governor followed by financing based on deconcentrated matter

C. Local Government Functions in Japan

Most familiar day-to-day public services are the responsibility of local government. These include: family and resident registration; building and management of daycare centers, kindergartens, primary and secondary schools, libraries, public halls and similar facilities; construction, maintenance and management of ref use and sewage disposal facilities, water supply and sewage works; development and improvement of roads and parks; and police and fire fighting services (Council of Local Authorities for International Relations, 2004, Local Government in Japan in http://www.clair.or.jp/e/forum/other.html).

Table 2

Division of Authorities in Japan

Government	Authority
Central Government	· juridical affairs; · criminal punishment; · transportation and communication at the national level; · national hospitals and sanatoriums; · facilities for navigation, meteorology, and sea channels; · national museums and libraries. · diplomacy, · national security,
Local Government	Prefecture Government	Municipal Government
· Similarities	· All domestic aspects except diplomacy, national security, the courts and the penal system · Public services : education, public works, health and hygiene, environmental protection, social welfare, social security, agriculture, forestry, commerce and industry · Regulatory functions : maintenance of public order, public safety and welfare, including the care and control of juveniles or the prevention of pollution · Build and improve roads, construct public rental houses, make city planning decisions and build sewage systems and parks
· Differences	· Operates numerous senior high schools and schools for the handicapped. · pays the primary and secondary schools teacher salaries . · mainly engage in wide area or large scale projects that extend over a number of municipalities, · undertake police administration · license and passport	· Establishes and operate primary and secondary schools. · each municipality carrying out the project within its territory, · mainly provide firefighting services and ambulant municipalities · garbage service

Sources : Elaborate from Local Government in Asia and the Pacific: A Comparative Study Country Paper: Japan in www.unescap.org/huset/lgstudy/country/japan and Local Government Class Material Week 7

In the Japan case, there are some overlapping in the function operational. The overlapping can happen in the level of central government and local government-prefecture and also between prefecture and municipal government. However, the sureness is there is area or scale limitation which is necessary technique in marking the line of authority and which government level should handle.

Under the current local autonomy system, it is hard to draw a clear line between the jurisdiction of local governments and that of central government, although it is mostly agreed that the degree of autonomy of local governments is limited and that many policies are formulated and decisions taken at the central level. The type and degree of autonomy which local governments are entitled to have differs greatly across sectors. This is the result of complexity of practices accumulated over a long time, rather than the application of a set of principles.” (OECD, 1997)

D. Analysis

1. Similarities

1. Functions cover service and regulation

Local government has an authority to operate functions including services and regulatory function as wide as mention in the law. For instance, services are education, health services. Regulatory function covers public order, safety and welfare.

1. The concept of area and scale for determining which government level should handle the function.

As in the general understanding, the authority of province or prefecture government is broader than region/city or municipal government. For Japan case, a larger or wider scale project is handled by prefecture government, while in Indonesia is not so different that, the activities that cover over regions or cities become the province government’s authority. Municipal or region/city concentrates to activities within their areas.

2. Differences

1. For Indonesia, there is a qualification or division concept of local government authority ; compulsory and optional authority.

This is a good concept considering Indonesia is still in the process of empowering all the local government aspects. Although Indonesia has been applying the decentralization concept since 1999, but there are a lot of aspects still in the process of implementation. Some are established well, while some others have to change because of the adjustment and unsuited result of policy implementation. Thus, besides the compulsory, Local Autonomy Law offers the optional authority based on each special criteria of local government. Each local government can decide whether they have been competent enough in taking that responsibility or not. Central Government can give the authority or responsibility based on the local initiative. In short, in the optional authority, the readiness from local government plays major.

For Japan case, this concept of compulsory and optional is not so recognized. Japan uses concept of decentralization with the separation of authority and local government implement the authority and pursues the aim, which is well-operated function.

1. Overlapping

As in the case of Japan, there are overlapping in the operational of local government function, such as road and school. To some extent, it will not become a problem only if that matter is solved or taken care by two governments in the overlapping. In addition, there will be a competition and one cannot monopoly one matter in overlapping (Local Government Class Week 7). This is a positive effect of overlapping process.

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Source : Local Government Class Material Week 7

However, the problem will occur if there is no party wants to take care or in charge for that matter, thus that project or activities is abandoned. To avoid this abandoning or blaming to each other, in Indonesia, the central government through the local autonomy law, draws a line among authorities, which one is in the central, province or region/city government authority. The rule of the game is determined first.

1. Central Government Role

It is undoubtedly that central government still plays an important role in the authorities or functions separations. To some extent, if the decentralization is conducted in a proper mechanism, then the role of Central Government is less needed. Local government’s independence can run very well if there is a strong initiative from inside the local government. Central government can do the supervising without interference, otherwise the local government enters the central government authority or national matter, and then Central Government can take the matter into the central authority.

In applying the decentralization concept, local government has been trying and learning to take the responsibility of being more self-governing. Central government role has been decreased and many aspects have been assigned truly by local. For Japan, this independence seems that a little absurd or ambiguous. The concept of decentralization is within the law, but the implementation is still contained a strong willing up to central government through some top down policies, such as the authority setting.

Local authorities can do anything (except in certain fields) so long as they do not infringe on the national legal framework. In the Japanese legal system, national laws and Cabinet ordinances (which must be based on national laws) always take precedence over by-laws of prefecture governments; and by-laws of prefecture governments over-rule those of municipalities. The fact is, however, that the central government has established national laws in major policy areas, keeping control over local governments. This situation can partly be attributed to the highly centralized system of administration in the pre-war period (Local Government in Asia and the Pacific: A Comparative Study Country Paper: Japan in www.unescap.org/huset/lgstudy/country/japan).

E. Further Elaboration : Persuasive Opinion

1. An obvious weakness of Indonesian system is that in the definition of function in the law, specifically in the optional authority, there is an unclear description present. The limitation is absurd and potential to raise question, to what extent “Governmental authority which is exist and potential to improve social welfare based on condition, special characterisitic and local competitive potentiality” can be defined. In short, the difficulty raised is the interpretation problem.

For that purpose, the lower regulation or law is necessary to define the function therefore it is clearer, although it will be better that such this type of provision is not first choice. The optional authority concept itself offers a good condition, which as a result, local government can measure their capacity in running their function.

On the other hand, for Japan, the overlapping can be overcome also by creating clear definition. It will make a more efficiency in local government function implementation. Although, sometimes the competition is good, but it is also potential in occurring conflict and inefficiency.

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Clear Provision or Definition

Indonesia To avoid an absurd and unclear understanding this will lead to function authority interpretation

Japan To create more efficient function operational by decreasing overlapping process

Point : Unclear Interpretation Matter

Point : Overlapping Decreasing Matter

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1. Disparity

a. disparity of local condition as the cause

b. inequality in achievement as the effect or result

In the decentralization operational, required consideration is in observing the capability and condition of each local government. The differences among them can result in two kinds – strength and weakness–. The positive effect is that a good competition can lead to a higher achievement of local government. On the other hand, it can also result a worse condition for local government that cannot get along in the competition, furthermore it will make a wider gap and disparity among local governments.

In this matter, first, the concept of compulsory and optional authority is suitable for country that in the process of decentralization implementation. Secondly, although the central government sets the function authority or its portion to local government, central government also must support in creating a conducive competition climate among local governments. Thirdly, local government must improve their capability and initiative, such as in the case of Indonesia, local government has an improved authority in function delivery process. Central government has decreased their role, and as a result local government can work more efficient in solving social or public problems, since they are nearer to grass root level and know better their local condition

F. Conclusion

Similarities and differences between Indonesia and Japan show the importance of function authority in local level. The elaboration is rather in emphasizing more on the local function authority implementation. What parts are positive enough now, although it is possible to improve, and for other parts, the issue will be: how it can be operated well or better. Although some parts mentioned about the central government authority, it is not the focus here.

