Policy Brief    INSTITUTION OF THE SOCIAL WELFARE ORGANIZATION                              IN INDONESIACHAPTER I   INTROD...
of 1997 on Elderly Welfare, The Act Number 3 of 1997 on CourtChild, The Act Number 5 of 1997 on Psychotropic, The ActNumbe...
development. Thus, there are needy which cannot be avoided todevelop integration between economic development at once soci...
for the Armed Forces (PT. Asabri), and The Limited Corporation of     Health Insurance (PT. Askes).     In the private sec...
9. The Act Number 13 of 1997 on Elderly Welfare;10. The Act Number 22 of 1997 on Narcotic;11. The Act Number 39 of 1999 on...
CHAPTER II   SOCIAL ACTIVITY HANDLING POLICY IN INDONESIA             A. Role of the State (Central, Regional, the Ministr...
stimulant to the community, coordinating the implementation ofsocial welfare programs to the licensing and supervision of ...
i.e. specific health facilities purchase drugs for the poor, and (3)supplementary feeding school children program (PMT-AS)...
One of the state enterprises, namely Bank BNI for example,applying this PKBL program with the name "SOE PartnershipProgram...
Fourth limited liability company upon in accordance with the role   and focus of each do good for the health insurance und...
implementation of CSR requires the support of local government,   legal certainty and guarantee of social order.C. Role of...
CHAPTER III GENERAL    ANALYSIS            AND    GENERAL        INSTITUTIONAL            IDENTIFICATION           In gene...
of Poverty Reduction National Team Institution. There are fourpurposes of this policy: (1) to eliminate the burden of expe...
poverty that need to be addressed is access to the status of landownership so that land can be used as productive capital ...
Affairs No. 78 of 1993 and No. 39/HUK/1993 on Development of   Social Organizations/Non-Governmental Organization. In this...
welfare policy. But in practice is different there are variousprograms concerning the implementation of social welfare whi...
session. Then later addressed by members of Parliament.Conversely, if the bill is an initiative of the House it will besub...
mandate of the National Social Security System Law (Bill SJSN). Inthe discussion of the bill are crucial issues related BP...
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Policy brief

  1. 1. Policy Brief INSTITUTION OF THE SOCIAL WELFARE ORGANIZATION IN INDONESIACHAPTER I INTRODUCTION A. Background and Object Social welfare development as was avoidable form in the existence of state and nation. In Indonesia social welfare development was instructed by The 1945 Constitution of The Republic of Indonesia. In this case The Preamble of The 1945 Constitution of The Republic of Indonesia explain that one of the aim of state is to improve public welfare with the base on social justice among them. Like wise in some articles of The 1945 Constitution of The Republic of Indonesia confirm and clarifies that the social welfare development very importance and the state take a part a significant role inside. In this case can be found among them in the Article 27 paragraph (2) : “Every citizen shall have the rights to work and to earn a humane livelihood”; Article 28H paragraph (3) : “Every person shall have the right to social security in order to develop oneself fully as a dignified human being”; Article 34 paragraph (1) : “Impowerished persons and abandoned children shall be taken care of by the state”; paragraph (2) : “The state shall develop a system of social security for all of the people and shall empower the inadequate and underprivileged in society in accordance with human dignity”; paragraph (3) : “The state shall have the obligation to provide sufficient medical and public service facilities”. Implementation of the above stipulation of The 1945 Constitution of The Republic of Indonesia spelling out (converted) in some regulations, such as The Act Number 11 of 2009 on Social Welfare, The Act Number 4 of 1979 on Children Welfare, The Act Number 7 of 1984 on Ratification of The Convention On The Elimination Of All Forms Of Discrimanation Against Women, The Act Number 8 of 1985 on Social Organization, The Act Number 13 1
  2. 2. of 1997 on Elderly Welfare, The Act Number 3 of 1997 on CourtChild, The Act Number 5 of 1997 on Psychotropic, The ActNumber 22 of 1997 on Narcotic, The Act Number 39 of 1999 onHuman Right, The Act Number 11 of 2005 on Ratification of TheInternational Covenant on Economic, Social and Cultural Rights,The Act Number 40 of 2004 on National Social Security System,and The Act Number 32 of 2004 on Local Government.Beside the regulations mentioned above, there are also undirectlyregulation by sector which deriving form or implementation of thedetermination of The 1945 Constitution of The Republic ofIndonesia the above mentioned, but have a strong connectionsand relevances such as The Act Number 19 of 2003 on State-Owned Enterprises (SOEs) and The Act Number 40 of 2007 onLimited Company. Both of this act regulated the role of thecorporation to