Local Chief Executive Political Accountability In Indonesia: A Historical-Legal Analysis

Abstract

This paper discusses the local chief executive’s (LCE) political accountability in the Local Government Acts (LGAs). Using historical and theoretical approaches, this article examines the influence of the political interests of the regimes on the changes of provisions on LCE’s political accountability in the LGAs from 1945 to date. The LCE was accountable to the local council (DPRD) from 1945-1958 and 1999-2004; and to the central government from 1959-1998. While since 2004, the LCEs are only had to report -but not be accountable- to the Central Government, local council and the local community. Two important academic questions arise when dealing with this phenomenon. First, to what extent are the political interests of the democratic and authoritarian regimes shaped the changes of provisions on LCE political accountability in the LGAs? Second, how do the provisions conform to the accountability principles? This study’s result shows that the rulers’ political orientation shaped the LCEs’ political accountability system and ignored the principles of accountability, leading to the inconsistent institutional design of LCE accountability. Furthermore, the LGA has yet to regulate the electoral/political accountability of LCEs, which should be a consequenceof adopting the LCE direct election. We recommend precise arrangements on the accountability principle in the Constitution to avoid the politicization of laws by legislators according to their political interests and improve the role of Citizens through a recall petition to strengthen the enforcement mechanisms.