Principles Of Good Governance

II.3 Principles Of Good Governance

The problems faced in the era of regional autonomy, which is the demand of the people can be achieved if the creation of a system of good governance good governance. Therefore, the bureaucratic behavior change is needed in the implementation of regional autonomy in accordance with Law No. 32 of 2004 on Regional Government in line with the concept of good governance as domain of good governance includes: 1 Emphasizing governance based on the rule of law. 2 The transparent public policy. 3 The existence of public participation and public accountability. In order to achieve good governance by Hardijanto 2002: 2, some basic principles that must be considered among other things: 1 The principle of legal certainty a. Legal systems are true and fair, include the national law, customary law and social ethics. b. Empowerment legal institutions, including the police, prosecutors, courts and institutions society. c. Decentralization in the preparation of regulatory legislation, decision-making public and others related to the public interest. d. Oversight Council made public, the press, and the public in a transparent, fair, and can be responsible. 2 The principle of openness a. Fostering an enabling environment for the implementation of the principle of decentralization and transparency. b. Uphold human rights, like the right to a decent life, the right to feel safe and comfortable, equality before the law and others. c. Provide true, fair and non-discriminatory. 3 The principle of accountability a. Procedure and mechanism of action is clear, precise, and right, which is regulated in the law of regulation, with focus on servicing to the community. b. Able to account for the work, particularly with regard to the public interest. c. Giving tough sanctions for officials who violate the law. 4 The principle of professional a. Human resources and professional capabilities have a good service, neutral and supported by ethical and moral according to the culture of Indonesia. b. Having the ability to appropriate competence and ethics laws and regulations. c. Modernize the administration of the State to apply the technology of telecommunications and informatics appropriate. Organizations everywhere are certainly the largest public organization that embodies all levels of society to the scope of the State. Therefore, public organizations have a legitimate authority in the political, administrative, government, and law are institutionalized so as to have an obligation to protect its citizens, and serve their needs, otherwise entitled to also collect taxes for funding, as well as sanctions enforcement sentencing rules. To implement good governance, fostering partnerships and mutual trust is the key. Based on the above framework, the principles of governance that meets the principles of good governance set out by the team work lapera as follows: 1. Accountability, that is able to read people and be accountable to the public through indicators or measures made by the people themselves. 2. Transparency, that all activities and measures taken by the government is open, can know or accessed by the public. The decision was taken to involve the community, allowing that appears ideas and aspirations of the community 3. Honesty that is honesty of government in the administration or conduct. 4. Equality, non-discrimination in service or not make different in the ministry. Involvement, the community in all stages from planning to process the result of distribution building. Constitutional, walking on the rules and always uphold the law. Decision-making, prioritizing discuss so decision taken not harm society. In the era of regional autonomy, each local government organizations face challenges that are complex and demand the growing needs of the community. Therefore, the model takes a lean organization and supported by personnel who have the skills, expertise in accordance with the duties and functions of such organizations is necessary for career promotion measures that can be used as a reference standard to be used as an objective measure promotion. Good governance there are some principles that can appoint exercise of good governance, namely: 1. The recognition of political plurality 2. The Existence principles of justice 3. Accountability of governance 4. The principle of openness One of very interesting part of the principles of good governance, that is accountability. In principle there are three dimensions of regional planning initiatives that strengthen the community to participate in the implementation of regional autonomy: 1. Financial dimension, Any use of funds by the government executive, must be strictly in accordance with the approval of the legislative parliament, parliamentary control is not intended for political bargaining negotiation parliamentary party, but rather to ensure that all funds are used by the government is proper allocation, low efficient and avoid from manipulation that could eventually harm the community. 