take responsibility in developing social welfare inthe form of Corporate Social Responsibility (CSR) program, asawareness program of the corporate as well as state or privatecorporation to execute the strengthening any effects expedient orsocial assistance in the environment of the location of the saidcorporate.The development of social welfare itself not only governmentpolicy but also depending to human rights. Because in the case ofthe poverty, for example : The National Strategy to Eliminating thePoverties document, stated that : “The poverty not have beenonly agreed as economic in capasity, but also have failed to fullfillfundamental right and the difference of the treatment forsomeone or a group of peoples, mens and women in his live as ahuman dignity. It is seem clearly that the approach of thefundamental rights being the main pillar in this case.Teoritically, many states have took the action to develop socialwelfare by formulating the development program accordingly as apart of the economic development. There are comprehension thateconomic development and the social welfare development as theform of the sinergic. To promote the security of the social welfareat once the determination and correction to the marketmechanism which often become the foundation of the economic 2
  3. 3. development. Thus, there are needy which cannot be avoided todevelop integration between economic development at once socialwelfare development. Some problems in the aims social welfare inmany countries have been recognized internationally. MilleniumDevelopment Goals (MDGs) as one of the form initiative of theinternational communities to eliminate the above mentionsproblem. In this case Millenium Development Goals (MDGs) as theguidance for development in many countries. The aims of the saidMillenium Development Goals (MDGs) containing the commitmentof the international communities to develop of its vision of thedevelopment which consist of 8 (eight) points of agreement, e.g. :1. To eliminate the poverty and non ability of food;2. To achieve of the universal elementary education;3. To push up non discrimination of gender and empowering of women;4. To eliminate the death childish;5. To growth the healthness of motherhood;6. Attachment of HIV/AIDS, dengue and others sickness;7. To assure the sustainable environment; and8. To growth the global partnership for development.In Indonesia, policy of the social welfare development as theprimary government obligation under coordinating of the SocialMinister. The mapping of the institution, organization whichdealing with the social welfare development polities variously andcomplex. Almost every ministry have the programs of socialwelfare, for example : The Ministry of National Education, TheMinistry of Cooperation, Micro, Small and Middle Entrepreneurshiphaves the same programs of empowering capasity of the smallbusiness or poorness peoples, etc. Not only government ministerhave that’s program, but State-Owned Enterprises (SOEs), alsohave the same program to empowering the social welfare whichwas called The Partnership of Establishing Environment (PKBL).Also include to the organization State-Owned Enterprises (SOEs)such as The Act Number 40 of 2004 on The National SocialSecurity System (Sisjamsosnas), for example : The LimitedCorporation of The Social Security for the Workers (PT.Jamsostek), The Limited Corporation of Savings Insurance for thePension (PT. Taspen), The Limited Corporation of the Insurance 3
  4. 4. for the Armed Forces (PT. Asabri), and The Limited Corporation of Health Insurance (PT. Askes). In the private sector, according to The Act Number 40 of 2007 on Limited Corporation, specifically at the Article 74, stated that : “The corporate which has the activities in the field or related with the natural resources to execute for social and environmental responsibility or its known as corporate social responsibility and the budget should be covered as the corporate cost. While in the context of civil society also enable seen various civil society organizations under The Act Number 8 of 1985 on Social Organization to carry out various activities in the field of empowering society for social welfare. Various non government organizations (NGOs) execute the said activities, such as Migrant Care to empower migrant workers, Yayasan Walhi (Walhi foundation) for strengthening the society in balancing ecosystem of the environment and many others independent of labor union. From the above stated actors of course there have been some problems such as overlap there programs among them, including how to execute social welfare respectively. That is why very importance to described the role of each institutions according with their construction and control, including the activities.B. The Basic of Law 1. The Preamble of The 1945 Constitution of The Republic of Indonesia; 2. The 1945 Constitution of The Republic of Indonesia; 3. The Act Number 4 of 1979 on Children Welfare; 4. The Act Number 7 of 1984 on Ratification of The Convention On The Elimination Of All Forms Of Discrimanation Against Women; 5. The Act Number 8 of 1985 on Social Organization; 6. The Act Number 3 of 1997 on Court Child; 7. The Act Number 4 of 1997 on Disabled People; 8. The Act Number 5 of 1997 on Psychotropic; 4
