Decentralization Law Research Articles

Impact of fiscal decentralization and ethnic diversity on health outcome: an empirical evidence from Indonesia

ABSTRACT The objective of this paper is to identify a causality between decentralization and health outcomes in Indonesia. In doing so, this paper employs Indonesian provincial-level data from 2001 to 2018 and applies a GMM HAC model to deal with potential endogeneity within the estimation. The result concludes that fiscal decentralization is associated with advancing regional health outcomes. The local government initiated the customized local health programme authorized by decentralization law can improve regional health outcomes. The result also suggests that ethnic diversity discourages regional health outcomes. Lower trust and lower society’s participation rate in a more ethnically diverse region may reduce health outcomes in a more diverse society.

The departmental council, a key player in prevention in the region

The decentralization laws of 1982, known as the Defferre law, created the local civil service, giving local authorities powers in areas such as social action and healthcare. The department of Seine-Saint-Denis is a mixed territory with worrying health and social characteristics. To meet these challenges, the Seine-Saint-Denis departmental council has adopted a strong prevention policy. As part of multi-disciplinary teams, state-qualified nurses play a central role in implementing these various preventive missions.

Impact of Decentralization on Restructuring Nepal

This article discusses how decentralization laws have affected the implementation of federalism in Nepal, as well as when and how it started. Federalism and decentralization are different issues but the practice of decentralization in Nepal in different periods that has affected the existing governance system. Politics and state forms have also been influenced by modern and post-modern thought. This research focuses on the impact of decentralization laws on federalism. The study uses only secondary data to examine what old decentralization practices we reemployed during state restructuring in Nepal. Since ancient times, Nepal has been ruled by a unitary system. Nepal's institutionalized decentralization history is not long. Before Nepal's unification, there were various minor states. At that time, it was necessary to increase the state size based on power. Nepal does not have a long history of legal rule though decentralization has been used throughout history. Some of the effects of the old laws are reflected in the updated laws. This study examines how decentralization affects federalism throughout different historical periods. It reveals how old decentralization laws influenced federalism. Using descriptive and analytical methods, the study came to its conclusion.

Assessment of the Role of Decentralization Councils in Sustainable Urban Development in Jordanian Cities

Decentralization has become one of the most significant issues in urban planning. In Jordan, the decentralization law was established in 2015 and implemented in 2017. However, various reports indicated that the role of the decentralization councils in sustainable urban development in Jordan is still unclear. This study aimed to investigate the role of decentralization councils in sustainable urban development in Jordanian cities by examining and exploring the development of open spaces and projects in three cities (Al-Mafraq, Al-Zarqa, and Al-Karak) after establishing the decentralization councils. A mixed-methods approach was followed, both qualitative and quantitative. The qualitative data was collected through a literature review and semi-structured interviews with experts, chairpersons, and members of decentralization councils for each city and analyzed by content analysis. The quantitative data were collected by a questionnaire distributed to 200 citizens in each of the three cities and official records obtained from the decentralization councils. They were then analyzed statistically. The study results indicated that the role of the decentralization councils for sustainable urban development in Jordan is low, with minimal contribution to developing open spaces and projects. Additionally, this research found that the barriers to the role of the decentralization councils were related to various factors, including defects in the law itself, a lack of support from the government, and the council members’ lack of knowledge of sustainable urban development. Various recommendations were provided, such as modifying the decentralization law and its implementation to be more efficient in sustainable urban planning and increasing the budget for developing public spaces and projects in all Jordanian cities. Finally, the author calls for further research regarding the role of decentralization councils in developing urban areas in and out of Jordan.