The abolition of Agency Delegated Function in Japan can push the progress of decentralization implementation in Japan. Local government is expected to have a more independence and confidence in running their program and duty.

It is important for local government to have a clear function authority, so they can implement their function to public well. In the process, sometimes the concept and rule are challenged by the reality. The concept and decentralization must suitable with the local governments characteristic, however it is possible to observe other country’s experience in finding the positive aspect to improve local government capability.

References

Book

Council of Local Authorities for International Relations, 2004, Local Government in Japan in http://www.clair.or.jp/e/forum/other.html

Reports

Local Government in Asia and the Pacific: A Comparative Study Country Paper: Japan in www.unescap.org/huset/lgstudy/country/japan)

OECD, Managing Across Levels of Government Japan, 1997 in http://www.oecd.org/dataoecd/10/16/1902326.pdf

Local Government Class Material

Week 7

Law

Republic of Indonesia Law 32/2004 concerning Local Government

Websites

http://www.clair.or.jp/e/forum/other.html

http://www.oecd.org/dataoecd/10/16/1902326.pdf

http://www.unescap.org/huset/lgstudy/country/japan

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[1] The comparison between Indonesia and Japan is taken because the writer found several elements can be compared to each other and also can enrich the understanding about local government function authority.

Local Election in Indonesia and Japan : A Comparative Study

Introduction

For every country, election process is one important moment in the governmental and political system. Besides as the implementation of democratization, this process will also prove the public responsibility. The importance of election is that the rule and process of election will determine the further governmental process, since it will select persons in charge in the legislative and executive bodies and determine policies for public.

Indonesia with its decentralization system has been coming into several changes and progress. Transitions from one arrangement to another, in order of local government’s autonomy implementation, have led to this recent condition which totally different with the past of local government. Direct election for the head of local government is a crucial issue, since now local government holds more authority and public gives more attention to the election implementation and transparency. Public demands that their local government must be able to accommodate their needs, and in addition, the progress in the political system, including parties, has pushed election system into more transparent and democratic one.

On the other hand, Japan has carried out local government system since the Constitution and Local Autonomy Law were enacted in 1947. Progress and modification transpire by time, combined with the political characteristic of Japan. It is interesting to see local election in Japan, how the development in the election system can also lead to other aspects in the local government system.

By a comparative study, there are some similarities and differences between local government in Japan and Indonesia. Furthermore, these points will result similar and different policy outcomes as well.

Election for Local Government and People’s Representative in Indonesia : Some Changes

Local government in Indonesia is divided into provinces and regions/cities (municipals). Up until now, there are 349 regents, and 91 autonomous cities in 33 provinces. Governor and regent/mayor are the local executives, and People’s Representative Council exists in the Province and Region/City level are local legislatives.

Election process for national-local legislative and executive in Indonesia is carried out separately with special arrangements for each. For the local legislative members, the election is conducted together with national legislative members’ election, in one national general election. The law concerning this matter is General Elections for the Members of People’s Representative Council, Regional Representative Council and Regional People’s Representative Council Law 12/2003. However, for the head of local government, governor and mayor, recent condition, the election is based on Law 32/2004 concerning Local Government.

Special committee takes in charge in the election process is Committee of Election, which has Election Supervisory Body within. General election law mentioned, this committee works independently, ranges from national level into sub district level and has responsibilities :

1. to supervise every stage of election implementation;
2. to receive reports on violations of election legislation;
3. to settle disputes that arise in the conduct of election;
4. to submit findings and unfinished reports to authorized institution

Head of Local Government

Election in the local government level in Indonesia has been experiencing some development. The path ways of election process for head of local government as mention :

Pre-1999	1999 (based on Law 22/1999)	2004 (based on Law 32/2004)
Appointment mechanism The Regional People’s Representative Council proposed the candidates of governor and regent/mayor to central government, and central government appointed one.	Indirect election. The Regional People’s Representative Council elected governor and mayor and reported the result to central government	Direct election for governor and mayor and their vices (in couple).

Elections for governor and regent or mayor are held once in every 5 years. The candidates form with their vices or in couples, and are required to be proposed by political parties. The chance for independent/individual candidates is open, but still it must be through party’s proposal.

The eligibility age of candidates is at least 30 years old, while re-election is limited into another one period, thus the limitation for total term of position will be two periods.

The latest data on governor and mayor, and their vices total elections for 2006 are (see Appendix 1)[1] :

- Governor and vice election : 7

- Regent and vice election : 66

- Mayor and vice election : 12

For regional level (see Appendix 2)[2], during 2006, in the election for governor/vice and regent/mayor/vice, in general the voter turnout was range from 70% – above 80%, only special cases happened were about 45% (Batam city) and 55% (Pakanbaru city).

Local Assembly Member

Local assembly in Indonesia comprises Regional People’s Representative Council in the province level and region/city level, and has a unicameral system within. All members of these councilc are partisans. The election for these council members is conducted once in every 5 years.

To observe Regional People’s Representative Council voters in Indonesia, it is necessary to see general election, since the election for regional people’s representative in the province and region or city are held together with the national People’s Representative Council.

The latest general election held in April 2004, there were still 32 provinces participated, and 24 for political parties. Based on the Decision of Committee on Election Number 32/2004 :

Total people who fulfilled the requirements to become voter 148,000,639[3]	Applied their right 124,449,038 (83%)	Legal 113,498,755
		Illegal 10,957,925 (8,81%)
	Did not apply 23,551,321

Source : www.kpu.go.id

Since the election for regional local assembly in Indonesia (province and region/city) is conducted together with the election for people’s representative council for national level, then the voter turnout for regional people’s representative council can be seen as the same as the voter turnout in whole. From the explanation before, we can see that the voter turnout for assembly council reached 83%.

System of Election

For the regional people’s representative council, voters can chose the picture of political party and the name of candidates[4]. However, it is still legal if only chose the picture. In the general election 2004, the number of voters who just chose the picture were 54,188,481 and voters who chose both pictures and candidate’s name were more than they who chose pictures only (www.kpu.go.id).

Indonesia applies majority system for governor and regent/mayor electoral system, however for the local legislative member, uses proportional representative mechanism.

Japan Condition

Since May 1947, the Constitution and the Local Autonomy Law were enacted and marked the change in the local government system, from Germany system into American system (Ministry of Home Affairs, 1984), and this change was also including in the election field.

The organization of Japanese local government is similar to the presidential system where the citizens choose the chief executive and members of assembly in direct elections.

Chapter VIII Article 93 of the Constitution of Japan mentioned :

“The local public entities shall establish assemblies as their deliberative organs in accordance with the law. The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their respective communities”

This election is carried out in every 4(four) years. The eligibility of candidates to participate in the local election is over 25 years old for mayor and assembly members and 35 years old for governor (Local Government Class Material Week 7). The backgrounds of candidates are varied from civil, servant, Diet member, high ranking official of local government, local assembly or local business man. Re-election is defined unlimited, and chief executive of local government can demand for reconsideration or re-election to Local Assembly (Ministry of Home Affairs, 1984).

Scheme of Local Government Mechanism in Japan

Source : CLAIR 2004

Election Management Commission is one of administrative committees, in the prefecture and municipal level that takes in charge in the electoral process, management of elections and other related affairs. This committee stands independently and fairly, in order avoiding bias. For local assembly, the membership is open both for partisan and non partisan candidates.

System of Election

Voters write down the name of candidate, and then the vote is counted using the simple majority system for governor and mayor election, and on the other hand for local assembly members’ election uses multi-member constituency and single casting system (Local Government Class Material, Week 7).