  5. 5. 9. The Act Number 13 of 1997 on Elderly Welfare;10. The Act Number 22 of 1997 on Narcotic;11. The Act Number 39 of 1999 on Human Right;12. The Act Number 23 of 2002 on Child Protection;13. The Act Number 32 of 2004 on Local Government;14. The Act Number 40 of 2004 on National Social Security System;15. The Act Number 11 of 2005 on Ratification of The International Covenant on Economic, Social and Cultural Rights;16. The Act Number 24 of 2007 on17. The Act Number 11 of 2009 on Social Welfare; 5
  6. 6. CHAPTER II SOCIAL ACTIVITY HANDLING POLICY IN INDONESIA A. Role of the State (Central, Regional, the Ministry and state Enterprise) In principle, social welfare is the fulfillment of material needs, spiritual, and social citizenship in order to live decent and able to develop themselves, so it can perform its social function. The main task of social welfare is part of the state obligations on one side and the right of citizens to fulfill their social welfare. In the context of the state then there are various institutional involved in strengthening of social welfare. The aim of social welfare itself is based on The Act Number 11 of 2009 on Social Welfare include individuals, families, groups and communities who have no decent life in a humanitarian and social issues criteria namely: (a) poverty, (b) abandonment; (c) disability, (d) isolation, (e) homeless drifter and deviant behavior, (f) disaster victims, and / or, (g) victims of violence, exploitation and discrimination. In the program, the implementation of social welfare includes: social rehabilitation, social security, social empowerment and social protection. At the macro level, the responsibility for the implementation of social welfare is the responsibility of central government and local government in which to center the responsibility of the social minister (Article 24 paragraph (1) and (2) The Act No. 11/2009). The responsibility of central government in general, among others, formulate policies and programs of social welfare, providing access to it, social rehabilitation, social security, social empowerment, and social protection in accordance with the provisions of legislation, encourage and facilitate community and business world in perform its social responsibility, setting standards of service, registration, accreditation and certification of social welfare services to allocate a budget for the implementation of social welfare from the State Expenditure Budget (APBN). While local governments are divided provinces, districts and cities in general concerning the social welfare budget allocation of state revenues and budget expenditures, provide social assistance as a 6
  7. 7. stimulant to the community, coordinating the implementation ofsocial welfare programs to the licensing and supervision of thecollection of donations and delivery of social assistance within theirauthority.Government in the conduct of social welfare administration builtthrough various strategies, for example in cases of poverty, in theform of three clusters in the first cluster includes assistanceprograms and social protection. The program of this cluster of basicservices for the distribution of subsidized rice (raskin), healthinsurance (Jamkesmas), social empowerment of the family, poor,indigenous communities, other social welfare issues, socialassistance to vulnerable people, victims of natural disasters andsocial assistance cash to households is very poor. The second clusteris the empowerment of communities through the NationalIndependent Community Empowerment Program (PNPM Mandiri).This cluster consists of people who detached from the first cluster.PNPM covers Presidential Directive of Disadvantaged Villages (IDT),Fuel Subsidy Reduction Compensation Program (PKPS-BBM), Sub-districts Development Program (KDP), Urban Poverty Program(P2KP), Income Improvement Project for Small Farmers andFishermen (P4K), Empowerment Economical Coastal Community(PEMP) and others. In this cluster provided assistance such asproviding the "hook", not the fish, for the poor and nearly poor tobe self sufficient community.Poor people are already out or do not go from first and secondcluster, designated the third cluster. They have a livelihood orbusiness sufficient to finance the basic needs but needs ofimprovement. The programs in this cluster are assistance programsfor the empowerment and development of micro and smallenterprises in the form of capital or increase the capacity and thePeoples Business Credit (KUR).In addition to Social Ministry, social welfare administration alsocarried out its role by the various ministries. In 2004 for example,the health ministry has various programs to tackle poverty from theperspective of health, among others: (1) the health card programwith free health care for the poor, (2) Presidential Instruction Drug 7
