Jakarta, dpd.go.id - There is a lesson in the dialectics of development of DPR-DPD buildings. When listened it appears widespread in various dimensions, both related to basic dimensions: the role and function of DPD RI set out in the 1945 Constitution and Law No. 27 Year 2009, and supporting dimensions such as working system of expert staff, network (in this case relationship of the foreign countries and international) as well as the infrastructure of the office building. In the more-than-six-years term of institution of DPD, institutional development and improvement of DPD can be traced, which of course is not developed or less developed just for itself, but also because of its environment. The development of those dimensions can be viewed one by one.

Basic dimensions of legislative, budgetary and supervision functions

DPD RI has been long concerned about its function and authority, proven by its efforts since 2006 to amend the 1945 Constitution again, which then was in political process in 2007 and subsided in 2008. Now, with broader support and much more supporters, DPD RI continuously boosts the comprehensive efforts of an amendment, and there is recently a website: www.perubahankelimauud45.com. Estuary of the efforts is very extensive to improve state and community life systems. Likewise, actualization of the role of legislation, budget and supervision of agency and senators will be proper. Of course, it is not separated from its association with the House of Representatives (DPR RI). It is impossible to talk about the actualization of DPD RI without analyzing or seeing its association with DPR RI, because according to the “manner” of state institutional governance, DPR and DPD are like two sides of a coin.

Chairman of DPD RI has sent a letter to the Chairman of DPR RI on 25 March 2010 and asked to hold a discussion to achieve the mechanism of action of DPR and DPD in the harmonious disciplinary rules. How good it is contained in Law Number 27 Year 2009, the role of DPD will not be operated without the affirmation of the harmonious disciplinary rules of DPR and DPD. Consultation on the chairman of DPR and DPD has been once held, discussing in general, where the Legislation of DPR and Budget Agency of DPR supported the expectations of DPD at the time. Some issues raised by DPD to be discussed together related to aspects: mechanism of national legislation, mechanism of submission of initiative proposal (Bill) by DPD RI, mechanism of the discussion of Bill, mechanism of consideration of DPD on State Budget Bill, mechanism of submission of supervision results from DPD to DPR, mechanism of political recruitment of BPK RI (Supreme Audit Agency) and pattern of foreign cooperation which involves DPR and DPD RI. In further developments, the expectations of DPD has not been implemented yet: but several consultations have produced an important agreement in the mechanism of action of DPR and DPD, that is arrangement of Joint Session of DPR and DPD in order to held the State Address of the President of the Republic of Indonesia on 16 August.

Furthermore, on January 12, 2011, Chairman of DPD wrote again to the Chairman of DPR to continue the discussion of the mechanism of action between DPR and DPD which inevitably must be listed in disciplinary rules of DPR and disciplinary rules of DPD, and its contents must be harmonious in the articles in the law which is synergy to each other. The proposal was submitted to DPR because DPD has a lot of things to be communicated, especially with regard to the mechanism of legislation, when the effectiveness of legislation is weakened.

So far, the mechanism of legislation and supervision is carried out between the Commission of DPR and the Committee of DPD partially and sporadically, also varies depending on the interaction of the Commission of DPR and the Committee of DPD. There is no attempt to institutionalize; whereas in fact, with the unsatisfactory productivity in the legislation level in the eyes of the people, it should be corrected by developing synergies between DPR and DPD. So there must be courage of systematic and institutionalized breakthrough, by Chairman of both DPR and DPD. Why? Because all documents from DPD come in to DPR through the Chairman of DPR in accordance with Law.

At another function, it can also be seen that there is an issue that is in the budget mechanism. The debate about “the aspiration funds” some time ago was part of reflection or bias in relation to the budget mechanism in DPR regarding budget support for priority areas. Recent development, it is excited about the “budget mafia” in DPR, which is associated with the Regional Infrastructure Matching Grant (DPID). The concept of matching grant actually does not exist in the Law, it also contains the dominance of discretion, thereby is potentially to be a source of vulnerability. In this regard, the discretion can be done, but with the power of data accuracy. In the case of alignments to the regions, the involvement of DPD in the budget mechanism becomes very important due to alignments guarantee to the regions. Chairman of DPD has proposed to regulate mechanism of involvement of DPD in the preparation of budget policy and discussion about Bill of Draft State Budget in order to involve DPD systematically. The involvement is at least in three phases, namely: when discussing Government Work Plan (RKP), when discussing the policy of regional transfer funds and when discussing the policy of fund allocation to the regions. It is not happening now; DPD only provides a written consideration which is submitted from the Chairman of DPD to the Chairman of DPR; and good communication between Committee IV of DPD and Commission XI of DPR and with the Budget Agency of DPR. One of justice reflections to the regions, including the allocation of regional transfer funds as well as the principles set out for it. The regions highly expect fairness in the context of budget allocations, so no need to develop regional suspicions to DPR and National Governments.