There is also often a reverse relationship between the level of election and the rate of voter turnout in Japanese elections. Ordinarily, the lower the level government is, the higher the rate of voter turnout. In the council elections for towns and villages, the voter turnout often reaches 90 per cent. In 1991, it was 87.18 per cent, although the average turnout of the elections for the House of Representatives remains at around 70 per cent. In 1994, the Lower House election the turnout rate was only 67.26 per cent (OECD, 1997).

Comparative and Policy Outcomes

Similar points between local government election in Indonesia and Japan are

1. (Simple) Majority system for local executive
2. Direct type of election system
3. Independent institution manages the election

1. Party entry pass for executive candidates

Political party or some parties in together, propose candidates for head of local government. In Indonesia, this requires whether partisans or independent candidates to pass one door mechanism which is party. In Japan, two political parties can cooperate in candidate’s nomination locally, where in the national level these two parties compete.

There is also an effort to bring up discussion about the role of local party and the rule for them in election participation recently. This kind of new development must be anticipated well by government and Commission of Election.

1. (Simple) Majority system for executive

There is critics for majority system in the executive election, that it will invite conflict because of dissatisfaction from light loose. This concern can be answered by fair rule and transparent process of election. So far, the proportional system still capable in legislative election, for this can also accommodate the minority as well, especially in Indonesia with multi party system.

1. Direct type of election system

The shift from indirect election system to direct one, actually becomes the focus and important. To what extent, local government can put its role on the implementation. For Indonesia, besides the autonomy field that later belong wider to local authority, the change of electoral means so much, as another addition point to acknowledge the existence not only local government, but also public, vis a vis local community.

Direct election system results the elected persons to have more public responsibility than appointed one, in addition the voters are the community they serve as well. Although for head of local government, they still must relate to national government, but their achievement to be elected make an important conditions, where the respect or priority will come for voters. In other words, public will be more important.

For Japan case, the change will result in the change of local government position character. Muramatsu (1997:64) explained that :

“Essentially, the postwar constitution and the Local Government Act established the framework for a new, decentralized central-local relationship by providing for the direct popular election of governors. My focus here is on whether, as a result of direct election, the prefectures character as intermediate bodies has change from being agents of the state to serving as intermediaries for both sides, and specifically on what form this change may have taken.”

Another advantage from this system is chief executive or governor-mayor-regent will be likely to local representative. Furthermore, some years ago when Local Government was first introduced, there was an issue of “putra daerah” or “locally (birth) son”. It was said that the first priority for local government leaders must give to the putra daerah, since they are originally come from the region or province. For the vice leader, this provision came lighter, that it was allowed for non putra daerah to hold that position. Since the candidates must be nominated in couple, usually the executive candidate is putra daerah although he or she is not fully qualified but is not native in that area. This combination on occasion results well, but it cannot be made generally.

This spirit could be arisen also because of the demand from local community to have a larger authority rather than central government intervention.

However, this direct election system and principle also can give effect differently, that from this system, people tend to choose popular candidates. For example, in some area, the criteria will arrive to popular candidates, although he or she was not locally born there. Undoubtedly, this has two impacts as on a coin. The advantage is the relationship between candidates and public is examined. They have to know public and also known by public, there the trust will be built among voters. If the voters are smart then the choice will go to a qualified-popular candidate. However, this also has a possibility that unqualified-but popular candidate will be chosen.

Policy outcome can raise is direct election is still the better mechanism compare with appointment, as long as requirements are fulfilled.

1. Independent institution manages the election

The independent Election Committee is important to prevent the neutrality of political aspect during election. In Indonesia, it is stated by law this committee reaching from central body in national level, provincial branch, region/city branch and sub district branch level. This institution is very strategic and important because first, it implements the election rule, secondly, it has an authority to make report of violation, and thirdly the result of election is released legally by this institution. In short, based non those reasons, the neutrality of this committee is important.

Differences points between local government in Indonesia and Japan can be explained as mention :

Table 1

Differences of Local Election in Indonesia and Japan

Differences

	Indonesia	Japan
Local Assembly Election	Together with National Assembly Election in a national general election –coordination is under the National Committee of Election	Conducted locally – under the management of prefecture and municipal Election Administrator Committee
Election Regulation Base	- General Election law for local assembly member election - Local Government law for governor, regent/mayor and their vices election	Unified in the Constitution and Local Autonomy law
Local Assembly Members	Partisan only	Urban : most of are partisan (and the rest are independent members) Rural : Most are non partisan
Local Legislative Electoral System	Proportional	Multi-member constituency　and single casting system
Governor; Regent/ Mayor and Vice Candidates	l Directly elected in couple form (Law 12/2003 Article 24 point 5) l Party entry pass for executive candidates – including for Independent candidate	l Only governor and mayor are directly elected, on the other hand Vice Governor and Deputy Mayor are appointed l Executive candidate can be independent or party nominated
Limitation for Re-elected	Limited until the total of two periods working (one period re-elected) (Law 12/2003 Article 110)	Unlimited (potential for status quo)
Voter Turnout	In general, both urban and rural voter turnout has a light difference. Few voter turnouts only happens cases.	Rural area has more voter turnout than urban area.

Source : Data Elaboration

For Indonesia case, where the election for local assembly is arranged together with national assembly general election, public will be persuaded to be in one election condition. The spirit and conducive situation are created, thus this will make a support and motivation for public in participating, or giving attention to the political situation. For some reasons, this is important. First, that election situation and spirit can be one way of political education for public. Public concern is important to select qualified and popular elected politician. Secondly, that condition is important for voter turnout. Voter turnout is important to fulfill the support for elected persons. Besides the urban and rural division voter comparison elements, in the case of Indonesia, since local assembly of member election is conducted together with the national assembly member, then there is no division of voter turnout between national and local assembly member voters. It will not be different. However, if we want to compare it, then as it is mentioned, the element of comparison will be urban and rural voters division.

The disadvantage of this mechanism is, if the arrangement under national coordination is unhealthy or corrupt, then the impact will touch many elements since it is a national general election.

In observing the local assembly member, that Indonesia accommodates only partisan members, compare with Japan that accommodates independent popular candidates besides partisan, there are outcomes from these system. Considering that local assembly is the counter balance for local government, and then it is important to have independent members within. If the elected members are only allowed for partisans, then the focus to party will be high, instead of people or public interest. To balance it, we can use the independent members as their background will accommodate public interest before the executive.

For Japanese system, where executive vice is appointed, then the system will be 50:50 between direct for chief executive and indirect for the vice. Actually the vice position is important, in the time of sudden chief replacement or especially for politician who has ambition to be chief executive. Vice position can be a way to gain popularity, so by the time he or she joins in the direct election for chief executive, then they already gain support and popularity. In addition, besides from local background, then it is also possible he or she comes from central government base. Since vice position is important, the direct election will be suitable to choose a qualified one.

Conclusion

In observing Indonesia with its progress in the local election system, since the local assembly members’ election is held together with the national assembly members’, the coordination and management which is under National Committee of Election, must be built very health and fair. Otherwise, if the national coordination has been unfair or weak, then the impact will touch many local government – provinces; region/cities.

Japan system, though has been applied a wider local autonomy including in the election system, but still contained by national government aspects, for example there is opportunity for vice executive comes from bureaucrat in central government. This intervention can be resulted from top (central government’s initiative or intervention) or bottom (local government itself or dependency). Nevertheless, the shift is done in several ways. As the result of direct election and improvement in the local government system, governor characteristic shifted from merely national branch side to local government character. The election system itself has been applied well including the open chance for independent candidate participation although party must be involved as the pass except for Japan local assembly.

***

Bibliography

Books

Council of Local Authorities for International Relations, 2004, Local Government in Japan in http://www.clair.or.jp/e/forum/other.html

Ministry of Home Affairs, 1984, “Local Administration and Finance” in Tsuji Kiyoaki eds., 1984, Public Administration in Japan, University of Tokyo Press, Tokyo.