  8. 8. i.e. specific health facilities purchase drugs for the poor, and (3)supplementary feeding school children program (PMT-AS) which isproviding nutritional supplements for school children residing in poorareas.Ministry of National Education in 2004 to the present conductvarious social welfare program of strengthening the provision ofscholarships for students of elementary, junior high and high school;operational grants and literacy programs.While the Ministry of Social Affairs itself has a related strengtheningof social welfare programs among other social assistance programsfor victims of natural disasters, social assistance workers; servicesfor neglected children, the disabled, homeless, juvenile delinquents,drug victims and assistance for the elderly.With regard to State-Owned Enterprises (SOEs) is set to The ActNumber 19 of 2003 on SOEs. In this provision, there are provisionsregarding the involvement of SOEs to participate actively participatein social welfare through programs that can help small businessesand cooperatives. In Article 88 paragraph (1) of state stressed thatthe state corporation can set aside part of its net income guidancefor small business/cooperatives and community development aroundthe state corporation.As a derivering of the provisions of Article 88 paragraph (1) of SOEs,the Minister for State Enterprises issued Regulation No. Per-05/MBU/2007 about SOEs Partnership Program With Small Businessand Environment Program. In Article 1, item 6 and item 7 ofRegulation of the Minister of SOEs is confirmed that the PartnershipProgram with Small Business Enterprises, hereinafter called thePartnership Program is a "program to improve the ability of smallbusinesses in order to become strong and independent through theuse of funds from the profit of SOEs". While the CommunityDevelopment (BL) Program, hereinafter referred to BL Program is “aprogram of social conditions of society by the state through the useof funds from the profit of SOEs". Both programs above SOEsabbreviated as PKBL (Community Development PartnershipProgram). 8
  9. 9. One of the state enterprises, namely Bank BNI for example,applying this PKBL program with the name "SOE PartnershipProgram with Cluster Pattern ‘Kampoeng BNI’ ". The program isheld within the framework of implementation of Law No.19 of 2003regarding the establishment of objectives for SOEs to foster SmallMicro Medium Enterprises (MSMEs) through the Partnership &Community Development that the implementation procedure ofreferring to the PER 05/MBU/2007 with activities among others, BNIis cooperating with 18 universities for the supply of Credit Programand the Partnership as a companion to the SME PartnershipProgram carried out by a non-profit credit but it is a form ofawareness of BNI to help Small and Medium Enterprises (SMEs),but at the same time as the development of SMEs to develop andsubsequently after growing will be driven into a commercialbusiness partner BNI.Related to the social security system, under the provisions of TheAct No. 40 of 2004 on National Social Security System so there areinstitutions such as (1) PT Workers Social Security (Social Security)of Government Regulation No. 36 of 1995 on Stipulation ofAdministering Body Program Labor and Social Security, The Act No.3 of 1992 on Employees Social Security. (2) Savings Fund andEmployees State Insurance (TASPEN) Company (Persero),established by Government Regulation Number 26 in 1981 onTransfer of General Fund Savings and Insurance CompaniesBecome Civil Servants (Persero), The Act Number 11 of 1969 onEmployee Pension and Retirement Widow/Widower Employees, TheAct No. 8 of 1974 on the Principles of Civil Service, as amended byThe Act No. 43 of 1999 and Government Regulation No. 25 of 1981on Social Insurance of Civil Servants; (3) Owned Company(Persero) Social Insurance, Indonesian Armed Forces (ASABRI),established by Government Regulation No. 68 of 1991 on Transferof Public Corporation (Perum) Social Insurance of the Armed Forcesof the Republic of Indonesia became a Limited Liability Company(Persero), (4) Limited Liability Company (Persero), IndonesiasHealth Insurance (ASKES), established by Government RegulationNo. 6 of 1992 on Transfer of Public Corporation (Perum) BhaktiHusada into Limited Liability Company (Persero). 9
