PARTICIPATORY DEMOCRACY AND THE ATTEMPT OF BRINGING A PROFESSIONAL AND

ACCOUNTABLE LOCAL GOVERNMENT INTO REALITY

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Abstract
Conflict and tension occurring often leading to many deviations in the organization of Local Government is due
to the application of absolute representative democracy giving the political party only the space as the main of individual
legislative (DPRD) members and giving the people the limited space to participate in any important political decision
making as well; therefore a participatory democracy system should be applied as the response to the frozen
communication and the conflict between Local Leaders and DPRD (Local Legislative Assembly).

Keywords: checks and balances and participatory democracy.

Introduction ideal formula is required as the result of balanced

Pseudo-democracy implementation and the
relationship between Government institutions
functions as if running but actually infertile are
highlighted perhaps in the attempt of accomplishing
Normative aspect in order t be relevant to the
development of community interaction and expectation.
Confirming continuously the belief that a health
democracy is the one adjacent to people sovereignty 1
guarantees equality, similarity, and independence.
Democratic system may not be allowed to touch the
procedural aspect only rather than substance.
Quantitatively, many programs are stated as democratic
but it has inadequate meaning, low quality and
inadequate direct benefit perceived by community.
One of threats to the legal norm and democratic
substance is the stronger democratic tendency leading to
oligarchy2 and power elite movement tending to be in
oligarchy form as well. Even the normal democracy will
be subdued to the oligarchys iron law. 3 Therefore,
Wasisto Raharjojati4 considers it as damaging to
dignities all at once: democratic institution and
replacing democracy with fractionated patron figure in
some elite circles.
Learning from various cases of frozen
relationship between Local Leader and Local
Legislative assembly due to either the spirit of
undertaking respective function or the different
perception by the two entities duty and authority, an
partnership, developing instrument jointly in both
implementation and evaluation as the reference to
improve and to anticipate every problem, so that Local
Government will neither get the problem out of the
Government mechanism circle in hurry nor position to
overthrow each other.5
Thus, has the local government governance
reflected participatory democracy so far? In which the
community participates actively in escorting the
organization of Local Government.
Public participation is the reflection of people
sovereignty
History of Local Government Law giving the
executives more power space, so called executive
theory6, results not only in unbalanced power of
executives and legislatives in local area, but also in the
absence of public participation in organizing Local
Government.
Since the reformation has been launched until
today, Local Government organization still looks for an
appropriate form. Djohermansyah Djohan 7 mentioned
that the too centralistic government organization will
result in weak local area. Otherwise, the too
decentralized one will lead the central government t lose
control. Local Government power often leaning to the
executive, and only once in legislative during the
enactment of Law Number 22 of 1999 - Local