The Dutch Indies Colonial Government System In Onderafdeling Bonthain 1905-1942

This study aims to determine (i) the transition process from the traditional government system to the colonial government system. (ii) the colonial government administration system, (iii) the influence of the colonial government system on politics and economic activity in Onder Afdeling Bonthain 1905-1942. This study uses a qualitative approach that focuses on historical methods, through the stages of: heuristics, criticism, interpretation, and historiography to find and describe and interpret using data collection techniques through literature and archival reviews. The results of this study indicate that (i) there has been a transition from the traditional government system where the basics of implementing traditional government/kakaraengang are based on customs and royal law. Besides that, With the arrival of the Dutch Colonial, Ada' Sampulo Ruwa officially became Adatregentschapraad as a financial management institution for the local government. (ii) the administrative system developed by the colonial government was fully aimed at supporting the growing paternalistic pattern which had inspired the bureaucratic system in the empire era which was based on the 1922 decentralization law. (iii) the influence of the colonial government system on politics and economic activity in Onderafdeling Bonthain resulted in a process of structural transformation from traditional political and economic structures towards colonial and modern political and economic structures.

Current status of legal regulations on management decentralisation of economic in Vietnam

The article introduces an overview of the legal system on decentralisation of economic management in Vietnam. After analysing the limitations in the current decentralisation legal system and surveying some countries that have enacted decentralisation laws, the author proposed some suggestions to contribute to the improvement of the legal system on decentralisation of economic management in Vietnam.

Gubernur Jenderal Hindia-Belanda dan Kebijakannya pada Tahun 1900-1945 serta Kondisi Sosial, Budaya dan Ekonomi

The Dutch East Indies government itself is an extension of the Dutch kingdom. In moving the government every day the Governor General is Followed by an Institution Named the Algemeene Secretariat, a special institution in the governorate, specifically dealing with correspondence policies that will be issued by the Dutch East Indies government. Colonial administration is dualistic, it means that there are two layers, the background of the emergence of this dualistic government is actually still related to the implementation of the culture which in this practice really requires cooperation with local aristocrats, another goal of implementing this dualistic system as the main tool in maintaining conditions colonialism, especially regarding the interests of the mother country in this colonized land. Under the authority of the governor general of the Dutch East Indies at that time, there was an assumption that all existing affairs and problems could be handled properly if decentralization was implemented. Decentralization itself is a consequence of the Ethical Policy which was heavily campaigned at the end of the 20th century. The implementation of this decentralization eventually led to the formation of regional councils. One of the forms of the decentralization law was the formation of the People's Council or Volksraad on May 18, 1918, to be precise during the governor general van Limburg Styrum.

Administrative guardianship and its applications in Jordanian law: An analytical study of the Decentralization Law No. 49 of 2015: الوصاية الإدارية وتطبيقاتها في القانون الأردني: دراسة تحليلية بقانون اللامركزية رقم 49 لسنة 2015

This study aimed to reveal the nature of administrative guardianship over decentralized bodies and their applications in Jordanian law through the analysis of the Decentralization Law No. (49) of 2015. The inductive approach was also used for legislative texts related to the issue of administrative guardianship, and accordingly the current study reviewed the legal nature of administrative guardianship in Jordanian law and its most prominent applications on decentralization councils, by analyzing the legal texts included in the Decentralization Law No. 16 of 2015. Results showed that guardianship The administrative law in the Jordanian law extends to include the same council and its members, while the decentralization law of 2015 did not include any guardianship over the work of the provincial councils and the reason for this is that the nature of the work carried out by that council is executive work, and therefore such works do not need the approval of the central authority, so it was not The 2015 Decentralization Law includes any provincial council decisions that need to be approved by the guardianship authority.

The Politics of Indonesias Decentralization Law Based on Regional Competency

Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.