  10. 10. Fourth limited liability company upon in accordance with the role and focus of each do good for the health insurance underwriting, public servants, workers and retirees as well as the armed forces for being protected against the problems experienced by potential or experienced which can degrade the quality of social welfare. Of course various companies in the top below the SOEs are still very far from adequate to cover all issues related to social welfare programs for citizens.B. Role of Private (Corporate) Based on the provisions of Article 74 of the Limited Liability Company Act (Act No. 40 of 2007), stated explicitly that the corporate is running its business activities in the field and / or related to the natural resources required to implement social and environmental responsibility, or commonly known as Corporate Social Responsibility (CSR) and the budget should be calculated as the cost of the company. Beyond that manage natural resources for the companys CSR is not mandatory. Nevertheless, the historical roots in various countries is the CSR depart from the companys own consciousness, especially in addition to the motivation of philanthropy, as well as forming the image or branding image of company thus considered to have high social responsibility in the sight of consumers in particular and society in general. It must be admitted that the role of CSR of the company whether it will have a positive impact for society or not, are also highly depends on the orientation and capacity of other institutions, especially government. Various studies have shown, the success of the CSR program has been precisely related to the synergy of cooperation companies, communities, and government. Triangle that role allows the integration of all stakeholders interests or program development. CSR is not uncommon even become a kind of meeting point between the issues of concern to the company, the real interests of local communities, and local government programs within the framework of regional development. For Indonesia, the 10
  11. 11. implementation of CSR requires the support of local government, legal certainty and guarantee of social order.C. Role of Social Institutions Under the provisions of Act No. 11 of 2009 on Social Welfare formulated that each institution that carries out social welfare must register to the ministry or agency in the social sector in accordance with the authority and at the same time both the central and local governments must register the institution that carries out social welfare. Even according to Minister of Social Affairs Regulation No. 108/Huk/2009 of Certification for Professional Social Workers and Social Welfare Workers require not only institutional but related resources for certified social worker and thus have the qualifications and competence to deal with social problems. Simultaneously on the other hand, ensure the public receive quality services from professional social workers and social welfare workers. There is also a test of competence referred to in the provisions concerning the knowledge, skills and values. Social institutions that perform social welfare functions are diverse and still governed by old rules, namely Law No. 8 of 1985 on Social Organization. Social institutions in the form of social organization itself is diverse, there is such a law-based Legal Aid Institute (LBH), based on labor protection, such as Migrant Care, some are based study of social empowerment as IRE Yogyakarta and there are also religious based such that Dhuafa Wallet handle the collection and distribution of zakat, infaq and shodaqoh. 11
  12. 12. CHAPTER III GENERAL ANALYSIS AND GENERAL INSTITUTIONAL IDENTIFICATION In general, as the umbrella of the implementation policy of social welfare contained in The Act Number 11 of 2009 on Social Welfare. In this Act, the focus of government policy is in the implementation of social welfare including social rehabilitation, social security, social empowerment and social protection. However, the dimensions of the implementation of social welfare are so large that collide with the various relevant legislation, such as legislation in the employment sector, health, land, etc. In the other hand, the implementation of social welfare was the fulfillment of human rights in the sector of economy, social and culture (ECOSOC). This is as the consequence of Indonesia whitch had ratified the International Covenant United Nation of Economic Rights, Social and Cultural Rights (Act No. 11 of 2005), Indonesia has an obligation to report to the UN Committee on ESC Rights to deliver related policy programs of the fulfillment of economic, social and cultural (ESC). Including related institution that handling social welfare problem as the instrument for the implementation of the fulfillment of ESC Rights. The following subjects will describe the relation macro framework between the legislation and related institution of social welfare completion. 1. Institutional As has been described previously, the development of the implementation of social welfare undertaken by various actors with the strategy and their each roles on the three stakeholders which are the state (central, regional, ministries and SOEs), private (corporate) and civil society (in the form of community organization). It all based on various independent legislations and impact do not take the Act No. 11 of 2009 on Social Welfare as a guide. The implication, every institutional actor has own programs, targets and each policy that is not always in tune and harmony. However, there are efforts on certain things, such as poverty reduction to create institutions that can make a good coordination, harmonization and synchronization. The Presidential Decree No. 15 of 2010 on Acceleration of Poverty Reduction, became the basic of the establishment The Accceleration 12
