Indonesia Perspective on Good Governance

By: Zulkamal Hidayat Zakaria Center for Good Governance Yogyakarta

I. Introduction The broad purpose of this paper has been to seek the meaning that discourse about good governance has for our understanding of Indonesia contemporary issue. Given different perspective of stakeholders involved in decision making process and the relevance to both understanding and basic idea on good governance, the paper aims to describe Indonesia perspective on good governance where society and government are indivisible part. Good governance has been interesting issue in Indonesia since the fall of Soeharto regime that he was being known as dictator. During the regime, government dictated society in order to support government policies which benefited particular interest group and individual. As a consequence, society distrust had reached its peak and it had led to reformation by insisting Soeharto who has been governed for 32 years to resign from his throne in 1998. Society had succeeded to overthrow Suharto from its throne and changed the authoritarian government into more democratic government. Being democratic as had been claimed in reformation era and national formal constitution is not enough because the challenges of practicing good governance are more fascinating in Indonesia because it is known as plural society. It is why understanding how actors in plural society defining good governance will be helpful to establish good governance model in the future.

II. Global Perspective on Good Governance There are many definitions proposed to explain what good governance is, but most of those definitions are referred to particular issue such as economy, religion, law and environment that are not showing general idea of good governance. Considering the context of Indonesia as developing country in South East Asia region and a system of state decision making process to well function, it is necessary for determining an appropriate definition on good governance. Based on these considerations, it is wise to look on good governance definition proposed by United Nation Economic and Social Commission for Asia and the Pacific (UNESCAP).

UNESCAP is the regional development arm of United Nations for the Asia Pacific region; the organization mission is to overcome regions greatest challenges, including social development issue within the region; and it is focusing on issues that are most effectively addressed through regional cooperation.1 Those qualifications and working areas is match with the nature of Indonesia as one of developing countries in South East Asia. According to UNESCAP, governance is the process of decision making and the process by which decisions are implemented (or not implemented) which are focusing on formal and informal actor involved and good governance practice requires 8 major characteristics, which are participation, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rules of law.2 The definition of the good governance proposed by UNESCAP is in line with state decision making process in which government and society are involving actors. Those 8 characteristics of good governance defined by UNESCAP are defined as: y Participation: being able to be indiscriminately involved, informed and organized as part of freedom of association and expression in decision making process y Consensus oriented: prioritizing common understanding or agreement as a result of mediation of the different interests in determining what is in the best interest of the whole community and how this can be achieved. y Accountability: the ability to justify actions to those who will be affected by its decisions or actions. This cannot be enforced without transparency and the rule of law. y Transparency: a condition where decisions taken and their enforcement are done in a manner that follows rules and regulations; information is freely available and directly accessible to those who will be affected by such decisions and their enforcement; and that enough information is provided and that it is provided in easily understandable forms and media y Responsiveness: providing services for all stakeholders within a reasonable timeframe.

See, UNESCAP General Description, UNESCAP official website, available at http://www.unescap.org/about/index.asp.Retrieved on 8 July 2011. 2 See, What is Good Governance , UNESCAP Official Website at http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp.Retrieved on 8 July 2011.

Effectiveness and Efficiency: producing results that meet the needs of society while making the best use of resources at their disposal; and covering the sustainable use of natural resources and the protection of the environment.

Equitability and inclusiveness: condition where all members of society feel that they have a stake in decision making process and do not feel excluded from the mainstream of society. This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well being.

Follows the rule of law: all decision or actions of decision making should be based on legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

Picture 1 The characteristics of good governance (taken from UNESCAP official website)

III. Indonesia Perspective on Good Governance The realization of good governance as mentioned above requires both formal and informal actor or in other words, government and society as non government actors involving in decision making process. This chapter will discuss the perspective of government and non government actors in defining good governance.

a. Government Perspective on Good Governance Political change of Indonesia after independence brought the alteration of national constitution and the alteration of constitution impacted toward good governance definition in Indonesia. Since 1992, good governance is defined as the implementation a set of laws that bind over the government and society in operating its function. 3 Currently based on legal act no. 9 2004 which amended legal act no. 5 1986 about administrative law court stated that good governance characteristics consist of five principles, which are the principle of legal security, transparency, proportionality, professionalism and accountability. From government perspective, we could find a new characteristic of good governance, namely professionalism. Based on the legal act mentioned above, professionalism is defined as a principle which gives priority to expertise especially in work field, based on the code of ethics and national constitution. These five principles are being used as parameter of good governance practice. Moreover, all actions against or break the principles will be considered as criminal because those actions will threat the practice of good governance.