Office infrastructure and facilities to support the oversight function

Driven by social engineering corridor through the Law Number 27 of 2009 about the position of DPD in the parliamentary system in Indonesia, DPD continues to develop a working system as a source of strength. Therefore, when the DPR and the Central Government approved the policy that the DPD should have an office in the each region as stated in Law Number 27 of 2009, it is a challenge for the DPD RI which is then conceptually developed as an opportunity. That opportunity is an opportunity to develop democracy by making the citizens closer to the state through the presence of state institutions which is the Office of the DPD in the province. Law Number 27 of 2009 on the MPR, DPR, DPD and DPRD, with regard to the implementation of the constitutional duties of the DPD, especially in the area of ​​election activity, confirmed by the articles as follows: First, Article 224 paragraph (2): ” In carrying out its oversight duties, DPD senators can conduct meetings with local government, DPRD, and elements of society in the election “; Second, Article 227 paragraph (4):” Senators of the DPD has regional offices in the provincial capital of its election “; Third, Article 402: “The provision of DPD offices in each provincial capital is done gradually by the Government for more than 2 (two) years since the Law No. 27 of 2009 was enacted”. Furthermore, for the establishment of the office, therefore the Article 402 of Law No. 27 of 2009 had ordered the Government to prepare support for DPD RI offices in the provincial capital through the state budget (APBN) for two years since the legislation was enacted.

Within that framework, therefore conceptually, the DPD through PURT together with the Secretariat General is drafting the concept of regional offices, including its strategy formation. For that, it is traced the duties and functions of DPD senators, including while working in the region. Under the provisions of Article 22 D of the 1945 Constitution and Article 224 of Law Number 27 of 2009 about the MD3, in general the duties and functions of Senators of the DPD can be identified, namely: formulating legislation program; drafting an initiative; discuss a particular bill with the House of Representatives (DPR RI); formulating consideration of State Budget Draft (APBN), education and religion; conducting supervision over the implementation of certain laws and the implementation of the state budget and formulating the results of supervision; formulating considerations for the selection of members of BPK RI; collecting, holding and cultivating the aspirations of communities and regions; performing dissemination of the results of the activities of DPD RI institution; performing mediation in the central and local relations; conducting hearings on the DPD fittings; implementing work meetings with government, local governments, DPRD, elements of society, and implementing consultations with the President and state institutions.

Correspondingly, the Senators of DPD activity in the region include: conducting supervision over the implementation of certain laws and the implementation of the State Budget and preparing the results of supervision; performing validation field on the initiatives bill, discussions materials with the DPR and consideration materials; collecting, holding and cultivating the aspirations of the community and regions in the form of bill, in the framework of supervision and within the framework of political recruitment for members of the BPK; implementing work meetings with government, local governments, DPRD, elements of society; receiving public delegations, both directly and written documents; performing dissemination of the DPD RI results of activities; performing mediation in the central and local relations; analyzing materials of aspirations, and conducting a working visit to the Regency / municipality, district and village / village.

With so many tasks, overall it is time to look at the role of legislators (DPR, DPD and DPRD) to be mapped conceptually. As well as their supporting system, because in this era of democracy there has been a huge change in the function of the legislature and the role of legislators. Legislatures and the role of legislators needed is the role of partisanship to the people in the area, according to the position of legislators before the people with the characteristics of “authoritative and binding “.

Within that framework, the concept of normative support system called “General Secretariat” becomes very important. The support system that covers technical, administration, expertise and networks. The activity of Provincial Secretariat of DPDwithin the framework of support includes technical support administrative which are: implementing administration; implementing the protocol activities of members; formulating together a program and budget for the members; implementing budget management; setting up support meetings; organizing meetings; implementing governance archives ; preparing documents, references and information networks; setting up an information center and managing information; performing dissemination of the DPD decisions and the results of the Members activities; managing facilities and offices; preparing a community delegation acceptance; receiving delegations and conducting public communication; preparing research management; participating in regional activities such as exhibitions, etc. as well as working visit to the field.In the field of expertise, it can be identified the support that includes the steps of: accommodating the aspirations of the community indirect (writing) or directly; summarizing the results of discussions, brainstorming community; carrying out the assessment and data searching; conducting seminars, workshops, etc.; analyzing and displaying of information; formulating publicity materials; preparing consultation materials, lectures, etc.; preparing the work materials for meetings, tele-conferencing, etc.; visiting the field, county / district / village. In addition, under Law No. 9 of 2010 on Protocol, therefore the arrangements for Senators of DPD activity in the region are carried out in accordance with Law Protocol which are implemented by the secretariat.

Strategy of the DPD RI office formation in the provincial capital with the approach taken as shown in Figure 1. First, the development of working mechanism of DPD senators in the area of ​​selection and arrangement of organizational support for it. Second, the development of temporary office support which since the 2004-2009 period has been partially developed in some provinces, with the house aspirations, and Third, consult the Provincial Government to obtain grant support for the construction of new building land. It could also be in the form of grants to local government buildings could be used by the DPD RI in carrying out the function of regional representation.