  13. 13. of Poverty Reduction National Team Institution. There are fourpurposes of this policy: (1) to eliminate the burden of expendituresof the poor people, (2) to improve the ability and income of thepoor people, (3) to develope and ensure continuity of the Micro andSmall Business, and (4) synergize the policy and poverty reductionprograms. Membership of this team involves various stakeholdersfrom government, society, business world and other stakeholders.The team is lead by the Vice President and involving variousministries including the Minister of Home Affairs, Minister ofFinance, Minister of Education, Minister of Social Affairs, Minister ofCooperatives and Small and Medium enterprises, the head of theCentral Statistics Agency (BPS) and other stakeholders which will bedefined later.In the legal perspective of policy, there are legal implication with itscomplexsity by sector crossing in. For example, one of therequirements to be asessed socially prosperous is if someone has aproper job. In the Act No. 11 of 2009 on Social Welfare there areprovisions which stated that it is need to provide access for jobopportunities and to get a proper job. The availability of proper jobsis related to the policies on the provision of The Act No. 13 of 2003on The Employment which the government has a role to establishlabor policy and expansion of job opportunities by involving thepeople society. To this context, the government has implementingvarious programs for the strengthening of employment rangingfrom facilitating the labor exchange and establishes various trainingcenters (VTCs). Thus, the provision of social welfare legislation (ActNo. 11 of 2009) does not independent, it is a holistic that supportedby relevant legislation.Thus the correlation of social welfare issues with health policy. Forthe poor people should have been guaranteed to get a good healthservice. The provision of good health care insurance provided inThe Act No. 36 of 2009 on Public Health. In fact, in this regulationwas included government budget obligation from the StateExpenditure Budget (APBN) and Regional Expenditure Budget(APBD) at least five percent (for the center) and ten per cent (forthe area) outside the salary to be prioritized for provision of healthcare for poor people (Article 171 of The Act No.36 of 2009).In the subject of social welfare completion, for example in dealingwith the poverty, not just related to the job opportunities and goodhealth, it also related to land ownership access. Hernando De Sotoin “The Mystery of Capital” explained that one of the problems of 13
  14. 14. poverty that need to be addressed is access to the status of landownership so that land can be used as productive capital assets. Tothat said context then there are close relation between povertycompletion with the provisions of The Act No. 5 of 1960 on BasicRegulation of Agrarian Affairs. In the provisions it is set about rightsof land that has a social function and the ownership and landtenure exceed the limit are not allowed. Generally, poverty ofaccess to land ownership status is also offset by excessive landtenure practices that encourage the policy of land redistribution(land reform). Legally, there is Act Number 56 PRP of 1960 onEstablishment of Agriculture Land, there is confirmation of landownership restrictions agriculture, but in practice, this provisionoften can not be enforced for political influence.Social ministries in the implementation of social welfare policy,should be placed as a coordinator and policy-related copingstrategies of social welfare policies. However, as previouslydescribed, in practice was not so. Each of the ministries, stateenterprises, private and non-governmental organizations hasseparate programs and goals are often not coordinated with socialministry.In the above context, socially politically, there are sectoralinstitutional ego that often must be explored solutions. SocialMinistry should be empowered to take a role in coordination,synchronization and integration of movement strengthening theimplementation of social welfare. This is supported also by the mapof social welfare issues (POM) as a data base that will formulatepolicies accordingly. In addition, with the already rising of PublicDisclosure Act Number 14 of 2008 on Transparency and Access toInformation is an important thing to be done by all agenciesparticipating and organizing social welfare so that guaranteed itspublic accountability.Although for the activities of community organizations, socialministry has a significant role because those are under theprovisions of The Act No. 11 of 2009 on Social Welfare, communityorganizations who want to carry out social welfare have anobligation to register on the ministry or agency in the social sphereaccording its authority. Community organization in question musthave a license, accredited and responsible to the Minister of SocialAffairs, the Governor, and Regent / Mayor in accordance authority.Related to this question, published various regulations such as theJoint Decree of the Minister of Home Affairs and Minister of Social 14
