Minggu, 13 Mei 2012
On 22.48 by Presiden Pers in indonesian1 No comments
Government. During 2000, Indonesia was in deep governmental crisis and various institutions were being redesigned. The 1945 constitution of the republic, however, mandates six organs of the state: the People's Consultative Assembly ( Majelis Permusyawaratan Rakyat , or MPR), the presidency, the People's Representative Council ( Dewan Perwakilan Rakyat , or DPR), the Supreme Advisory Council ( Dewan Pertimbangan Agung ), the State Audit Board ( Badan Pemeriksa Keuangan ), and the Supreme Court ( Mahkamah Agung ).
The president is elected by the MPR, which consists of one thousand members from various walks of life—farmers to businesspeople, students to soldiers—who meet once every five years to elect the president and endorse his or her coming five-year plan. The vice president is selected by the president.
The DPR meets at least once a year and has five hundred members: four hundred are elected from the provinces, one hundred are selected by the military. The DPR legislates, but its statutes must be approved by the president. The Supreme Court can hear cases from some three hundred subordinate courts in the provinces but cannot impeach or rule on the constitutionality of acts by other branches of government.
In 1997, the nation had twenty-seven provinces plus three special territories (Aceh, Yogyakarta, and Jakarta) with different forms of autonomy and their own governors. East Timor ceased to be a province in 1998, and several others are seeking provincial status. Governors of provinces are appointed by the Interior Ministry and responsible to it. Below the twenty-seven provinces are 243 districts ( kabupaten ) subdivided into 3,841 subdistricts ( kecamatan ), whose leaders are appointed by the government. There are also fifty-five municipalities, sixteen administrative municipalities, and thirty-five administrative cities with administrations separate from the provinces of which they are a part. At the base of government are some sixty-five thousand urban and rural villages called either kelurahan or desa . (Leaders of the former are appointed by the subdistrict head; the latter are elected by the people.) Many officials appointed at all levels during the New Order were military (or former military) men. Provincial, district, and subdistrict governments oversee a variety of services; the functional offices of the government bureaucracy (such as agriculture, forestry, or public works), however, extend to the district level as well and answer directly to their ministries in Jakarta, which complicates local policy making.
Leadership and Political Officials. During the New Order, the Golkar political party exerted full control over ministerial appointments and was powerfully influential in the civil service whose members were its loyalists. Funds were channeled locally to aid Golkar candidates, and they dominated the national and regional representative bodies in most parts of the country. The Muslim United Development Party and the Indonesian Democratic Party lacked such funds and influence and their leaders were weak and often divided. Ordinary people owed little to, and received little from, these parties. After the fall of President Suharto and the opening of the political system to many parties, many people became involved in politics; politics, however, mainly involves the leaders of the major
parties jockeying for alliances and influence within the representative bodies at the national and provincial levels, as well as within the president's cabinet.
The civil and military services, dominant institutions since the republic's founding, are built upon colonial institutions and practices. The New Order regime increased central government authority by appointing heads of subdistricts and even villages. Government service brings a salary, security, and a pension (however modest it may be) and is highly prized. The employees at a certain level in major institutions as diverse as government ministries, public corporations, schools and universities, museums, hospitals, and cooperatives are civil servants, and such positions in the civil service are prized. Membership carried great prestige in the past, but that prestige diminished somewhat during the New Order. Economic expansion made private sector positions—especially for trained professionals— more available, more interesting, and much more lucrative. Neither the number of civil service positions nor salaries have grown comparably.
The interaction of ordinary people with government officials involves deference (and often payments) upward and paternalism downward. Officials, most of whom are poorly paid, control access to things as lucrative as a large construction contract or as modest as a permit to reside in a neighborhood, all of which can cost the suppliant special fees. International surveys have rated Indonesia among the most corrupt nations in the world. Much of it involves sharing the wealth between private persons and officials, and Indonesians note that bribes have become institutionalized. Both the police and the judiciary are weak and subject to the same pressures. The unbridled manipulation of contracts and monopolies by Suharto family members was a major precipitant of unrest among students and others that brought about the president's fall.