b. Non Government Perspective Working on the establishment of good governance would be more complex by the existence of non government actors. Non government perspective consists of three main actors, which are religious group, Non Governmental Organization, Interest Group, Private Sector. This chapter will describe how the main actors of decision making process defining good governance based on their own. 1. Religion Historically, religious values and teachings were rooted in society since religion came to Indonesia from the first century. These values and teachings shaped the paradigm of religious group to aware and practice those things in their daily life. Unfortunately, the process of religious sphere of influence failed to provide deeper understanding and knowledge based value because the colonization had challenged Indonesia so the condition force religious leader to use religion as tool to fight back colonialists. As a result, religious values and teachings are being conducted by the followers and those practices were lack of knowledge based approach which

See Muchsan, Sistem Pengawasan Terhadap Perbuatan Aparat Pemerintah dan Peradilan Tata Usaha Negara, Yogyakarta: Liberty Yogyakarta, 2000, pp. 1-35.

created idolatry trend. Recently, all existing religion in Indonesia is showing their perception about good governance because of three factors; (1) Religious teaching goal is the establishment of good governance in life, (2) followers believe that religion had contributed toward the culture, structure, ideology and social norms of society in Indonesia, (3) the necessity of being secured and free from violation conducted by government and other religious followers. In addition, Religion perspective contributes three characteristics of good governance. Those three characteristics are: y Divine Spirit: fundamental emotion and intention which devoted to the core of existence (God) and to have a transformative effect on social life for the sake of God. y y Fairness: the manner of treating people equally and reasonably for the sake of justice Responsibility: the ability to carry an obliged tasks or assignments and capable to bear the consequences of the tasks. Furthermore, this chapter will discuss about what is good governance based on religious teaching in Indonesia.

a. Islam As a major religion followed by more than 90% of total population, Islam is the most actor which vulnerable to have conflict with another religion. The reason behind that is because the willingness of control over minority and the historical glorious of Islam for supporting Indonesia independent. There are two biggest organizations based on Islamic teaching which could be referred for good governance definition, namely Nahdatul Ulama and Muhammadiyah. These two organizations were followed and shaped Muslim perception about good governance in general. Both Nahdatul Ulama and Muhammadiyah characterized good governance into several things, which are divine based approach, accountability, participation, consensus oriented, responsive, transparent, equitable and inclusive, fairness and responsibility.4 Other organizations based on Islamic teachings also required Islamic law is being included in national law or being implemented as part of national law.

For further understanding, see Nahdatul Ulama and Muhammadiyah official website at http://www.nu.or.id and http://www.muhammadiyah.or.id.

b. Christian Basic Christian perspective on governance is rooted in the story of creation in the book of genesis which drawing attention of people to the ultimate source of the meaning of life that flows from relationship between god, human and the whole creation of creation; and it assumed that the whole creation is the most precious gift of god that should be shared and distributed among all of Gods creation5. It is clear that good governance is process of maintaining the goodness of god by realizing justice and freedom. Indonesia Christians characterized good governance in the same way of Christian in common; those characteristics are: conscience of human person (devoted to god), responsive to social order, participation, consensus oriented, accountability transparent, fairness and responsibility.6 Those characteristics are required in order to realize the good governance in Indonesia.

c. Buddha Buddhist approach to governance has been characterized by its emphasis on absolute pacifism and humanitarianism and it obliged a leader of society to reach out the masses, conducting dialogue, making every effort to listen to their concerns and problems and taking action for the sake the people.7 The philosophical reasons behind the characteristics of good governance practice are compassionate dialogue and action and the concept of dependent origination. These characteristics were transformed by Buddhist in Indonesia that characterized good governance to meet some requirements, which are participation, consensus oriented, accountability, transparent, responsive, equitable and inclusive, fairness, responsibility and devoted to God.8