Muramatsu, Michio, 1997, “The Changing Role of Prefecture” in the Local Power in the Japanese State, University of California Press, California

Tsuji Kiyoaki eds., 1984, Public Administration in Japan, University of Tokyo Press, Tokyo.

Local Government’s Class Material

Week 7

Report

Head and Vice of Local Government Election from who Finish Their Term in January to December 2006 to February 2007 with The Schedule of Local Election for Head and Vice of Local Government in http://www.depdagri.go.id

Local Government in Asia and The Pacific : A Comparative Study Country Paper : Japan, in http://www.unescap.org/huset/lgstudy/country/japan/japan.html

Managing Across Levels of Government : Country Case Japan in http://www.oecd.org/dataoecd/10/16/1902326.pdf

Law

Chapter VIII Article 93 of the Constitution of Japan

Republic of Indonesia Law 22/1999 concerning Local Government

Republic of Indonesia Law 12/2003 concerning General Election for Members of People’s Representative Council, Regional Representative Council and Regional People’s Representative Council

Republic of Indonesia Law 32/2004 concerning Local Government

Websites

http://www.oecd.org/dataoecd/10/16/1902326.pdf

http://www.depdagri.go.id

http://www.clair.or.jp/e/forum/other.html

http://www.unescap.org/huset/lgstudy/country/japan/japan.html

http://www.kpu.go.id

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[1] The total is already included election for working term finished in February 2007, since the election must be held at least one month before it is ended. Schedule for Head of Local Government Election.

[2] Appendix 2 covered local election in 2006 only (not including election for working term finished in January and February 2007). Focus here is the voter participation.

[3] There is a difference between the total number based on Committee Election Decision (148,000,639) and the explanation from the Committee about the total from people who applied and did not apply (148,000,359). Until this paper finished, the writer could not find the suitable explanation for this.

[4] Voters receive the election sheet, which shown the political party pictures and candidate’s name. In the closed room where provided the nail and desk.

Social Capital Concept on Political Economy Study in Developing Countries

Introduction

Development process, including political economy, will always relate with social condition, since economic is embedded to social relation. Conducive social capital is important to profound daily tasks and creates trust and social relation among groups.

To achieve an efficient economic and politic development progress, social capital is vital. Besides trust and networks, building social capital in developing countries represents the cultural component. In developing countries, particularly in the rural areas, it is informal rather than formal associations that have most value for citizens (Krishna, 2002). Informal associations are common as rural communities. Hayami (2001) studies on community role in the developing country cleared that rural communities demonstrated their capacities to manage resources.

There are many factors influence social capital growing; customs-ethnic and religion as the social capital sources in developing countries, participation, bonding and bridging quality, networks, or even the state interference. Here are seen high and low conditions of social capital. Though a general decline does not mean decline everywhere (Putnam and Feldstein, 2002 : 4), because social capital built in one area is not always the same with other places and in addition it takes time in its forming.

Further, this paper will discuss about the advantages and disadvantages of social capital concept on political economy study in developing countries. To gain clearer understanding, some cases in Indonesia will illustrate the explanation.

Advantages

Paul Collier mentioned about classification of social capital based on the economically beneficial results. First, social capital facilitates the transmission of knowledge about behavior of others, reducing problem of opportunism through repeat transactions that establish trustworthiness and reputations. Second, it facilitates the transmission of knowledge about technology and market, reducing market failures in information. Third, by relying norms and rules, social capital reduces the problem of free-riding, thereby facilitating collective action (Grottaert, et al , 2002:9).

In my opinion, the advantages of social capital using in the political economy are :

1. The economic function of social capital is to reduce the transaction costs of private goods and services, associated with formal mechanisms like contracts, and bureaucratic rules. Trust and network play an important role here. The economic process will be run more efficient if social capital implemented well.

First example is about natural resources management. Rural association or community group can manage and utilize natural resources with a certain system or mechanism. All members can get benefit from the natural resources, but on the other hand there are rules or norms which tie all of the members and monitoring mechanism to prevent free-rider. The irrigation system in Indonesia is included here.

From the neo liberalism view, this concept must apply totally, means that state function has to be applied in a minimum scale. However, developing countries including Indonesia have not been able to decrease state role in managing resources. State role is still needed to regulate the rule of resources management, in particular for public natural resources.

Second example is in trade transaction, in case of market and state are failed to fulfill the demand of people, community –social capital — can replace the mechanism and furthermore they will act independently. Hayami (2001) explained community as critical in correcting state and market failure.

The case about small-medium enterprises (SMEs)in some areas in Indonesia is real example of this. When they face difficulties to get financial loan or credit from the bank, because of difficult requirements and bureaucracy and they also lack of knowledge and networking, then they gather to form a small association among them and step by step try to overcome their problems together. Their efforts is due to collective interest and sacrifice some things such as fund, understanding, patience, discipline for they obey the groups rule, but later obtain benefits such as networking, marketing, customers and income. In the beginning, the association formed small with few members within. Then members are increasing time by time. One prove of their achievement is during the last financial crisis, it is only SMEs that can survive. Since they are not depend on state, when state was facing difficulties then they were not influenced. However, this success story is not happening entirely in all part of Indonesia.

2. Social capital helps to understand or even prevent conflicts better. For example, in the post-conflict areas, social capital is commonly used as the tool to build recovery and social glue among all components of societies. Christiaan Grootaert (2002;12) mentioned that “ … in some cases fostered cultural revitalization”. Furthermore, understanding in social capital will be related in understanding political economy in that area. The example is Maluku case in the reconciliation that exercises social capital in local village first to unite society.

3. Social Capital and State

Taken from Synergy View, concludes that synergy between government and citizen action is based on complementary and embeddedness (Evans, 1992,1995, 1996, in Woolcock and Narayan, 2000).

“Complementary refers to mutually supportive relations between public and private actors and is exemplified in legal frameworks…… Embeddedness refers to the nature and extent of the ties connecting citizen and business group”

This is important to understand that government in applying the development program must give attention to local social relations. To reduce poverty, the policy made by public institutions must involve people to participate in the development program. This approach can reduce the cleavage which is inefficient for development.

However, in the social capital organization or community, the role of state or government is limited or at least be certain of the group. State must not influence the group to a large extent therefore be dependent. State can open opportunities for the groups or facilitates so the social capital comes up and networks widen (bridging). In other words, state and community position must be balance. Any powerful community will also lead negatively to weaker position of state.

Disadvantages

Using social capital in the political economy study also has some weaknesses so far, especially in the developing countries which have pluralism characteristic. First, no matter how little it is, social capital through the form of association has possibility to separate people. In the multicultural, multi religions or multi-ethnics countries, ethnics or customs and religion are easily becoming the source of association. Somehow, it is rather different with the concept of unity in countries. For instance, there are many associations based on ethnic source in Indonesia, but the state always sounds about nation and unity among people without seeing what ethnic they come from. State then proclaims ‘unity in diversity’ as one way to overcome this but without neglecting the unity.

In countries where ethnic and religion are two sensitive matters, social capital must be developed carefully. If it executes inappropriately, then conflict is potential comes up.

In one side, the ethnic association – contains social capital and trust within- can perform progress including in the economic field, for their life. However, on the other side, it is different with state program that always promotes national unification.

Secondly, most of the studies of social capital are still based on developed countries, whereas social capital in the developing countries also grows with their characteristic. In my opinion, the approach of social capital in developing countries relates with many factors including religion and customs values. There are more diverse forms of social capital in countries where multi cultures and multi-ethnics people live. Norms and sanctions have sources from customs or religion or none of them, and in some cases the members in the groups do not determine them, but just follow the customs rules.

That condition can be different with western countries, where formal associations are common and the diversity is not emerged largely.

Conclusion

Social capital concept is important in the political economy, especially in the developing countries. The types and quality of social capital are different among associations, however the function are significant in the development process.