Can decentralization lower poverty? Cambodia’s Commune and Sangkat Fund

• Decentralizing expenditures can lower poverty. • Using three separate data sets we find Cambodia’s Commune and Sangkat Fund (CSF) program significantly lowered poverty. • Investment spending based on local information and local representation of preferences was key to the program’s impact. • At just 3% of the national budget, the CSF funds were used to created local infrastructural capital stock. • The results support Oates’ iconic decentralization theorem in a Cambodian context. We study a policy, mandated by Cambodia’s decentralization laws, that provides central funding to the lowest tier of subnational administration, the 2002 Commune Sangkat Fund (or CSF). A large interdisciplinary literature points to the difficult path from decentralization to poverty reduction. For example, fiscal capacity - the ability to raise taxes locally – is deemed necessary for local public goods to be reliably provided. But in poor countries local fiscal capacity simply cannot be built unless there is an income base to tax, which, in turn, requires poverty to be eradicated. Using three separate data sets we find three distinct pieces of evidence about the program’s impact. First, the program reduced poverty at the initial as well as subsequent stages. Second, we find evidence that investment into rural infrastructure can be pro-poor. Third, the program, which amounted to a mere 3% of the national budget, created substantial capital stock over the years in communes and villages and delivered large returns measured in poverty reduction. A message from this study is that when the choice and design of projects are informed by local knowledge and local representation, investment can reduce poverty.

Revitalization and Branding of Rural Communities in Cameroon Using a Circular Approach for Sustainable Development—A Proposal for the Batibo Municipality

Rural communities in Cameroon have high levels of poverty, poor living conditions and lagging sustainable development. Lack of economic, social and physical infrastructure opportunities make these communities unsustainable and impact the quality of life for residents. Existing conditions render these areas unattractive for visitors and external and local investors. Initiatives to reduce poverty and improve living standards have had limited impact to reducing poverty or improving quality of life. The recent signing of Cameroon’s decentralization law, giving authority for planning and investments to local council governments now provides an opportunity to rethink existing strategies. Using Batibo, a representative community in the north western region of Cameroon, this paper examines the status of development initiatives and identifies new priorities for planning and steps to improve economic status. Guided by the Theory of Ecological Design and Five Pillars of Economic Development, and using a circular city approach, this paper outlines a concept for town planning and architectural flagship projects that can project the image, culture and heritage of the community and strategies for improving markets. With decentralized governance and re-envisioned priorities, Batibo has an opportunity to become a prototype for sustainable development and model of a quality future in rural Cameroon.

Bureaucrat-Local Politician Linkages and Hierarchical Local Governance in Emerging Democracies: A Case Study of Tunisia

Despite implementing comprehensive decentralization laws, emerging democracies often achieve limited success in improving the inclusiveness of local governance. A potential factor limiting the inclusiveness is the lack of cooperation. What factors determine the inclination of mayors to cooperate, and what are their implications for transparency? I answer these questions through conductinga case study of Tunisia, where mass resignations paralyze the local governance following the implementation of the Code of Local Collectivesin 2018. I evaluate the mechanisms that produce divergent inclinations to cooperate based on a set of interview data recently collected among 39 municipalities in socio-economically divergent regionswithmayors, city council members, civil society members, and a governor. I examine their implications for transparency based on a Transparency Index developed by an independent organization for all 350 municipalities. The findings from interviews suggest that partisanship ties constitute the most substantive factor perpetuating hierarchical relations among the elected officials and the appointed bureaucrats, as they can enable mayors to focus on large scale projects at the expense of cooperative modes of governance. A mixed effect analysis on the Transparency Index of municipalities within governorates with identified partisanship ties (n=174) indicates that the transparency score is lower in instances where the mayors andthegovernorsbelong to the same ideological family.

Designing Decentralization in Jordan: Locating the Policy among the Politics

Abstract Jordan introduced legislation in 2015 to initiate a process of decentralization. Both the decision to decentralize as well as the form of decentralization that Jordan ultimately pursued have thus far been explained as regime efforts to reinforce its position and that of its clientelist base. While acknowledging that Jordan’s decision to decentralize was driven by broader political dynamics (including patron-clientelism), the article questions the extent to which these dynamics can account for the actual design of Jordan’s decentralization reforms. Through a detailed examination of the process through which the 2015 Decentralization Law was passed, the article argues that the Law was not only a result of patron-client politics, but also the product of a complex policy process. Drawing on this close-range investigation of the policy process leading to the Law, the article outlines some of the key parameters within which Jordanian policy is made, thereby contributing to the burgeoning literature that calls for policy to be brought into the study of authoritarian regimes.

