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Secured by the law, civil servants have 'the courtesy' to be lazy

Source
Jakarta Post - July 18, 2011

Bagus BT Saragih, Jakarta – It is common knowledge that poor performance has been the major hindrance of government administration in Indonesia.

Civil servants, particularly those at regional levels or small offices, busy playing computer games or chatting with each other, have angered citizens who queue to wait for their services. Arriving late and going home early is also an everyday regularity.

The government has vowed reform since the fall of the Soeharto regime, during which civil servants were seen as another tool of authoritarian power.

Change, however, seems to be difficult than simply bringing down a dictator. More than a decade after the plug was pulled on the Soeharto era, civil servants are still the navel of inefficiency that has constrained and handicapped the country's progress.

University of Indonesia public policy observer Andrinof A. Chaniago said the country's bureaucratic culture is the first factor to blame for the poor work ethic of many civil servants throughout the country.

"The reform agenda must start from the recruitment system," he told The Jakarta Post on Saturday. "It is because the 'unreformed' system makes them feel secure in their jobs and disregard performance," Andrinof said.

Administrative Reforms Minister E.E. Mangindaan recently announced that at least 88 state bodies are under evaluation regarding poor performance, potentially causing Rp 14.9 trillion (US$1.74 billion) in 2010 in state losses, because most of the funds were allocated to pay salaries.

Among the institutions cited are the Indonesian Sugar Council and the National Aeronautics and Space Council.

A woman working for the Indonesia Sugar Council, whom the Post met at her office during work hours on Thursday may be a good example. She played down the plan that the council would be merged with the Agriculture Ministry because most of its functions were on the list of the ministry's jobs.

"Why should I worry? If I were a private worker, maybe I should – but I am a civil servant," the woman said while eating her meal at her desk.

Dismissal of civil servants before retirement only occurs under extraordinary circumstances. No Indonesian law or regulation cites any possibility of dismissing a civil servant deemed to be performing poorly or having failed to meet minimal competency standards.

The 1999 State Employment Law stipulates that a civil servant who is charged with a criminal offense carrying punishment of more than four years in jail, or is absent for six months without explanation, can be dishonorably dismissed.

The law also says that a civil servant can be honorably dismissed if he or she has a physical or mental problem, or due to "restructuring of state bodies".

The law refers to the obsolete 1979 Government Regulation on Dismissal of Civil Servant, which has actually been revised in 2008, but only on the articles about pension age, for elaboration to those points.

According to the regulation, if a reorganization of state bodies leads to a budget windfall for civil servants in a certain unit, the government moves to reallocate excess to other units.

If such movement is not possible, indulgent civil servants can be honorably dismissed while reserving rights to pension payments. In most cases, however, civil servants living in blatant excess are almost never dismissed, Andrinof said.

Based on that precedent, the closure and merger of low-performing, non-structural bodies may not significantly save many state funds, as most members and staffers of such bodies are civil servants who will very likely be moved to other state work units. Andrinof said he could understand if terminations would not significantly cut state expenditures.

Andrinof approved Mangindaan's decision and suggested that the move be followed with reforming other aspects of the bureaucracy reform agenda.

Andrinof also said a plan to temporarily stop civil servant recruitment recently announced by Finance Minister Agus Martowardojo would not necessarily lead to better and more effective governance.

"A moratorium on civil servant recruitment is OK, but it must be followed by reforming the recruitment system," he said, citing that even today, many still rely on connections and bribes to be hired as civil servants.

Golkar Party lawmaker Chairuman Harahap said the House fully supported the government's bureaucratic reform efforts. He also shared Andrinof's opinion, saying that "restructuring state organizations must not be done partially".

Ganjar Pranowo of the Indonesian Democratic Party of Struggle (PDI-P) said that stopping civil servant requirements should exclude the education sector. "It is fact that many schools are still lacking teachers."

Government bodies

Four nonstructural bodies to be closed

1. Interdepartmental Committee in the Forestry Sector
2. National Book Council
3. National Regulatory and Management Body for Housing and Settlement
4. Coordination and Management Body for Improving the Social Welfare of Disabled People

Six nonstructural bodies to be merged with other bodies:

1. National Committee for the Elimination of the Worst Form of Hazardous Work among Children
2. National Law Commission
3. Indonesia Sugar Council
4. Integrated Economy Regions Development Board
5. National Aeronautics and Space Council
6. Indonesia Development Council of the Eastern Region

Other nonstructural bodies:

1. The National Commission for Elderly People
2. Poverty Eradication Committee
3. Regional Autonomy Advisory Council
4. Food Security Council
5. National Research Council
6. Indonesia Maritime Council
7. Kemayoran Area Management Board
8. National Film Advisory Board
9. National Committee for Measurement Units
10. Strategic Industry Development Council

[Source: Administrative Reforms Ministry, The Jakarta Post.]

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