The advantages are based on empirical evidences that social can contribute to economic development and poverty reduction. The economic function of social capital is to reduce the transaction costs of private goods and services. Furthermore, related with social conflict, a fine application of social capital can prevent conflict because there is awareness to other people, and for post-conflict area, social capital can be used as social glue. Social relations provide opportunities for mobilizing other growth enhancing resources (Woolcock and Narayan, 2000).

The disadvantages are there is opposite intention from the grouping or association from with the unity spirit of state or developing countries. Secondly, the study of social capital in developing countries still rare and have to focus to customs and religions values as the sources of social capital.

In the field of political economic, people must understand how to connect to state and market. In some condition, when there is state failure, then the social capital can grow well.

Reference

Grootaert, Christiaan, and Thierry van Bastelaer (eds), 2002, The Role of Social Capital in Development : An Empirical Assesment, Cambridge University Press, Cambridge

Hayami, Yujiro, 2001, Development Economics : From Poverty to the Wealth of Nations, 2^nd edition, Oxford: Oxford University Press.

Krishna, Anirudh, 2002, Active Social Capital : Tracing the Roots of Development and Democracy, New York, Columbia University Press

Putnam, Robert D. and Lewis M. Feldstein with Don Cohen, 2002, Better Together Restoring the American Community¸Simon & Schuster Paperbacks, New York

Woolcock, Michael and Deepa Narayan, 2000, Social Capital : Implications for Development Theory, Research, and Policy, The World Bank Research Observer vol. 15 no.2 .

Comparative Cases on Social Capital in Indonesia

 

Introduction 

Discussing social capital in Indonesia is interesting. Many areas using social capital show various degrees and condition. The ups and downs of social capital in Indonesia are influenced by several factors, including the quality of the social capital mechanism and the state role in the social capital activities. To some extent, it can decide the improvement of social capital further. However, in some cases, social capital still exists whether there is state role or not within.

In developing countries, particularly in the rural areas, the form is informal rather than formal associations that have most value for citizens (Krishna, 2002: 5). Civic community understanding from Putnam may be manifested in developing countries as two, urban and rural community. For urban area, some civic communities are rather similar with clubs or modern associations, however the basic traditional form of social capital is not loosen and still exist numerously. In rural area, there are no social clubs or communities based on western styles and by some means, traditional and informal associations, especially those which based on religions and customs, are established diversely.

Fukuyama (1999) mentioned that religion is one source of social capital ties the people strongly. Although religion is not the base of country, in Indonesia religion plays an important role in daily life. Especially in the local area, people do many activities related on the religion base. 

Choosing cases of social capital in Indonesia is not easy because of its diversity. Here, comparative analysis will be used as the tool to analyze cases of successful and unsuccessful social capital.

Hypothesis for Indonesia

• Social capital is important
• Bridging, monitoring, independence aspects are matter to determine the strength of social capital.

Cases

In Indonesia, there are some types of social capital associations such as religion-based, customs based or non-religions and/or customs based organizations. Some examples of social capital in Indonesia are :

-         Gotong royong system

-         Subak

-         Arisan and

-         Pengajian

Recently, social conflict and natural disaster occurred in several places. To some extent, they influenced the development of social capital in the certain areas. They are included :

-         Ethnic conflict in Poso, Sulawesi island

-         Religion conflict in Maluku province

-         Tsunami disaster in Aceh

 

Lasting	Decreasing	Awakening
-    National scope : gotong royong, arisan, pengajian-    Bali Province : subak system	- Poso and Maluku in the conflict time.	-       Aceh-       Maluku and Poso in the reconciliation

Ø      Lasting Group

Gotong royong, arisan and pengajian, have shifted from the internal community groups into larger scale of scopes and membership. Gotong royong mechanism is nationally known and become the pillar for mass motivation and activities. Through this system, people do every activity, especially for public purposes, together. Participation and networking in a project will be more meaningful if conducted by members involving other groups.

In arisan (rotating credit association), a non-religion and non-ethnic based association, the function is to spread the benefit among other is strong here. The head of association organizes the activities run well. By giving some certain amount of money regularly, all members are equal to have the same chance to receive all money collected from all of the members.

The source of pengajian is religion, which is the base of the members’ community activities whether the activity is related with religion or not.  Many cases show that it is not just merely a religious group gathers routinely, but moves to be social group that can do social activities. Usually here ‘leader’ play an important role but if we use the term in the Tupelo case (Putnam and Feldstein, 2002) where there is not a really leader there, but someone who can open the social capital chain to come up, then it maybe similar in the case of  pengajian. Sometimes, the actors who play an important part are not the leaders, although in some other groups they are elected to be leaders as well. There can be more than one actor who persuade people to think and act for their improvement and they do not have to be leader.

Subak is a traditional irrigation system in Bali based on local custom, has been successful sustained across the religion and ethnic borders. The development then involves other villagers who are not Balinese and non Hindu people and applies participation among all stakeholders, along with monitoring mechanism followed by social sanction based on custom norms or rules.

 

Ø      Decreasing Type

In Poso and Maluku, associations and communities before conflicts are rather based on customs or ethnic and religion base. These two areas faced a decreasing social capital sharply while conflicts occurred. Poso experienced ethnic social conflict between Dayak ethnic people as natives and Madurese as the comer. In the case of Maluku, the religions conflict between Islam and Christian happenned badly.

For both cases, before the conflict, there was a good condition, including in social and trade relationship, but still low in social cohesion. However, like in any other cases where new comers are more struggle and experienced, they can reach more succeed achievement rather than the natives, it caused social jealousy in the natives, and was worst as elites played political strategy by placing leader from minority, and brought up sensitive issues such as ethnic and religion. Unavoidably, the conflict spread widely.

There are two main questions raised; why the social capital developed before the conflicts could be ruined and why the previous social capital could not prevent the conflicts happened?  These questions will be answer in the next part.

 

 

Analysis : what make differences

 

These cases, including the decreasing ones, are happening continuously for long time. The members have maintained these activities and some provide kind of social sanction within to uphold services quality. In the lasting social capital, where some has been national-widely known, there is awareness among people to maintain this social capital and enhance cross-cutting networks as well.

Some initial points in discussing this substance are; first, bonding and bridging. Narayan (1999) explains that there may be high social capital within a group (“bonding” social capital) which helps member, but they may be excluded from other groups (they lack “bridging” social capital). This is negative effect of bonding social capital and happened in Poso and Maluku.

To answer questions in the second part, in the decreasing cases, what thing can be taken is that before the conflict, the social capital circumstance was good but not strong enough in facing the intrusion. Bonding was enough only for surviving, but strong bonding social capital (dominated by kin-based or ethnic links) will lead to low levels of social cohesion (Grootaert et al, 2002: 13). Besides the difficulties to open the chance for improvement, in addition strong bonding potentially leads to conflict. Each group fights or competes for the same goal, for example political power or economic center acquirement. Obviously, there is no self-interest well understood. In sum, the social capital was vulnerable; strong inside but difficult to get ahead.

Second is monitoring aspects. In subak system and gotong royong, arisan and pengajian, there is and active communication and monitoring mechanism likely to be in place. It does not mean that ethnic or custom-based social capital neglect it, but in the case of Poso and Maluku – where monitoring mechanism were present too-  it was truly inside their groups. Subak system and gotong royong, arisan and pengajian have a wider range of member, makes the monitoring mechanism is fruitful when it is applied well. In subak system, the base for this mechanism is custom, but then the scope of mechanism covers a wider range not only Balinese native and Hindu people. A wider loyalty and trust constructs individuals acknowledge their relation with other people and do not think merely about themselves. In the contrary, in Poso and Maluku before conflict the bonding was totally focused inside the association, without self-interest well understood and intention to create bridging.