Social Problems and Control. At the end of the colonial period, the secular legal system was divided between native (mainly for areas governed indirectly through princes) and government (for areas governed directly through administrators). The several constitutions of the republic between 1945 and 1950 validated colonial law that did not conflict with the constitution, and established three levels of courts: state courts, high courts (for appeal), and the supreme court. Customary law is still recognized, but native princes who were once responsible for its management no longer exist and its position in state courts is uncertain.
Indonesians inherited from the Dutch the notion of "a state based upon law" ( rechtsstaat in Dutch, negara hukum in Indonesian), but implementation has been problematic and ideology triumphed over law in the first decade of independence. Pressure for economic development and personal gain during the New Order led to a court system blatantly subverted by money and influence. Many people became disenchanted with the legal system, though some lawyers led the fight against corruption and for human rights, including the rights of those affected by various development projects. A national human rights commission was formed to investigate violations in East Timor and elsewhere, but has so far had relatively little impact.
One sees the same disaffection from the police, which were a branch of the military until the end of the New Order. Great emphasis was placed upon public order during the New Order, and military and police organs were used to maintain a climate of caution and fear among not just lawbreakers but also among ordinary citizens, journalists, dissidents, labor advocates, and others who were viewed as subversive. Extrajudicial killings of alleged criminals and others were sponsored by the military in some urban and rural areas, and killings of rights activists, particularly in Atjeh, continue. The media, now free after severe New Order controls, is able to report daily on such events. In 1999– 2000, vigilante attacks against even suspected lawbreakers were becoming common in cities and some rural areas, as was an increase in violent crime. Compounding the climate of national disorder were violence among refugees in West Timor, sectarian killing between Muslims and Christians in Sulawesi and Maluku, and separatist violence in Atjeh and Papua; in all of which, elements of the police and military are seen to be participating, even fomenting, rather than controlling.
In villages many problems are never reported to the police but are still settled by local custom and mutual agreement mediated by recognized leaders. Customary settlement is frequently the only means used, but it also may be used as a first resort before appeal to courts or as a last resort by dissatisfied litigants from state courts. In multiethnic areas, disputes between members of different ethnic groups may be settled by leaders of either or both groups, by a court, or by feud. In many regions with settled populations, a customary settlement is honored over a court one, and many rural areas are peaceful havens. Local custom is often based upon restorative justice, and jailing miscreants may be considered unjust since it removes them from oversight and control of their kinsmen and neighbors and from working to compensate aggrieved or victimized persons. Where there is great population mobility, especially in cities, this form of social control is far less viable and, since the legal system is ineffective, vigilantism becomes more common.
Military Activity. The Armed Forces of the Republic of Indonesia ( Angkatan Bersenjata Republik Indonesia , or ABRI) consist of the army (about 214,000 personnel), navy (about 40,000), air force (nearly 20,000), and, until recently, state police (almost 171,000). In addition, almost three million civilians were trained in civil defense groups, student units, and other security units. The premier force, the army, was founded and commanded by members of the Royal Netherlands Indies Army and/or the Japanese-sponsored Motherland Defenders. Many soldiers at first came from the latter, but many volunteers were added after the Japanese left. Some local militias were led by people with little military experience, but their success in the war of independence made them at least local heroes. The army underwent vicissitudes after independence as former colonial officers led in transforming guerilla-bands and provincial forces into a centralized modern army, with national command structure, education, and training.
From its beginning the armed forces recognized a dual function as a defense and security force and as a social and political one, with a territorial structure (distinct from combat commands) that paralleled the civilian government from province level to district, subdistrict, and even village. General Suharto came to power as the leader of an anticommunist and nationalist army, and he made the military the major force behind the New Order. Its security and social and political functions have included monitoring social and political developments at national and local levels; providing personnel for important government departments and state enterprises; censoring the media and monitoring dissidents; placing personnel in villages to learn about local concerns and to help in development; and filling assigned blocs in representative bodies. The military owns or controls hundreds of businesses and state enterprises that provide about three-quarters of its budget, hence the difficulty for a civilian president who wishes to exert control over it. Also, powerful military and civilian officials provide protection and patronage for Chinese business-people in exchange for shares in profits and political funding.
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