The question of this topic is “Do Regulation
Matter for Infrastructure Performance in Indonesia?” After economic crisis in
1998, Indonesian Government since 2005 seriously invites the private sector to
participate in development of the public infrastructure by implementing the
concept of Public Private Partnership (PPP).
Many regulations have issued to support PPP since, but in the implementing
of such regulations so many obstacles faced by the government and private
sector at the beginning of perform the development of infrastructure such as
the problem of land acquisition for infrastructure development. The answer of
such question before mentioned is, it needs the better quality of regulations,
and the better quality of regulations needs the best quality law-makers (human
resources) which have many experiences as law-makers with strong academic
background.
On 7th August 2012, Indonesian
Government has issued Presidential Decree No. 71 Year
2012 concerning to Land Acquisition for Public Interest, in order to implement
Law No. 2 Year 2012 as to Land Acquisition for Public Interest. This new
regulations withdrew the previous regulations Presidential Decree No. 36/ 2005 and its amendment Presidential Decree No. 65/ 2006.
Such Presidential Decree gives the time certainty
and assurance regarding to land acquisition process and procedure. Under the
new regulations, the duration of all process and procedure of land acquisition
is about 583 days as máximum days. This new regulations is to response the
constraints and the obstacles of the implementation of Indonesian Government
program in order to accelerate and to extent Indonesian economic development (Masterplan Percepatan dan Perluasan Pembangunan Ekonomi Indonesia or
MP3EI), ofwhich there are many infrastructure project in some region areas. The constraints and the obstacles of such
Government Masterplan are about regulations concerning to space arrangement and
land acquisition (http://www.pikiran-rakyat.com/node/201194
dated 10th September 2012).
As well as, in order to response the constraints and the obstacles of the implementation of Indonesian
Government program in order to accelerate and to extent Indonesian economic development
(MP3EI), Indonesian Government has
issued Presidential Decree No. 56 Year 2011 concerning to the amendment of Presidential Decree No. 67 Year 2005 as to Public Private Partnership for Infrastructure
Procurement.
Regarding to these facts, government takes about 5
years to review the previous regulations in order to give response concerning
to the implementation of previous regulations. Its means that its about 5 years,
the government face the constraints and the obstacles for infrastructure development
in Indonesia. From these facts, however, we have to learn from success
countries how to issue and set up the better quality of regulations
specifically for infrastructure development. The better quality of regulations needs the best quality law-makers
(human resources) which have many experiences as law-makers with strong
academic background.
As conclusion, one country could not running well as stated in its Constitution
as a philosophical idea to give prosperous and wealthy (wellfare state) to
their peoples if not supported by the better quality of regulations.
Dr. Iwan E. Joesoef, SH., Sp.N., M.Kn.
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