Lastly, there is too deep outsider or state interference. In the Poso and Maluku, strong bonding in communities and association were intervened by state and elites. State used the communities to apply their policies and elites used it to apply their interest. This condition is different with the social capital types in subak system and gotong royong-arisan-pengajian which are independent and act freely to fulfill their needs or accomplish activities.

State role is good as long as it can open or help the organization or association to do cross-cutting networks. Hence, they will have benefit to cover their lack of resources. On the other hand, community cannot be too strong either toward state, because in this condition, the possibility is community will dominate state.

Possible Collective Actions Mechanisms and Mediating Agency

In the awakening of social capital, what things will make difference with previous social capital?

For cases Aceh, Poso and Maluku, some mediating agencies, ranged from local people or actors to NGO, participate with the social capital building. Krishna singled out any effective collective action requires agents who recognize and can help others take advantage of the opportunities that exist in the environment (Krishna, 2002:13). If we take the understanding from Putnam that social capital can be reproduced, then this is the process to rebuild, although social capital cannot be so easily created or shaped by public policy either (Fukuyama, 1999). Though the role of mediating agency does not release the spontaneous character as well for they can only be the agency to encourage social capital forming and the most important is citizen must do the engagement by themselves. This is to emphasize that mediating agency does not guarantee social capital will be succeed performed.

The tool or mechanism for transmission can be various. Education is important. In Maluku, they recover school first. They realize education is a substantial part to transmit information. Secondly, dissimilar with developed countries, in developing countries high level of newspaper tradition can be found in the urban area, it is rarely operated in rural. As the complement, the mechanism information exchange and communication in rural area is conducted through religion or villager meeting, and any informal mechanism. These are quite effective in performing information exchange and direct communication.

Conclusion 

In general, we can say that social capital in Indonesia, in various forms and sources, still exists diversely and important. If we measure those kinds of social capital in Indonesia by the norms, networks and social trust, then we can find them within the cases.

There is consciousness among people to generate and maintain social capital again because of the benefits gain from it. This consciousness is important because to start and maintain social capital, since the awareness is the basic.

In sum, reasons of low social capital or its barriers in Indonesia are first, too strong bonding without bridging causes negative impact of social capital. Second, there is too deep interference by state or elites make the association is not independent to act and potential to be used for political reasons.

Education and direct communication are still reliable in Indonesia as the tool to transmit information and social capital ideas. Mediating agency is helpful although is not guaranteeing to perform a success social capital, other than people with awareness to construct social capital exist.

 *** 

References 

Fukuyama, Francis, 1999, Social Capital and Civil Society in http://www.imf.org

Krishna, Anirudh, 2002, Active Social Capital : Tracing the Roots of Development and Democracy, New York, Columbia University Press

Narayan, Deepa, 1999, Bonds and Bridges Social Capital and Poverty, The World Bank Poverty Reduction and Economic Management Network, August.

Putnam, Robert D. and Lewis M. Feldstein with Don Cohen, 2002, Better Together Restoring the American Community¸Simon & Schuster Paperbacks, New York 

A Brief Overview of Trafficking Problem in Indonesia

Background  

The development of trafficking has shifted into positioning human beings − women and children − in vulnerable and/or subordinated conditions. Trafficking in persons is one of the worst treatment forms of acts of violence that persons, especially women and children, experience; it is categorized as criminal acts and human rights violation.

Trafficking in human beings, particularly of women and children, has been loudly denounced by the international community as a human rights abuse, and  one violence against women. Governments are responsible for ensuring human rights on their territories, they have an obligation to protect individuals from such practices, prosecute violations, and provide effective remedies for victims.  Today, trafficking has improved into organized crime network and become more sophisticated as it is called as a transnational crime. The actors can be ranged from persons, groups, to corporations. Victims are treated as if they are goods that can be purchased, sold, transferred, and resold as commodity objects that are beneficial for the perpetrators.Human trafficking is a problem around the world, not just in Indonesia. It is difficult to predict the exact number of victims entrapped. Besides as a source and transit country for international trafficking, Indonesia also has an internal trafficking. On December 23, 2002 President Megawati announced her approval of the National Plan of Action for the Elimination of Trafficking in Persons and Children. Later, The Government of Indonesia has signed the United Nations Convention against Transnational Organized Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in Palermo, Italia, in 2000, as the embodiment of Indonesia’s commitment in fighting against transnational organized crime, especially fighting against the crime of trafficking in women and children. In addition, this bill law is formulated with an intention to show the national and international commitments, realized under bilateral, regional or multilateral international cooperation, to carry out efforts to prevent and counter the crime of trafficking in persons (www.humantrafficking.org).  

The Concept of Trafficking  

The increasingly rampant problem of trafficking in persons in various countries, especially in developing countries, has come to the attention of the international community and organizations, especially the United Nations. The United Nations defines human trafficking as:  “the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.” (2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children; Supplement to UN Convention on Transnational Crime)  In sum, there are two types of trafficking :

1. International or transnational trafficking. Here the activities and transaction cover across borders of countries. In this kind of trafficking, it relates at least two countries and more often more than two.
2. Domestic or internal trafficking. Trafficking here has function to fulfill the request or demand of trafficking object domestically. Internationally for the purposes of trafficking are sexual exploitation, forced labor, slavery, servitude or removal organs and even for brides.

Trafficking in persons is different from smuggling of persons. The smuggling of persons emphasizes more on sending persons illegally from one country to another that benefits the smugglers, meaning there is no exploitation against the smuggled persons (The Elimination of Trafficking in Persons in Indonesia 2004-2005)  

Trafficking in Indonesia

The NGO Migrant Care estimates that up to 1.2 million Indonesians (mostly women) migrate for work   abroad each year. At any time, there are approximately 4 million Indonesians working abroad sending home up to US$ 2.8 billion each year, which is the equivalent of about Rp 25.2 trillion. It is not known how many of them are trafficked. However, up to 2/3 of these migrants work abroad illegally – many of whom were deceived regarding the legal consequences of such work, making them vulnerable to abusive working conditions and threats of arrest and deportation. The fact that their hard work generates so much income for the Indonesian economy makes international migrant workers a prime target for human traffickers (Statistic in www.stoptrafficking.or.id).

Based on Article 1 Draft of Bill Anti Trafficking in Indonesia, definition of trafficking　is:”Trafficking in persons shall mean illegal acts of recruitment, transportation and transfer of persons for physical, sexual as well as labor exploitation purposes and which will produce both material and immaterial benefits”.   

A.      Routes
Trafficking occurs throughout Indonesia with different areas identified as sending, receiving and transit areas of regular migrant workers, as trafficking typically preys off of persons looking for work away from home.  There are some typical areas :  

Table 1  Indonesia Routes 

Typical Areas	Location
Sending Areas	Sending areas are those from which victims originate. Sending areas tend to be where job opportunities are least available and are typically rural and relatively poor. Sending communities are generally located on Java and North Sumatra, although Lombok, North Sulawesi, and Lampung are also notable sending areas.
Receiving Areas	Receiving areas are those to which victims are sent. Certain destinations have typical forms of traffickingFor example : 1.        Forced Sex Work: Batam, Jakarta, Bali, Surabaya, Papua and other areas where the sex and tourism industries are found within Indonesia. Japan, Malaysia, Singapore and South Korea are known international receiving areas. 2.        Domestic Work: All major urban areas within Indonesia as well as Hong Kong, Malaysia, the Middle East, Singapore, and Taiwan. 3.    Mail Order Brides: Taiwan 4.   Cultural Dancers: Japan
Indonesia as Receiving Country	There is some evidence that women are trafficked to Indonesian from Asia and Europe for sex work
Transit Areas:	Transit areas are those through which victims pass en route to a receiving area. Most transit areas are those with major seaports, airports, land-based transportation hub, and international border areas. These include Jakarta, Batam, Belawan, Deli Serdang, Riau Province, Surabaya, East Kalimantan, West Kalimantan, and Lampung

Sources : Data Processing from www.stoptrafficking.or.id and Coordinating Ministry for People’s Welfare, 2005, The Elimination of Trafficking in Persons in Indonesia 2004-2005, Jakarta. 