2. Political dimension, this dimension applies to the government, meaning that every action of each party is clear legitimacy and accountability of public officials should not be the result of political negotiations, but must be completely through the democratic political process. In the general election, the people must clearly choose who, and who also have the clarity elected party chosen by whom. 3. Dimension legal formal dimension is a real translation of the principles of rule of law, public officials must have the free legal validity formal, by law or regulations. This is necessary in order to avoid late and when it appeared a question of the public can also clearly have a reference for a claim. The three principle dimensions, is the foundation of the principles of good governance. If we seen from these dimensions, it is clear that the government should build the joints democracy. so good governance can only be achieved if the following conditions can be met, such as government accountability, and participation . The implementation of regional autonomy by giving credence to the basic character of the area and the desire to increase people participation, a scheme indicate that autonomy could be a momentum to foster good governance. II.4 Government By Law Number 32 Year 2004 On Local Government 1. Understanding government and local government Government is all-agency activities, company or public bodies in carrying out its functions are to reach the goal state government views of the aspect of dynamics. Then the government can be distinguished in terms of broad and understand narrow. Understanding governance in the broadest sense are all the activities of public bodies including the executive, legislative, judiciary in an effort to achieve the goal state, whereas in tight definition are all activities of public bodies which only covers executive power alone. The governance is the implementation of government affairs by the regional government and parliament according to the principles of autonomy and the duty of assistance to the principle of autonomy in the state system and the principle of the unity of the republic of Indonesia as defined in the States constitution republic of Indonesia in 1945. Thus, workers can be coordinated by the superiors to subordinates, reaching from the top to the bottom of the entire enterprise. According to Inu Kencana Syafiie 1999: 53 the organization is: a. Containers or where the implementation of administrative b. The occurrence of the relationships between individuals and groups, both within the organization itself and the family c. The occurrence of cooperation and division of labor d. Ongoing process based upon the performance of their respective activities. Government services at the level provinces are the duty and function of the main heads provinces and territories as chief representative of the central government in the region. The regional head of accepting delegation of the authority of the central government which has the task of implementation of activities province local government, community development, community service, organizing and obligation public tranquility and maintenance of infrastructure and public service facilities dominated and accountability to the local legislative provinces parliament as an institution legislative area. This relates to the main functions and tasks of the government in general, are to give service to the community. With the provision of a good service to the community, the government will be able to realize the goal of the State is to create prosperity to the society. Service to the community is integrated in organizing government and development. Therefore, the government in carrying out the functions of his ministry has three main functions, among others: a Serve both individual services and public services, b Undertake construction of recycle economy to increase economic growth and c Provide protection to society. Then, too, the government is required to provide personal service at reasonable cost, cepta, qualified, professional and good and fair. 2. Understanding the regional head The regional head under the provisions of Act No. 34 of 2004 on Regional Government Article 24 paragraph 1 and 2 are: Verse 1 each region led by the head of government area called the head of region. Paragraph 2 of the head region as represented means in paragraph 1 for province called the governor, to the district and to the city regent called the mayor. That is, the provisions of Article 24 has been made clear that called with regional heads are governors, regents and mayors as implementers of government administration autonomous region respectively. Because, in its function as an instrument of government, heads of local executive power to lead the implementation of local government in both local and household assistance field. Therefore, as the party leading the implementation of the regional executives, he said as a regional executive department. As regional executive, the head of the region gives its responsibility to DPRD. Beside that also, J. Kaloh 2003:4 regional head in all legislation concerning the role of the local government to make very strategic area, as head of strategic region, as head of the region is a significant component of the success of national development, because local government is a subsystem of the national government or state. Effectiveness of the State depends on the effectiveness of governance in the region. Thus, the function of the head of local government areas only cover three things: 1. Service to the public services, 2. Preparation of guidelines directions or provisions to society regulation, and, 3. Empowerment. The regional head by Hanif Nurcholis December 2007:212 is the lead agency implementing legislation regulation. In the concrete form of regional policy implementing institutions are government organizations. The regional head held rule its region, such as: a. To the region of provincial implementing agencies of regional policy is led by the provincial government as head of the provincial governor and assisted by the provincial government. b. Later, the head of the district is implementing agencies from the district policy by the regents. So, regents and devices are the implementing rules and regulations within