Legislative Oversight- Dpd Ri

Legislative Oversight Mechanism and Tools (The Indonesian Upper House Experiences)

THE REPUBLIC OF INDONESIA SENATE (DPD RI)

Laode Ida Deputy Speaker

www.senatorlaodeida.blogspot.com

The Indonesian Upper House ( DPD ) 1. Established in 2004 2. Consists of 128 members, each province is represented by 4 people. 3. Based on the Constitution, the role and duty of DPD are, among others: • Propose and being involved in the discussion of certain laws • Propose a consideration on the draft of State Revenue and Budget Law, Taxation, Education, and Religion • Propose a consideration on the election for members of The State Audit Board •Oversee the implementation of certain laws and regulations.

The Importance of Legislative Oversight

• Policy Control  to ensure the consistency of government (both national and local) policies and its implementation based on related regulations. • Monitoring and Evaluation Purposes - to subsequently propose for feedback/improvement for future laws and regulations to relevant agencies • Channelling people voices  to bridge people interests in the policy making process as well as to adjust government development agendas as people needs (regional based).

DPD’s Oversight Legal Bases

The Constitution (UUD ‘45), article 22D. The Position and Authority Law for The National People Assembly (MPR), The Lower House (DPR), The Upper House (DPD) and The Local Council (DPRD). DPD’s standing order.

Characteristics of DPD’s Oversight

• Neutral  not influenced by any political party interest. • Pro-public oriented result  to ensure that the policy implementation benefits the people. • Pro-regions interest  involve regional based (local) stakeholders in the oversight process.

Oversight mechanism: State Auditor/BPK The Corruption Erradicatio n Commissio n/KPK

Audit result

Corruptio n cases from the regions

Oversigh t result DPD Leadershi p

DPR President consultation

Standing Committee & DPD’s Group for Anti Corruption

meeting Ministe s verificati rs on

Membe rs Stakeholders (regional/provincial/districts)

Category of DPD’s Oversight  Related Laws/Regulations based  each DPD’s committee has an agenda in monitoring the policy or law implementation. It means that every committee has been assigned certain areas to oversee and related laws as the main reference to conduct the oversight function.  Audit result based oversight  The State Audit Board (BPK), every semester, provides a regular audit result to DPD (two times in a fiscal year). DPD, through The State Budget Standing Committee, identifies the budget misused as reported by BPK, and subsequently follow them up by conducting field fact finding and/or probing to the related indicated agency/ies in the regions. The result is brought to the special meeting with related officials in Jakarta to generate solutions as well as reported to the DPR. Some of the results, mainly categorized as having strongly corruption evidence, are reported and asked KPK (The Corruption Eradication Commission) to do special investigation.

Category of DPD’s Oversight  Indicated-Corruption based oversight  Since DPD has collaborated with KPK (through an MoU) and has a group for anti corruption, we are keen to collect and receive corruption cases from the regions. Those cases are categorized on certain criteria and then confirmed to the subject to make sure the degree of the validity. The valid corruption cases are submitted and asked to KPK to take relevant actions, and then DPD’s group for anti corruption will monitor those cases handling.  Current issues based oversight  DPD, through related standing committee, is keen in monitoring current social-culturalpolitical-economic problems from the regions. When a case is considered within the DPD duties, DPD makes a systematic oversight agenda and subsequently act on it shortly.  Substantial development programs oversight  this oversight agenda is focused to at least 3 areas: education, health and poverty reduction. For example, as explicitly written in our Constitution, minimum 20% of the State Budget must be allocated for education program. The problem is that usually related government officials allocate the fund for more administrative purposes rather than to substantial education program, for example

The Oversight Instrument

 Related Laws as the main reference, elaborated based on the oversight goals.  Formulate the oversight guidelines, which contains: Background Goals Questionnaire interview guideline Target groups Timeline Budget Reporting framework

The Instrument For Overseeing the IMPLEMENTATION on Local Election An Example on law based oversight: 14 days prior to the election

Oversight Guidelines, Laws and Regulation s

Methods : Interviews and Reports from :

ELECTION EXECUTION

•Local Election Committee •Regional Assembly •Oversight Committee for Local Election •Pers •NGOs •Community’s Reports

Oversight report post the event

In 4 years after the establishment of DPD, it has produced several oversight products : 10 Initiatives of Bill 83 Considerations on various Bills, both proposed by The President or The Lower House 38 Oversight Results 23 Decisions related to the State Revenue and Budget (APBN)

Impacts of DPD’s Oversight (among others):

1. Enhanching corruption eradication movement in the regions 2. Enforcing clean government and good governance 3. To some extend, increasing the quality of public services in various sectors 4. Enriching political culture in the regions 5. Branding DPD as a neutral representative political body.

THE REPUBLIC OF INDONESIA SENATE

Thank You www.senatorlaodeida.blogspot.com