In Indonesia as a transnational place for transit and destination country for human trafficking, Indonesian victims are trafficked to Malaysia, Saudi Arabia, Kuwait, United Arab Emirates, Hong Kong, Taiwan, Japan, South Korea, and Singapore. To a minimal extent, Indonesia is a destination for women from the People’s Republic of China (P.R.C.), Thailand, Taiwan, Uzbekistan, the Netherlands, Poland, Russia, Venezuela, Spain, and Ukraine who are trafficked for sexual exploitation (http://gvnet.com).

  
B. The Problem 

The crime of trafficking is a crime that seriously damages and jeopardizes the public, nation, and state and also considered as degrading the nation’s dignity. Hence, it is necessary to have special law, which regulates on crime of the community and suit with international law. It is also important to have formal law on inquiries, prosecution, and court proceedings that deviates from provisions of the applicable Criminal Code Procedures.Traffickers target people who are looking for jobs, so they are most vulnerable when they migrate away from home searching for employment. Although not all such workers have been trafficked into abusive and exploitative conditions, the potential number of trafficking victims is very large, especially traffickers have also forced many women into prostitution.

Table 2 Trafficking Cases 

No.	Year	Number of Cases	Submitted to Prosecutor Office	Percentage
1	1999	173	134	77.46
2	2000	24	16	66.67
3	2001	179	129	72.07
4	2002	155	90	58.06
5	2003	125	67	53.60
6	2004	43	23	53.48

Source : Criminal Investigation Body of the National Police Headquarter (2005) in The Elimination of Trafficking in Persons in Indonesia 2004-2005, 

A significant number of Indonesian women who go overseas each year to work as domestic servants are subjected to exploitation and conditions of involuntary servitude. An unknown number of child domestic workers also face conditions of forced child labor, a severe form of trafficking in persons. Some Indonesian women who travel legally to Japan as “cultural performers” are trafficked for commercial sexual exploitation.The extensive trafficking location within Indonesia is from rural to urban metropolitan areas particularly for sexual exploitation and involuntary domestic servitude. The several factors that all contribute to Indonesia’s trafficking problem are :

1.  Endemic poverty,
2. A high unemployment rate,
3. Corruption and a weak rule-of-law environment

Women and children so far has been put as a vulnerable object of trafficking. The object of trafficking can be :

1. Women
2.  Men
3. Teenagers
4. Children
5. Babies
6. Human organs

The causes of trafficking are related one to another. Tradition aspects also of fostering that children are to be sent to live and work in an urban center with a member of the extended family in exchange for a promise of education or working. Observation on trafficking in persons relates also with global market, worker-labor-people demands, and abusive employers and sexual exploitation explain that there is a high demand. On the other side, clients for the forced labor can be seen as a part of need fulfilling process, they are neglected from the matters of involvement on trafficking. There kind of some important logical targets for awareness process in the human trafficking. To emphasize in this matter, poverty is one important factor, followed by the attraction of perceived higher standards of living elsewhere, lack of employment opportunities, organized crime, violence against women and children, discrimination against women, government corruption, political instability, and armed conflict. Trafficking is also driven by the global demand for cheap, vulnerable, and illegal labor.  

C. Legal Regulation Using in the Trafficking in Indonesian

The legal responses of a legal system differ in countries of destination as opposed to countries of origin. However, the point here is the legal response must be comprehensive to address all forms of trafficking. Indonesia does not have a comprehensive anti-trafficking law, but as of April 2005, a draft bill was currently pending before Parliament. Although Indonesian law criminalizes trafficking, it lacks a comprehensive definition of the crime. In 2004, the government reported 141 trafficking-related investigations, 51 prosecutions, and 45 convictions. The number of convictions reflected an 80 per cent increase over the previous year’s performance (www.humantrafficking.org).

In Indonesia punishment for trafficking is imprisonment up to 6 years.Several other regulations related with trafficking in Indonesia are :

• Law 23/2004 concerning the Elimination of Domestic Violence.
• Law 23/2002 concerning Children Protection
• Law 1/2000 concerning the Elimination of Any Worst Works for Children
• Law 5/1998 concerning Ratification of Convention on Anti Torture
• Law 20/1999 concerning Minimum Age to Work
• Law 19/1999 concerning the Elimination of Forced Work
• Law 39/2004 concerning Relocation and Protection of Indonesia Worker Abroad
• Presidential Decree 87/2002 concerning the Elimination of Children Commercial Sexual Exploitation
• Presidential Decree 77/2003 concerning Indonesia Commission on Children Protection
• Presidential Decree 88/2002 concerning National Plan of Action for the Elimination of the Crime of  Trafficking in Persons

Starting from last year, as the follow up of International Law on Anti Trafficking, Indonesia House of Representative is processing Presidential Decree 88/2002 concerning National Plan of Action for the Elimination of the Crime of  Trafficking in Persons to be passed as the Law concerning Anti Trafficking, therefore the enforcement of anti trafficking can be improved and legally stronger.Legitimacy of the international human rights framework is based upon the universal acceptance of legal norms. Indonesia ratified the United National convention against transnational organized crime. Some United Legal Instruments concerning about trafficking[1] are :

1. Convention on The Rights of Child New York 1999
2. Optional Protocol of the Convention  of The Rights of the Child of the Sale of The Children, Children Prostitution and Children Prostitution, 2000
3. C.182 “Worst forms of child labor convention, Geneva 1999
4. United Nation Convention on Transnational Organized Crime , New York 2000
5. Protocol to Prevent, suppress and punish trafficking in persons especially women and children, supplementing the United Nation Convention against Transnational Organized Crime
6. Convention for suppression of the Traffic in Persons and of The Exploitation of the Prostitution of Others 1949
7. Convention on The Elimination of All Forms of Discrimination against women 1979
8. Optional Protocol of the convention The Elimination of All Forms of Discrimination against women, 1999
9. Supplementary Convention on Abolition of the Slaver, Slave Trade and Institutions and Practices Similar To Slaver, 1956
10. International Convention on Protection of the Rights of All the Migrants workers and members of their families, 1990  