Figure 1. Preparation Elements of the Provincial DPD Office

The strategy has been implemented, and phases are also taken. In May 2010, it has conducted trials across the provinces for the implementation of the mechanism of action with a pattern of working meetings with the DPD Senators with elements of regional society (government, DPRD, NGOs, etc.). The mechanism takes place every time a senator of the DPD do an activity in the election. While the mechanism of action takes place by using the temporary office, or other means of either a loan of the building or a lease of conference room from the local government, then continue to prepare the completion of a temporary office and the steps to set up permanent offices in each provincial capital in Indonesia, including the construction of new buildings or by renovation development.

Conceptually structured plan to construct the DPD office in the provincial capital is based on DPD functions. The identification function and the type of work then consulted to the Ministry of Public Works and obtain technical advice the use of space about 2600 m2 and the need for cost analysis in the Ministry of Public Works letter No. BU.01.06-Cb/1280 dated October 19, 2010. Within the budgeting norms, recorded a needs analysis for the cost of a standard work such as foundations, structures, ceilings, walls, floors, utilities and finishing with a value of Rp 398.8 billion, and needs analysis for the cost of non-standard jobs such as air conditioning equipment, sound system, telephone and fax, IT installations, special lightning rod, the interior including the furniture, the combustion gases, medical gases, termite prevention, Disabled facilities, etc. with a value of USD 400, 4 billion. This is still temporary budget, because needs analysis data is different from the value of building construction plans. There are stages of building plan process until tender and construction as shown in the schematic process flow of Figure 2. In other words, savings can be done by setting the posts of non-standard employment, adapted to the conditions of each region. The adjustment can not be done now, (through the mechanism of Budget Revenues and Expenditures of State-Change Year 2011), because the value of available funds to regional offices in FY 2011 only Rp 339.53 billion, still below standard.

Figure 2. Schematic Flow of Building Construction Process

DPD has made significant savings in land procurement without the use of state funds but by a grant from the Regional Government. In this effort, the Leadership Council and the General Secretary seeks to work with the governors to support and provide grants of land according to Government Regulation No. 6 of 2006.

Grant of land has provided by several provincial government to the DPD, there are; Bangka Belitung Province, South Sumatra, Jambi, Central Kalimantan, South Sulawesi, East Nusa Tenggara, Maluku, Yogyakarta, West Sulawesi, West Sumatra, Southeast Sulawesi and West Papua. Meanwhile, there are other possibilities in the permanent borrow and use form (up to more than 20 years), long term borrow and use, such as Banten, Bali, East Kalimantan, West Kalimantan, Central Java, East java, South Kalimantan, West Nusa Tenggara and Gorontalo. Some province as North Sulawesi and Bali has granted land including the building.

Currently is still planning stages to produce design drawings of the building. So there are no detailed plans and estimate budget value, so can not be tender. In accordance with the regional office construction program, construction of DPD building is multiyear program.

Dimension of Expert Support

Both the temporary office and later permanent office will operate under the operational pattern of DPD working mechanism in the region. Considering the senator’s tasks and needs, they are need administrative, technical and expertise support. Just a comparison, the United States Senate staff expert are about 25-30 people, then the number of expert staff of DPD RI senator at this time there was only one person in Jakarta and one in the province. Learning from various countries as reference, such as Australia, the United States, the Netherlands, and Japan DPD also continue to develop a concept model of expert staff.

Expert staff became an important part of the core competence of a DPD senator. For instance, in the DPD is working mechanism where every bill that comes in, both from government and from Parliament, Deliberation Committee scheduled in the DPD for the assignment, and then processed with a Preface by the Leadership Council and then discussed by the Committee / PPUU. It is process when DPD makes DIM (List Inventory Issues) Regional, called Province DIM. Context of Province DIM summary is a “regional perspective” of a bill and “idea whether the bill if enacted would executable in the respective provinces. At such conditions, expert staff is indispensable for DPD senators, to collect and analyze people’s aspirations. Expert staff recruitment criteria have set out in the Decision Committee meetings in 2007. The pattern is: staff nominated by the DPD senator then conducted further tests by a team from University of Indonesia and made a decree by the General Secretary.

Currently, there are still problems related to the position of DPD senator expert staff. That is, whether it’s expert staff is fully attached to the DPD senator, or the General Secretariat, to support and encourage the working capacity of DPD senator. Within General Secretariat of DPD being drafted proposed legislation functional staff. It will be very useful to reset the staff or officials in the Secretariat-General, not only in the DPD, but in the House of Representative, the People’s Consultative Assembly (MPR) or even the Regional of Representatives which senior officials will accompany the House member or the institution so that the performance of institutions will be better.

DPD continues to try to establish the existence through systems development that works best. DPD does not have to worry about the problem of limited authority. The authority is a political consensus, and DPD will get it someday, because the regions require the DPD role to elevating the role of regions in the articulation of political policies and national development. DPD continues to try to play well, particularly through the development of a working system in order to provide maximum benefit for the community as much as possible.

Jakarta,  July 2011

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