  15. 15. Affairs No. 78 of 1993 and No. 39/HUK/1993 on Development of Social Organizations/Non-Governmental Organization. In this provision stated that the coaching community social organization meant to develop and utilize the role of nongovernmental organizations or social organizations. The coach of social organization or NGO is the Minister of Home Affairs and Minister of Social Affairs. There is a duty of coordination and communication among non-governmental organizations or social organizations with the Minister of Home Affairs and Minister of Social Affairs. Thus, there is Decision of Ministry of Social Affairs No. 40/HUK/KEP/X/1980. On the social organization in this provision there is the arrangement of such organizations should have the Deed and the Deed of Establishment of the following statutes/bylaws, working capital. There is coaching from the social ministries, can be a deliberation, education and training and providing financial aid. There is oversight in steps of starting Minister of Social Affairs to the Governor, Regent / Mayor. In addition there are restrictions that must be observed such as the ban received foreign aid without an appropriate manner with legislation. If community organizations violating this provision may be penalized until the dissolution of the organization. There are some critical things that need to be observed from the above social ministers decision. First, rising above social ministers decision was in 1980 in which the potentially authoritarian regime so that there are opportunities in the provisions on self-reliance and independence of social organizations or non-governmental organizations of government intervention. Second, in terms of substance, the material should be technical ministerial decision of legislation, not to include sanctions. Sanctions should be stipulated in the Act or Regional Regulation. Related certifications for social workers who carry out the implementation of social welfare, the Ministry of Social Affairs has issued Regulation No. 108/Huk/2009 on the Certification for Professional Social Workers and Social Welfare Workers.2. Procedure As already mentioned in previous description that each of the ministries, state enterprises, private and non-governmental organizations has programs and activities related to the implementation of social welfare. Ideally, The Ministry of Social Affairs constitute the main lines and coordinator related social 15
  16. 16. welfare policy. But in practice is different there are variousprograms concerning the implementation of social welfare whichhave executed without coordination with The Ministry of SocialAffairs. Thus, in the future it is need to have legislation, ideally TheMinistry of Social Affairs in valve in the revision of social welfarelegislation, particularly as the competent agency to present therelated map issues of social welfare.In practice, both at central and regional levels, often the shoulderstrep of social welfare issues (PMKS) are not getting theempowerment of a balanced across regions and within regions withthe government and the private sector for example. Many casesthat a diverse community of people possible to help overcomepoverty. Meanwhile, in other communities who also need assistanceeven cannot lack of adequate assistance.For non-government organizations who want to make theimplementation of social welfare it must first have a license,accreditation and completeness as an institution (deed ofestablishment, working capital and so on). Ministry of Social Affairsbased on Social Welfare Act No. 11 of 2009, it can impose sanctionsto the social organization that violates the relevant provisions, suchas licensing.By legislation, regulation relating to the process of theestablishment of an act (national regulation) and local regulations(perda) shall start from the provisions of Article 20, Article 20 A,Article 22 A, Article 22 D of The 1945 Constitution of The Republicof Indonesia, The Act Number 27 of 2009 on the PeoplesConsultative Assembly (MPR), House of Representatives (DPR),Regional Representatives Council (DPD) and The House of LocalRepresentatives (DPRD), The Act No. 10 of 2004 on Establishmentof Legislation and Standing Orders of the House Representative.Standing Orders DPD and the Discipline of Parliament in variousregions.Related to the implementation of social welfare policy itselfultimately comes down to the legislative process to set out inlegislation. Legislative process can be shared national and regional.Nationally, a process of filing a bill may come from the Presidentand the Parliament or the Regional Representatives Council. If thePresident, then a bill submitted to parliament and then conducted aplenary session to deliver the bill referred to the submission of themandate of the president (ampres) by the President in plenary 16