INTERNATIONAL CONVENTIONS 1. UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 Adopted and proclaimed by United Nations General Assembly Resolution 217A(II) on 10 December, 1948. Article 4 No one shall be held a slavery on Servitude : Slavery and the slave trade shall be prohibited in all their forms.  2. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, 1979 Adopted and opened for signature, ratification, and accession by United National General Assembly resolution 34/180 on 18 December 1979. Entered into force on 3 September 1981 n accordance with article 27(1). Article 6 States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. 3. THE CONVENTION OF THE RIGHTS OF THE CHILD, 1989. Adopted by the United Nations General Assembly on 20 November 1989. Entered into force on 2 September 190 in accordance with article 49(1). Article 11 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements of accession to existing agreements.  Article 34State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent. a) the inducement or coercion of a child to engage in any unlawful sexual activity. b) the exploitative use of children in prostitution or other unlawful sexual practices; c) the exploitative use of children in pornographic performances and materials.  Article 35States parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction, the sale of or traffic in children for any purpose or in any form.  4. INTERNATIONAL LABOUR ORGANISATION FORCED LABOUR CONVENTION. Article 1 Each Member of the International Labour Organization which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.  Article 4 The competent authority shall not impose or permit the imposition of forced or compulsory labour for the benefit of private individuals, companies or associations.  5. CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE EXPLOITATION OF THE PROSTITUTION OF OTHERS  Article 1 The parties to the present Convention agree to punish any person who, to gratify the passions of another: 1. Procure, entices or leads away, for purposes of prostitution, another person, even with the consent of that person: 2. Exploits the prostitution of another person, even with the consent of that person.  Article 17The Parties to the present Convention undertake, in connection with immigration and emigration, to adopt or maintain such measures as are required, … to check the traffic in persons of either sex for the purpose of prostitution.  In particular they undertake. 1. To make such regulations as are necessary for the protection of immigrants or emigrants … in particular, women and children, both at the place of arrival and departure and while en route….  Article 19 The Parties … undertake … 1. Pending the completion of arrangements for the repatriation of destitute victims of international traffic in persons for the purpose of prostitution, to make suitable provisions for their temporary care and maintenance… 6. SUPPLEMENTARY CONVENTION ON THE ABOLITION OF SLAVERY, THE SLAVE TRADE, AND INSTITUTIONS AND PRACTICES SIMILAR TO SLAVERY  Article 1Each of the State Parties to this Convention shall take all practicable and necessary legislative and other measures to bring abut .. the complete abolition or abandonment of the following institutions and practices …. a) Debt bondage… b) Serfdom … c) Any institution or practice whereby: (I) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group….  There are many other international conventions which obligate the governments involved to take affirmative actions against traffickers and to protect the victims. These include the Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment; Convention on the Rights of the Child and others. In spite of these numerous international instruments, human rights violations continue unabated and trafficking has reached alarming proportions.

Source : http://www.hsph.harvard.edu 

In 2004, the Indonesian Government showed progress in applying greater law enforcement efforts to fighting trafficking and assisting Indonesian victims abroad, including migrant workers who had been trafficked. The government significantly increased its convictions of traffickers and adopted standard operating procedures for the protection of victims. Some local governments drafted and enacted laws and budgeted resources for anti-trafficking programs. Following the tsunami that devastated Aceh province, the Indonesian Government rapidly responded with appropriate measures to reduce the potential for trafficking of children from the region. While local governments gave greater priority to trafficking, translating national commitment to local action remained a problem (www.humantrafficking.org). In addition to the Criminal Code, a provision on prohibition of trafficking in persons, particularly in order to combat all forms of trafficking in women and exploitation of prostitution, has been established in Article 6 of Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which has been ratified by Law No. 7 Year 1984 on the Ratification of Convention on the Elimination of All Forms of Discrimination Against Women. Also, protection against trafficking in persons has also been regulated in Law Number 39 Year 1999 on Human Rights. The law is the umbrella act for all legislation whose substance regulates on human rights protection. Because of its umbrella nature, the Law Number 39 Year 1999 cannot be applied directly that it is necessary to have an implementing law that regulates on prevention and countering of the crime of trafficking in persons. 

E. Government Efforts

The recent condition now is national and local victim assistance efforts are increased, however it remained small in comparison to the scope of the problem. The Indonesian Government’s efforts are :  

1. Providing shelters for Indonesian victims of involuntary servitude and commercial sexual exploitation for example in Indonesia embassies and consulates in Singapore, Malaysia, Saudi Arabia, and Kuwait.
2. Providing domestic crisis centers
3. Cooperating with domestic NGOs and civil society organizations that concern with trafficking issue.
4. Providing training for officials and law enforcement officers in the handling of witnesses and victims.
5. The Women’s Ministry also finalized standard operating procedures used to assist trafficking victims in 2004. Although Indonesia’s national action plan calls for proper treatment of trafficking victims, implementation varies widely at the local level.

Government agencies or department concern with trafficking issue are :

• Department of Justice – Directorate of Immigration
• Indonesian National Police
• Ministry of Foreign Affairs
• Ministry of Justice and Human Rights
• Ministry of Manpower
• Ministry of Women’s Empowerment (MOWE)

The problem is the government has a limited ability to fund prevention programs. The Government then welcomed international assistance and continued to work with NGOs on anti-trafficking and education initiatives. The Government at various levels and to varying degrees assisted victims of trafficking, both domestically and abroad. Over the year, the Government and community groups established a number of new shelters for trafficking victims, including shelters in Batam, Riau Islands. The police increased the number of police women’s desks, units established to help women and children who fall victim to violence including trafficking. The women’s desks provided temporary shelter, special police handling, and some level of legal services for victims. The women’s desks often cooperated with local NGOs to provide medical and psychological services and longer term shelter.  

Non Governmental and  International Organizations’ Efforts

Domestic NGOs, with international support, led efforts to monitor and prevent trafficking, frequently in coordination with government agencies. These NGOs included, among many others, the Consortium for Indonesian Migrant Workers Advocacy, LBH-Apik, Women’s Aid and Protection Group, Women’s Coalition (Koalisi Perempuan), and Solidaritas Perempuan. The government cooperates with NGOs have been doing the campaign to spread the information about trafficking. However, it still faces the culture and human obstacles. It becomes the reason for the stakeholders in the anti trafficking actions, that they must reach the grass root of society to overcome this problem. The elements come from trafficking that this is a multi aspects problem. We cannot neglect both the domestic and international aspects, since trafficking covers a transnational characteristic. The program cannot be applied to only one side. Furthermore, there have to be an international cooperation among countries. Regional, transnational or even international working actions must be conducted while, domestically the national stakeholder strengthen their actions. The Indonesian Government cooperated with ASEAN countries tries to overcome this trafficking problem. This is important, since trafficking is one transnational crime exist. The Government of Indonesia cooperates with the Malaysian Government in arresting and prosecuting a major network that trafficked Indonesians into Malaysia for commercial sexual exploitation. In 2003, the Government cooperated with Australia in investigating a trafficking ring sending Indonesian women into sexual servitude in Australia. Bilateral police cooperation led to the trial of at least one trafficker in Australia and the arrest of others in Indonesia. The Government also cooperated with Malaysia to investigate trafficking.  

Conclusion

Legitimacy of the international human rights framework is based upon the universal acceptance of legal norms. In general, Indonesia has ratified the international convention on trafficking and done some progress but still far from reaching the goal. Government assistance was focused on citizens trafficked abroad, but on the other hand there is still a lack of domestic assistance. Although law enforcement efforts increased in Indonesia during 2004, convictions for trafficking-related offenses often carried light sentences, with an average sentence of just over three years’ imprisonment. Corruption and a weak judiciary remain serious impediments to the effective prosecution of traffickers. The government has to recognize that action must be taken against officials involved in trafficking, but has provided not enough information concerning actions it has taken against corrupt officials who may be complicit in trafficking. It is important to prevent, combat and punish perpetrators of the crime of trafficking in persons through a comprehensive law that combat or against trafficking. Hence, many efforts should be done from reforming existing laws, or providing for preventative campaigns to helping trafficking victims with the appropriate protective measures.   

References 

Coordinating Ministry for People’s Welfare, 2005, The Elimination of Trafficking in Persons in Indonesia 2004-2005, Jakarta.  

Draft of Law of The Republic Of Indonesia On The Combat Against The Crime Of Trafficking In Persons  

Tamburini, Elisa, 2001-2002, Trafficking in Children and Women in Africa : The International Legal Framework in www.unipv.it 

United Nation Protocol to Prevent, 2000, Suppress and Punish Trafficking in Persons, Especially Women and Children; Supplement to UN Convention on Transnational Crime   

http://www.humantrafficking.org 

http://www.stoptrafficking.or.id 

http://gvnet.com 

http://www.hsph.harvard.edu

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[1] Tamburini, 2001-2002

this is the time

i think this is the time i should have more ’serious’ blog hehe.. after a friend promoted his wordpress blog, and also tired-bored with my friendster-multiply  blog, i began to consider to have a blog here. so, i made a division. I’ll put my only-fun time in friendster and multiply (since i have already had so many friends there), and i put my complete thought here.

so..let’s start..