Decentralization Process in Portugal: impact in the health care system

Abstract Problem Different countries have incorporated models of decentralization in their health reforms to achieve efficiency, by increasing the training of local governments, responsibility and gains in areas such as quality, costs and equity. In Portugal, the 21st government program established the autonomy of local authorities and the democratic decentralization of public administration. Accordingly, a decentralization law was approved and local governments have now a crucial role on health policies. Description of the Problem For this framework, a situational diagnosis and an intersectoral approach to policies are needed. This is an observational, analytical and cross-sectional study developed at council level in two Portuguese municipalities. This study aims to: Adjust responses to health needs at the local level; Set priorities by taking into account installed capacity and responses to populations; Promote the articulation between entities; Strengthen the focus on health promotion and healthy lifestyles; Strengthen health interventions in educational communities; Promote the creation of programs at local level, in conjunction with the national level, to reduce inequalities. Results The preliminary results in health, social and economic indicators show that this framework, while taking in consideration population characteristics, allows the development of local strategies regarding health services coverage, health services type and medication. At council level, the preliminary results also show a lack of data on healthy lifestyles and social indicators. Lessons The implementation of a decentralization process involves a broad range of requirements such as a situational diagnosis, strategies development and a periodic update of quality life and health indicators. Those are needed to assess council level priorities, which allow the development of public policies and interventions, in line with population characteristics, to tackle health inequalities and inequities. Key messages Performance improvement of health system is linked to the implementation of local citizen centred policies. These are actions which promote quality of life through health-friendly ecosystems. The local health intervention has contributed to promote inequalities reduction, increasing equity and dynamize new frameworks of organization with individual and community participation.

Fiscal decentralization in Jordan

This paper aims to measure the degree of fiscal decentralization in Jordan by estimating the indicators used by the World Bank and the International Monetary Fund. These are the share of local units in public revenues, the share of public spending, and the share of compensation for workers in local units from the total compensation of workers in the public sector. The study uses set of data about public revenues and expenditures of the central government, independent government units, as well as the municipalities’ budgets figures. These data are for the period 2016-2018 and published electronically by the Ministry of Finance and the Ministry of Local Administration in Jordan. The study revealed progress in the field of political and administrative decentralization represented in the establishment of elected councils at the national, regional, and municipal levels and the transfer of a number of powers from central authorities to regional or local bodies. The issuance of a new decentralization law and the amendment of the Municipalities Law in 2015. The results showed that the degree of fiscal decentralization is very low in Jordan, especially when compared to other countries that had implemented decentralization reforms.

DECENTRALISATIE WET VAN NEDERLAND INDIES 1903

AbstractAt the end of the 19th century there was a change in the system of government in the Dutch East Indies, before a central system was implemented in which all activities were regulated by the central government in Batavia. Then this becomes increasingly complex when various affairs in the region must become central business. The change in the system of government in the Indies was then noticed by various figures in the Dutch parliament and government officials in the Dutch East Indies. This change in the system of government was also an effort to improve the standard of living in the Indies which was considered no longer a wingewest area. then in 1901 through his speech Ratu Wilhelmina conveyed that there must be a change in the system of government in the Indies. Then in 1903 a decentralization law was issued as the basis for regional autonomy in the Dutch EastIndies. Keywords: Decentralization, Dutch East Indies, City

THE EFFECTIVENESS OF INFRASTRUCTURE DEVELOPMENT FOR WASTEWATER SERVICE IN DECENTRALIZED INDONESIA: CASE OF BANDUNG MUNICIPALITY

This paper discusses the effectiveness of infrastructure development for wastewater service in decentralized Indonesia, particularly in Bandung municipality as one of the biggest cities in the country where sanitation problems persist. Although wastewater service coverage in Bandung municipality shows a gradual improvement from 2010 to 2016, the research identifies the ineffectiveness of wastewater infrastructure development. Qualitative analyses revealed that the wastewater infrastructure development in Bandung municipality funds came from two different sources (local budget and internal donor support). We would argue that in the case of wastewater infrastructure development, the same amount of money shares different processes and results. Compared to AusAID water and sanitation program, in term of value of money, the one designed and managed by the Municipality Water Supply Agency (PDAMs) is less effective. It is concluded the newly developed decentralization laws in Indonesia could not ensure the effectiveness of public service delivery due to the absence of sound governance at local level.