See, Anthony Rogers, Religion and Governance: The Christian Perspective, in Chandra Muzaffar (editor), Religion and Governance, Selangor Darul Ehsan: Arah Publications, 2009, pp. 83-108. 6 See, Ibid and Visi dan Misi Persekutuan Gereja Indonesia (PGI), PGI official website, available at http://pgi.or.id/page/36018/visi-misi-tujuan.html. 7 See, Cristopher Chiang Meng Boey, The Treasure of Life: The Buddhist Perspective in Governance, in Chandra Muzaffar (editor), Religion and Governance, Selangor Darul Ehsan: Arah Publications, 2009, pp. 57-67. 8 See, Budiman Sudharma (compiler), Buku Pedoman Umat Buddha Edisi ke 5 (Revisi), Jakarta: Forum komunikasi Umat Buddha, 2007.

2. Non Governmental Organization and Interest Group Non governmental organization is an organization that free from government interest and interference in which has specific concern in society and interest group is a group of society that has same interest and goal to achieve. The characteristic of non government organizations and interest groups are mainly to enhance society works and interests in social life. Therefore both actors indirectly supervise and control over government policy implementation which should be prioritized society interest. The policy making process and the misuse of power in government policy making are subjected to the role of non government organizations and interest groups.9 As actors involved in decision making process both actors characterized good governance as transparent, participation, accountable, responsive, follow the rules of law and responsibility.

3. Private Sector Private sector in Indonesia is a considerable actor for decision making process because private sectors are related to the economy growth and economic welfare of people. Basically, private sector is built by the owner to gain profit. The process of gaining profit within the state is regulated by the government so that establishing good governance is important for maintaining opportunity in gaining profit. Private sector had characterized good governance or known as good corporate governance into four major things that are transparency, accountability, fairness and responsibility.10

III. Comparison Between Global and Indonesia Perspective on Good Governance As explained before, global perspective and Indonesia perspective on good governance differ to each other and the detail comparison is listed in table below

See, Ambar Teguh Sulistyani, Konseptualisasi Model Pemberdayaan LSM Sebagai Fasilitator Pembangunan, an article from Jurnal Kebijakan dan Administrasi Publik Vol. 2 (No. 11), Yogyakarta:Magister Administrasi Publik UGM, 2007, p. 145. 10 See, e,g Sofyan A. Djalil, Good Corporate Governance, a paper presented on Seminar Corporate Governance in Universitas Sumatera Utara, Medan, 2000. and Centre for European Policy Studies, Corporate Governance in Europe: Report of a CEPS Working Party, 1995, p. 5.

Religion No Principles Global

Interest

Private Sectors

Government Islam Christian Buddha Hindu Group and NGO

1 2

Participation Consensus Oriented

the

3 4 5 6

Accountability Transparency Responsiveness Effectiveness and Efficiency

Equitability and Inclusiveness

Follows

Rules of Law 9 10 11 12 Professionalism Divine Spirit Fairness Responsibility

IV. Challenges of Good Governance Practice in Indonesia Realizing good governance practice in Indonesia is not easy as it seem because all actors should be included in discussion process. Nowadays, government was lack on communicating and discussing how good governance should be prevailed. As a result, protest and disagreement pointed at government because other actors were not in the process of making good governance

model. Furthermore, other actors protest and disagreement had transformed into anarchist behavior. It is important to realize that the condition is getting worst since government failed to accommodate and provide discussion with another actor in decision making process. Looking at the problem mentioned before, there are three important points that should be concerned; 1. The debates over the applicability and the proper interpretation of good governance are vital to the establishment of good governance in Indonesia. 2. Communication among all stakeholders in deciding the proper good governance model is necessary. 3. Communicating various perspectives on good governance model is expected to meet the most proper understanding and consensus among stakeholders

V. Conclusion The debates over the applicability and the proper interpretation of good governance are vital to the establishment of good governance in Indonesia. This paper has addressed the main source of debate on good governance for all stakeholders involved in decision making process, focusing first on the urgency of understanding good governance in Indonesia which has plural society. After addressing the urgency of good governance, the paper explored a common perspective and characteristics of good governance in global world. Later the paper discusses the key actor perspective toward the characteristics of good governance. The paper described government and non government perspectives that are differ to each other. It then suggested that communication among all stakeholders in deciding the proper good governance model is necessary. Communicating various perspectives on good governance model is expected to meet the most proper understanding and consensus among stakeholders.

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