the district local rules and regulations of regional heads and the executors of the policy regulatory regions created in conjunction with the local parliament and carry out all the good laws made by the Parliament and the president, ministers, and governors. c. The city government, led by the mayor and not subordinate to the provincial government. The city is an autonomous region under the coordination of the provincial government. Mayor and devices are the implementers of the city area is made with the city parliament. Therefore, SH. Sarundajang 2000:75-76, states that the head of the region as well as the head of government as well as local organizers government with policies established by Parliament, as well as regional leaders and the guidance is that the regional heads should think, act and behave with more priority to the interests of the nation , State and society. Thus, in performing their duties and obligations of the local government, where the head of the governor is irresponsible of the Council, in his capacity as a representative of the provincial government, the Governor is responsible to the president. Regents and mayors accountable to the regency municipality and shall provide reports to the president through the minister of home affair, with a copy to the governor. Then, Syaukani HR 2000:43 is the regional head of state officials who perform tasks in the field of regional deconcerntration. While the government is responsible to the parliament, the head of the only areas to provide information in the governments job responsibilities. As for his duties as an officer of the State in the field of deconcentration include: a. Cultivate peace and public order b. Implement efforts in coaching country’s ideology and domestic politics and national unity coaching c. Coordinate among agencies and departments vertical- region department d. Coaching and supervise local government e. Supervise and organize implemented legislation and local government f. Carry out the tasks given by the central government g. Carry out tasks that have not been regulated by the central government. Understanding others is also presented by Andi Mustari Pide 1999:50-52 is the regional head of officials who exercise the rights, powers and obligations of local government leaders or officials who led the organization of the course and fully accountable governance. The task of head region is the regional head of power specified in rightly according to the legislation in force that must be done or carried out by the head of region. Include rights chief regional areas such as power head with the approval of Parliament to establish local regulations regulations or issue a decision and regulations to carry out the regulation of regional heads. Therefore, the position of the head of the region, there are two functions see also Bagir Manan, 2001: 129-130, namely: 1 Function as the head of the lead organizing autonomous and fully responsible about the way local government 2 Function as the head region government leads the public governmet affairs is the duty of the central government area. It is also in view Marbun BN 1983: 87 says that it is so important and the extent of the duty of a good local chief as head of the region must have proficiency in the field of governance and fully trusted by the government as well as the head of an autonomous region, then he needs the support of the people to get lead. Another opinion also expressed by, Sayuti Unan 2004: 100 that in its function as a tool of government, heads of local executive power led in the field of local government, both in the domestic affairs of regional and field assistance. Then, according to district chief Abdul Latief 2006:7 as the regional head of the regional administration to be acting on behalf of the local government in all legal relationships whether they are public or private, has the authority to act in the conduct of local government. 3. Position of regional head. The Position of governor as the representative of the Government under the Law Number 34 of 2004 on Regional Government in particular in Article 37 1 governor because of his position as well as the resident representative of the territory of the province concerned. 2 in his capacity as referred to in paragraph 1, the governor responsible to the president. In context of regional autonomy, a regional leader in the implementation of the pattern of leadership should not just oriented to demand to receive authority as much as possible, regardless of the meaning of autonomy itself is born out of a need for the efficiency and effectiveness of the management to run the administration, which aims to provide services, the better the community. The new paradigm of regional autonomy must be translated by the head of the region as an attempt to regulate the authority of government to match and focus on the demands of the people, because autonomy is not an end, but an instrument to achieve goals. Instrument must be used wisely by the head of the region without causing conflicts and center regions, or between provinces and districts because then the meaning of autonomy becomes blurred. 4. Duties and responsibilities of regional heads, with the enactment of Law No. 34 of 2004 on Regional Government in particular in Article 25 concerning the duties and authority as well as regional head obligation are: 1 Leading regional administration based on policy established with the legislature; 2 Asking regulations frame; 3 Establish regulations that were approved with the legislature; 4 Prepare and submit a draft regulation on budget to Parliament separately discussed and determined;

II.5 Head In The System Of Government