1 4
Robert A.Dahl, How Democratic is The American
Constitution?, Yale University Press, New Heaven,
2001, p. 162.
2
Peter Salim, The Contemporary English Indonesia
Dictionary, Jakarta, Modern English Press, 1996, p.
1292
3
Yusril Ehza Mahendra, Dinamika Tata Negara
Indonesia, Kompilasi aktual Konstitusi Dewan
Perwakilan dan Sistem Kepartaian, Jakarta, Gema
Insani Press, 1996, p 164
Wasisto Raharjojati, Aklamasi Berbuah Oligarkhi,
Rubrik Opini, Kompas, 9 Mei 2015
5
Adnan Pandu Pradja, rubrik opini, Demokrasi
Partisipasi, Kompas, Edisi 21 Mei 2015.
6
Anas Saidi, et.al., Amandemen Undang-Undang Dasar
Tahun 1945 dan permasalahannya tahap I, Jakarta, PMB
LIPI, 1999 pp. 20-27.
7
Dhjohermansyah Djohan, Repotnya Otonomi Daerah ,
Rubrik Opini, Harian Kompas, 10 October 2016
government power leans to legislatives (legislative
heavy). This condition is also supported by the gap of
supporting facilities between executives and
legislatives, in the term administration or staffs,
affecting clearly the performance of the two institutions.
Tripartite forum of Local Leader, Local
Legislative Assembly (DPRD) and public (community)
is intended to avoid the colluding relationship between
Local Leader and DPRD and to repair the poor
communication. From budget aspect, for example, the
application of e-budgeting is called as the early step of
public participation and needs Local Governments
strong commitment and supporting regulation that could
respond to any healthy innovation, as it is given space in
the Law Number 23 of 2014 about Local Government in
the term of local innovation8.
Tripartite is a part of space provided to public
participation. Access to public participation is necessary
as the control, particularly when the relationship
between Local Leader and DPRD is unhealthy and less
conducive. Yasraf Amir Pilliang9 stated that in
developing public participation as the peoples power of
controlling and driving the existing regimes power in
order not to deviate from the principle of achieving the
peoples goodness, aiming to ensure that the elected
officials hold on their mandate.
Local autonomy principle contained in the
organization of Local Government is intended to give
the public more opportunity of playing active role in
following the development, government, and societal
progresses in their own areas. Taking the scope more
proximate to the mutual activity of government and
community compared with embracing centralization
system the public can identify the governments
problem easily and engage in political participation and
in other interest groups. It is what Brian C Smith10 called
a freedom of expression and of participating actively in
decision making process.
In direct democracy, in which Local Leader
and DPRD are selected by the people, public
participation should not only be accomplished by its
norm to stimulate the participation but also be arranged
to grow as a culture living within society, rather than
silent culture as the manifestation of the publics
reluctance to participate (Loekman Soetrisno) 11. The
implication of direct election is that the position of
public participation, instead, becomes the instrument of
strengthening the relationship of both Local Leaders and
Local Legislative Assembly to their electorates.
Public Participation and Local Government
Governance
8 11
Undang-Undang Nomor 23 Tahun 2014 Bab XXI
Pasal 386
9 12
Yasraf Amir Pilliang, Rubrik Opini, Harian Kompas, 7
September 2015.
10
Brian C. Smith, Decentralization : The Territorial
dimension of the state, London : Asia Publishing House,
1985p. 24.
The function of DPRD as stated in article 96
clause 1 of Law Number 23 of 2014 about Local
Government is the function of establishing Local
Regulation, Budget and Supervision. Clause 2 states that
the three functions, as included in clause 1, are
implemented in the frame of local people representation,
and then clause 3 confirms that in the attempt of
undertaking its function as mentioned in clause 1,
Provincial Legislative Assembly screens the peoples
aspiration.
The position of local areas as the autonomous
area and its authority of developing Local Regulation
have supported the elements of Local Government
organizer to reform the law and ordinance in the local
area. In addition to maintaining the sustainability of
regulation set in the society (Sociological
jurisprudence)12, it is possible to keep reforming the law
in line with the conditions demand, or in other words it
is intended to find the relevance of law to the mankinds
benefit demand. Nevertheless, after almost two decades
of reformation age, the problem of local regulation still
leaves many things related to the quality of Local
Regulation published. The law regulation reform relying
on the spirit only is not enough. Basic knowledge on
political philosophy is absolutely desirable to every
legislator. The problematic legal product generally
results from the legislators limited knowledge on key
problems in political philosophy such as freedom,
human rights and equality. This condition is due to a
shallow political relationship as well between legislator
and constituent, with the excuse of maintaining the
electability and the political career sustainability, often
compelling the willingness of certain group so that
although it is not in line with the political philosophy, it
remains to be the legal regulation.
The big idea in organizing Local Government
is to accelerate the realization of public wellbeing
through improved service, community empowerment
and participation. In developing countries, it is
recognized that there is still a wide gap between the law
written and its implementation, in which the
governments service is outlined in the government
norm and it requires the strong and synergic apparatus.
It can be accomplished when the government format is
organized as the integration of some parties into public
service. Actually the regulation of Local Government is
easier as the organs governed is small in number, by
positioning the Local Leader and DPRD in one
performance and responsibility and competition to
obtain the best outcome, so that the yield of improved
service, empowerment and public participation will
appear immediately.
Loekman Soetrisno, Menuju masyarakat Partisipatif,
Yogyakarta, Kanisius, 1995, p. 207.
Otje Salman, Ikhtisar Filsafat Hukum, Bandung,
Armico Cet. Ketiga, 1999, p. 52
References
Adnan Pandu Pradja, Demokrasi Partisipasi, Rubrik
Opini, Kompas, 21 Mei 2015.
Anas Saidi, et.al. 1999. Amandemen Undang-Undang
Dasar 1945 dan Permasalahannya Tahap I.
Jakarta: PMB-LIPI
Brian C. Smith, 1985. Decentralization : The Territorial
Dimension of The State. London : Asia
Publishing House
Djohan Djohermansyah, Repotnya Otonomi Daerah,
Rubrik Opini, Harian Kompas, 10 October
2016
Loekman Soetrisno. 1995. Menuju Masyarakat
Partisipatif, Yogyakarta: Kanisius
Otje Salman. 1999. Ikhtisar Filsafat Hukum, Bandung:
Armico Cet. Ketiga
Peter Salim, 1996. The Contemporery English
Indonesian Dictionary, Modern English
Press, Jakarta.
Robert A.Dahl. 2001. How Democratic is The American
Constitusion?. New Haven: Yale University
Press
Undang-Undang Nomor 23 Tahun 2014 Tentang
Pemerintahan Daerah
Wasisto Raharjo Jati, Aklamasi Berbuah Oligarkhi,
Rubrik Opini, Kompas, 9 May 2015.
Yasraf Amir Pilliang, Rubrik Opini, Harian Kompas, 7
September 2015
Yusril Ehza Mahendra.1996. Dinamika Tata Negara
Indonesia, Kompilasi aktual Konstitusi Dewan
Perwakilan dan Sistem Kepartaian, Jakarta:
Gema Insani Press