Impacts of the new Decentralization Law 23/2014 to the implementation of Community Based Forest Management in Lampung Province, Indonesia

Establishment of Law 23/2014 on Local Government has shifted authority of forest resources management from district to province level, including community empowerment programs in Lampung Province such as Village Forest (Hutan Desa), Community Forest (Hutan Kemasyarakatan or HKm). This study focused on HKm because it is the largest CBFM program in Lampung Province. As a result of Law 23/2014, 16 PAK (working area designation) in 4 districts (16,961 Ha) of HKm candidates were canceled, because they cannot be extended. Under these conditions it is necessary to make a study to determine the impact and strategy of local government in dealing with Law 23/2014. The study was conducted on March-April 2016 using a qualitative approach. The selection of respondents uses purposive sampling method followed by a descriptive analysis. This research finds that local governments tend to wait until there are specific regulations set on HKm in accordance with Law 23/2014. However, it can be concluded that (1) Ministry should immediately publish the Ministry Regulation on HKm, (2) Provincial and district governments should immediately coordinate transfers of personnel, funding, facilities, and documents.

Decentralization and health resources transfer to local governments in Burkina Faso: A SWOT analysis among health care decision makers.

Background and AimsIn line with the decentralization policy, in 2009, the central government of Burkina Faso issued a decree to transfer health resources to local governments for fulfilling their new responsibilities in health care provision. The first stage of this health care decentralization process involved the basic health care facilities, composed of primary health care facilities, maternities, dispensaries, maternal and child health centers, and essential drugs depots.This study seeks to explore the strengths, weaknesses, opportunities, and threats (SWOT) associated with the health resources transfer in Burkina Faso, from the perspective of decision makers.MethodsWe used a qualitative research approach. We conducted 17 semistructured interviews with 17 representatives of key decision‐making groups, in August to December 2017 in Burkina Faso. The participants included mayors of municipalities, health district managers, policy decision makers, and donors/partners. The data collected were subjected to a directed qualitative content analysis, and the SWOT framework was used to select themes and codes for the analysis.ResultsThe most cited strength was the improvement of local governance, which also creates the opportunity for an enhanced partnership and decentralized cooperation. As expected, however, the limited financial capacity of local governments is an important weakness. Furthermore, misuse of financial resources threatens the resources transfer. Recommendations to improve decentralization and health resources transfer included effective enforcement of decentralization's laws and policies, strengthening local governments' capacities, adequate funding, and evaluation of the resources transfer process.ConclusionsAn analysis of the preconditions for a successful resources transfer is needed to provide guidance to policy.

Do Female Local Councilors Improve Women’s Representation?

ABSTRACTTunisia’s 2018 municipal elections, in which a legislated quota was implemented and women won 47 percent of seats, raises questions about whether electing female councilors improves women’s representation in clientelistic settings. Using data from the Local Governance Performance Index (LGPI), an original survey of 3,600 Tunisians conducted in 2015 by the Program on Governance and Local Development (GLD), this article investigates the relationship between local councilors’ gender and women’s access to help with personal or community issues. Three findings emerge. First, male citizens are thirteen percentage points more likely than female citizens to know a local councilor and six percentage points more likely to have contacted a councilor for help. This offers evidence of greater network homosociality for club goods than personal requests. Second, citizens of both genders are twice as likely to contact a councilor of the same gender when asking for help with community problems. Finally, electing females increases women’s access to councilors, due to network homosociality—that is, denser personal networks with others of the same gender—but has a limited impact on men’s access because female councilors have more heterosocial networks. By showing that electing and appointing women improves service and allocation responsiveness to females, the results call attention to the need to address gender equity issues when drafting electoral laws and implementing decentralization laws.