regulation under preparation for agency and deconcentrated tasks threaten to further muddy the modes; the resulting confusion in funding and organizational structures, particularly concerning the dual role of the governor, could have grave consequences for efficiency and accountability. ) A constitutional amendment is desirable to clearly define decentralization modes, key principles guiding decentralization, and hierarchy/roles between levels of government; this guidance should be reflected in harmonized laws. ) The pending draft on deconcentration/agency tasks should await constitutional or at least organic law amendment.
2. Legal framework/mechanisms for ongoing adjustments In both the 1999 and 2004 decentralization/regional government frameworks, Indonesia has used an organic law to set out the principles for functional assignment and make explicit some general functions. A government regulation was then used to provide the details (GR 38/2007 presently). The GoI has not been able to sufficiently harmonize sectoral laws with the organic law for regional government, despite the apparent “ownership” of GR 38/2007 by sectoral ministries (e.g., individual ministerial communiqués agreeing to the text of the draft regulation). There is also no adequate provision to effect incremental changes in functional assignment. GR 38/2007 introduces the mechanism of “remaining functions” (urusan sisa), but this lacks elaboration, and does not seem promising. ) In view of the difficulties faced with the current architecture, the GoI needs to clarify the legal architecture it will use in the future, including the interim steps to get to the final desired architecture (e.g., order of revision of the organic law and regulation on functional assignment, or outright placement of functions in sectoral instruments). ) The current legal conflicts over functions should be mapped, with a combined bottom up (regional government driven) and a centrally driven approach, to note the sectoral instruments concerning functions that need to be revised. ) The Ministry of Home Affairs needs to enlist the assistance of national level actors that can exert more effort and pressure for sectoral harmonization. ) Mechanisms should be developed to deal with functions that have not been listed , and with functions that need to dynamically move up or down levels of government. 3. Role of the governor and province Contrary to early official pronouncements, the recent revision of the framework did not appreciably clarify the “province vs. governor as central government representative” duality, or strengthen the role of the governor in this regard. GR 38/2007 instead gives the provincial government, as an autonomous region, a heavy role (as devolved functions) towards the district/city in practically all sectors, with duties expressed in terms of supervision, monitoring and evaluation, control, coordination, planning, and conflict resolution. At the Final Report – Exploring Reform Options for Functional Assignment
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