  17. 17. session. Then later addressed by members of Parliament.Conversely, if the bill is an initiative of the House it will besubmitted to the President for later in the plenary session, theHouse will deliver an introduction to the draft of law referred to,which was attended by the president. Similarly, the same thingwhen asked by DPD. Before in the process of filing the bill, at thebeginning of the trial, should be prepared in advance of nationallegislation program (Prolegnas) where the president and theparliament held a meeting to discuss what bills to be proposed anddiscussed in five years and per year. Then arrange the sequence sothat the discussion will be easy. In Parliament institutions, thediscussion of a bill is divided into two phases namely the discussionof level I and level II discussion. At the level I was divided from thebeginning of the discussion related to the views of both the Housebill, the President or the Council and also formed Entry ListProblems (DIM) and discussed, can be in the form of appointedCommission, the Special Committee and so forth. At level II, thediscussion is to discuss the results at the level I for approval or notin the session of the House of Representatives to become law.Agreement made with the House and the President.In the local legislation, a draft of local regulations may be submittedby the regional heads and parliaments. The process is similar to thecenter, there is delivery of the draft regulations by the regionalheads in plenary session (if the proposal of the regional head) anddelivering draft regulations by the Parliament in plenary sessionwhich was attended by regional heads. Then conducted adiscussion that can be formed working committee or specialcommittee to conduct various forums such as a hearing, both withlocal governments, public or stakeholders. Agreement localregulations must be made together between the regional head andthe local chief parliament. In addition, as also at the center, theregion must first develop local legislation program (proglegda)within five years and one year as a benchmark in terms of any draftwhich will be discussed during the period.In the legislative process which has two characters namely thepolitical process as well as the legal process then certainly thenegotiations and the various conflicts of interest is the dynamics.Thus, the public interest is often not enough left to MPs but civilsociety itself should also oversee and advocate for the said policy.At the center is now under discussion on the draft law organizingsocial security agency (bill BPJS) as the implementation of the 17
  18. 18. mandate of the National Social Security System Law (Bill SJSN). Inthe discussion of the bill are crucial issues related BPJS fusion planwhich organizes social security SOEs as far as PT. Askes, PT.ASABRI, PT. Taspen and PT. Jamsostek. The plan will lead to thedynamics of fusion associated with the capital so far, claims orinterests of third parties, transparency, efficiency andaccountability. In the the center also discussed the bill that wouldregulate the institutional of Poor Indigent handling of poverty,strategies and policies as well as central and local responsibility. Inaddition, at the same time also discussed the Bill ZakatManagement, Infaq and shodaqoh who oversee the implementationof Islamic participation in rolling the funds for poverty and socialproblems.In the areas, there are many areas that already have regulationsrelated to social problems, such as in Semarang there areregulations about the handling of poverty. In Bogor there areregional regulations regarding with the shoulderstrep of the Peoplewith Social Problems. In Makassar also there is regulation onPoverty. In the various regional regulations defined set ofinstitutional governance as coordinator function, and policy generallabor and social services (DISNAKERSOS), how the policies set forthin the mechanisms of social assistance, facilities, funding related topublic participation.In the implementation, effectiveness of legislation related to socialwelfare in the context of national and regional relationships oftenface various obstacles. First, coordination and insufficientcommunication between central and local government agencies aswell as the absence of such a center of information (informationcenter) to find out the problems of social welfare in local area.Second, the issue of inadequate budgetary policies so that lesssupport basic infrastructure such as lack of training centers,rehabilitation centers and social institutions. Third, urban and ruraldevelopment gap, giving rise to high urbanization and citygovernment makes it difficult to do comprehensive settlement.Fourth, the issue of organizational structure. In various regions,social services coupled with local labor, but that despite theirrelevance and focus of different specifications so that social servicesshould be institutionalized by strengthening self-sufficient humanresources, especially regarding the social worker. 18

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