Regional Autonomy and the Character of Local Government Laws and Regulations: New Pressures on the Environment and Indigenous Communities

Abstract

"This paper presents a preliminary assessment of emerging trends in the character and quality of regional government regulations (Peraturan Daerah, or Perda) in Indonesia since the implementation of Law No. 22 of 1999 on Regional Government (henceforth the Regional Government or Regional Autonomy Law). As this process is still unfolding, this assessment is limited to a descriptive analysis of trends and issues, and is based primarily on secondary data. The methodology employed is empirical, non-doctrinal legal analysis.

"The analysis examines a number of parameters which taken together provide indications of the emerging character of local and regional laws and regulations in the country. It assesses initial trends, a more detailed analysis will have to wait until more time has past and trends have solidified into patterns. The parameters examined include the lawmaking process itself; the substance of the new laws and regulations; and the implementation process. The essay then goes on to discuss - in a generic fashion - the sorts of issues being addressed and approaches taken, whose interests are served, contradictions in application and enforcement, and the impacts of the new laws on communities and the environment. In this way, the essay attempts to outline an emerging big picture of the orientation, shape and direction of ongoing legal reform in Indonesia."