The draft of the Fifth Amendment to the Regional Government Law is designed to shift the integrated prefectural system paradigm to better align with Indonesia’s unique characteristics.

Currently, Committee I of the Regional Representative Council (DPD RI) is preparing the Fifth Amendment Bill to Law Number 23 of 2014 on Regional Government. This initiative has received positive support from the Ministry of Home Affairs, which has presented the main points of the proposed changes. Revising the Regional Government Law is almost equivalent to reforming the entire institutional structure of the Indonesian government bureaucracy.

The proposed changes by DPD are reflected in a minor revision. Despite its minor nature, this revision—especially amidst the upcoming simultaneous regional elections—demands significant effort and attention from the Indonesian people.

What is particularly noteworthy in the draft bill is the paradigmatic shift it proposes, which could have a significant impact on the governance structure of the Indonesian government.

A Paradigm Shift

Globally, there are two main types of regional government systems: the functional system (Anglo-Saxon model) and the prefectural system (Euro-Continental model) (Fried: 1963, Leemans: 1970).

The functional system operates without a government representative, while the prefectural system includes a government representative at the regional level. The prefectural system itself is divided into two models: integrated and non-integrated.

In the integrated prefectural system, there are two defining characteristics. First, the jurisdiction of the government representative overlaps with that of the autonomous region. Second, the government representative (often referred to as a prefect) also serves as the head of the autonomous region, creating a dual role.

Conversely, in the non-integrated prefectural system, although the jurisdiction of the government representative may or may not overlap with the autonomous region, the primary distinction is that the government representative is a different individual from the regional head—eliminating the dual role.

For centuries, since the Dutch East Indies’ colonial administration, Indonesia’s regional governance has followed the integrated prefectural system (Legge: 1955, Fried: 1964, PJM Nas: 1983, Hoessein: 1993, Smith: 1985, Maksum: 2022). This system was deemed suitable for centralized top-down supervision to serve colonial interests. Despite independence, Indonesia’s founding fathers—except during the period under Law Number 1 of 1957—continued to uphold this system, including under the current Law Number 23 of 2014.

This system places political pressure on regional heads, who often hold differing views from the central government—even on minor technical-administrative issues. It also has the potential to undermine regional autonomy by allowing both political and technical intervention into autonomous areas.

In the current era of multiparty democracy and direct regional elections, this system is vulnerable to political manipulation. Both national and local political interests can disrupt regional governance. However, the integrated prefectural system also provides a direct communication channel between the central and regional governments—facilitating effective governance across Indonesia’s vast and diverse archipelago.

Moving forward, the prefectural system should be maintained without fostering conflicts between regional and central interests.

This system should act as a bridge to achieve national standardization while preserving regional autonomy. Ideally, the central government should oversee regional administration without infringing on regional autonomy, while regions should maintain access to the central government to align local policies with national interests.

Designing the Changes

The shift to a non-integrated prefectural system allows for a more genuine local political process. Regional heads will no longer hold dual roles as prefects, reducing concerns for both the central and local governments regarding direct regional elections. National interests related to governance efficiency can be managed through prefects, who will no longer serve concurrently as regional heads.

In Indonesia’s context, where governors currently serve as prefects, this change would free governors to focus solely on regional governance, reducing their obligations to the central government. Prefects, as the President’s representatives in the region, would oversee district and city administrations—ensuring alignment with provincial goals and maintaining a check on local governance.

The prefects would hold higher authority than vertical institutions, whether civilian or military, enabling them to act as both overseers and advocates for regional governments when conflicts arise with vertical agencies.

The draft of the Fifth Amendment to the Regional Government Law is meticulously designed to transition from an integrated to a non-integrated prefectural system—tailored to Indonesia’s characteristics and contemporary needs.

Beyond the paradigmatic changes, the draft also revises the relationship between the Regional House of Representatives (DPRD) and regional heads and re-evaluates the oversight of local regulations. Other technical aspects—such as the management of regional civil servants (ASN)—are also addressed to ensure a more effective and focused regional administration.

Through these comprehensive reforms, the Regional Autonomy (Otda) system and Indonesia’s governance framework are expected to fulfill their objectives effectively.

By: Irfan Ridwan Maksum
Professor of Public Administration at the University of Indonesia and Expert Advisor on the Regional Government Bill for DPD RI

Source: Kompas.com