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III. The Policy Environment for NGOs/RPOs in Indonesia


So far, no policy or regulation regarding NGO-GO collaboration/cooperation exists. This is due to the absence of a law to regulate the existence of social organizations such as NGOs. Most of the registered NGOs in the listing made by the Sekretariat Bina Desa are foundations or religious institutions and associations. It seems that the foundation is the most convenient form for NGOs to obtain legal status in the country.

In 1982, the Indonesian government issued an Act of Environment No. 4/1/1982. This Act mentions, among other things, the role and position of NGOs in environment in Indonesia. This means that those who are active in this field are not only explicitly acknowledged but are also strengthened (Status Papers on NGO Involvement in Rural Development: A Perspective of Ten Countries in Asia).

However, some government institutions are suspicious and apprehensive about the growth and development of NGOs. This may be due to the government's limited ability to control, manage and regulate NGO activities. The government seems to fear that NGO growth may lead to power concentration as the development of NGOs might rival theirs. The government takes the opinion that it has the sole right and duty to undertake development. On the other hand, the mix of NGOs characterized by their wide range of objectives and activities as well as their different levels of capabilities have contributed to the unfriendly policy towards them. In a sense, there is lack of proper perception concerning the roles in community development both of the government and the non-government organizations. This attitude results in policies that often expatriate self-reliance already evolving within the community.

Recently, the NGO community in Indonesia has raised a furor over a 17-page draft presidential decree that could severely curtain their activity. Prepared by Interior Ministry Officials, the draft stipulates that any organization can be shut down if found to be "undermining the authority of the state and/or discrediting the government... hindering the implementation of national development" or engaged in other activity that upsets political stability and security." Furthermore, LSMs can be set up only after consultation with the police, the military and the national intelligence agency.

Some NGOs, particularly those involved in projects related to health, the environment and agriculture which have enjoyed closer cooperation with national and provincial officials, largely view the draft decree as an anachronism - which reflects the continued ambivalence ones the role of NGOs in national development. These NGOs mostly act as "facilitators" in the government's on-going poverty alleviation program known as Inpres Desa Tertinggal (IDT) which allocates Rps 20 million for each impoverished villages

A cursory look at previous GO policies on collaboration with NGOs exhibit the government's tendency to regulate and control the latter's activities as indicated in the table below:

LEGAL CONSTRAINTS

YEAR INITIATED

1. Issue Orientation



> NGOs charter must adopt guiding or sole principle specified by the government.

1985

2. Financial Dimension



> NGOs must formally register w/Gov't. in order to receive foreign aid.

1985

> NGOs must report any foreign aid received to GOs

1985

> NGOs must obtain GO approval in order to use foreign aid.

1985

3. Organizational Dimension



> NGOs must formally register w/Gov't. to operate legally.

1985/90

> NGOs are required to coordinate all activities w/relevant local government bodies.

1985

> GO has the authority to remove and appoint new board members to govern an NGO.

1985

4. Policy Dimension



> GO sets up a control body to coordinate NGO activities.

1985

Sources: Kothari 1986; Witjes 1986; Billah & Nusantra 1989; Eldridge 1989; PACT 1989; BulKari 1990; De Fonseka et. al. 1990; Huda 1990; Montelibano-Salinas 1990; Riker 1990; Improving the Policy Environment For NGO Functioning, A Paper prepared for the Joint Project on "The Role of NGOs in Development", 1990, December 6, James V. Riker, pp. 48-50.

Various types of dialogues and consultations were conducted to clarify the relationship that exists between NGOs and GOs. In a report prepared by Mr. Soedjarwo, the following general conclusions emerged:

a. Both the government and the NGOs recognize that there are many differences between NGOs in Western countries and Indonesian NGOs, the latter being apolitical.

b. The history of Indonesian NGOs has shown that they played a positive role in the development process. The NGO sector most of the time implements activities that are still not managed well by the government.

c. The government could pay greater attention to the NGO sector by providing the latter with opportunities to participate more fully in the country's developmental efforts.

d. Government participation in activities which have been initiated by NGOs should be viewed by the latter as a source of additional momentum and support, rather than resented as an intrusion.

However, these developments have not automatically resulted into a smooth cooperation between the two parties. The problem is more acute among the middle levels of bureaucracy - the ones whom NGOs must work closely in the field. For one, the attitude of a government official towards NGOs may differ substantially from another. One possible reason is that a number of officials do not have sufficient information concerning NGOs on how they operate and on how NGOs can assist them in planning and implementing development projects. The second reason might be that line agency officials perceive that NGOs are doing their work, often with international donor assistance. Third, projects implemented in rural areas usually need the support of the Ministry of the Interior in that particular area before NGOs would be able to proceed effectively.

There are, however, several departments or government's offices that, contrary to the above, collaborate with and have conducted dialogues to promote SARD in cooperation with NGOs. The following are some examples:


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