1. Policy Brief
INSTITUTION OF THE SOCIAL WELFARE ORGANIZATION
IN INDONESIA
CHAPTER 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
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2. of 1997 on Elderly Welfare, The Act Number 3 of 1997 on Court
Child, The Act Number 5 of 1997 on Psychotropic, The Act
Number 22 of 1997 on Narcotic, The Act Number 39 of 1999 on
Human Right, The Act Number 11 of 2005 on Ratification of The
International 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 undirectly
regulation by sector which deriving form or implementation of the
determination of The 1945 Constitution of The Republic of
Indonesia the above mentioned, but have a strong connections
and relevances such as The Act Number 19 of 2003 on State-
Owned Enterprises (SOEs) and The Act Number 40 of 2007 on
Limited Company. Both of this act regulated the role of the
corporation to take responsibility in developing social welfare in
the form of Corporate Social Responsibility (CSR) program, as
awareness program of the corporate as well as state or private
corporation to execute the strengthening any effects expedient or
social assistance in the environment of the location of the said
corporate.
The development of social welfare itself not only government
policy but also depending to human rights. Because in the case of
the poverty, for example : The National Strategy to Eliminating the
Poverties document, stated that : “The poverty not have been
only agreed as economic in capasity, but also have failed to fullfill
fundamental right and the difference of the treatment for
someone or a group of peoples, mens and women in his live as a
human dignity. It is seem clearly that the approach of the
fundamental rights being the main pillar in this case.
Teoritically, many states have took the action to develop social
welfare by formulating the development program accordingly as a
part of the economic development. There are comprehension that
economic development and the social welfare development as the
form of the sinergic. To promote the security of the social welfare
at once the determination and correction to the market
mechanism which often become the foundation of the economic
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3. development. Thus, there are needy which cannot be avoided to
develop integration between economic development at once social
welfare development. Some problems in the aims social welfare in
many countries have been recognized internationally. Millenium
Development Goals (MDGs) as one of the form initiative of the
international communities to eliminate the above mentions
problem. In this case Millenium Development Goals (MDGs) as the
guidance for development in many countries. The aims of the said
Millenium Development Goals (MDGs) containing the commitment
of the international communities to develop of its vision of the
development 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; and
8. To growth the global partnership for development.
In Indonesia, policy of the social welfare development as the
primary government obligation under coordinating of the Social
Minister. The mapping of the institution, organization which
dealing with the social welfare development polities variously and
complex. Almost every ministry have the programs of social
welfare, for example : The Ministry of National Education, The
Ministry of Cooperation, Micro, Small and Middle Entrepreneurship
haves the same programs of empowering capasity of the small
business or poorness peoples, etc. Not only government minister
have that’s program, but State-Owned Enterprises (SOEs), also
have the same program to empowering the social welfare which
was 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 Social
Security System (Sisjamsosnas), for example : The Limited
Corporation of The Social Security for the Workers (PT.
Jamsostek), The Limited Corporation of Savings Insurance for the
Pension (PT. Taspen), The Limited Corporation of the Insurance
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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;
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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 on
17. The Act Number 11 of 2009 on Social Welfare;
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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
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7. stimulant to the community, coordinating the implementation of
social welfare programs to the licensing and supervision of the
collection of donations and delivery of social assistance within their
authority.
Government in the conduct of social welfare administration built
through various strategies, for example in cases of poverty, in the
form of three clusters in the first cluster includes assistance
programs and social protection. The program of this cluster of basic
services for the distribution of subsidized rice (raskin), health
insurance (Jamkesmas), social empowerment of the family, poor,
indigenous communities, other social welfare issues, social
assistance to vulnerable people, victims of natural disasters and
social assistance cash to households is very poor. The second cluster
is the empowerment of communities through the National
Independent 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 and
Fishermen (P4K), Empowerment Economical Coastal Community
(PEMP) and others. In this cluster provided assistance such as
providing the "hook", not the fish, for the poor and nearly poor to
be self sufficient community.
Poor people are already out or do not go from first and second
cluster, designated the third cluster. They have a livelihood or
business sufficient to finance the basic needs but needs of
improvement. The programs in this cluster are assistance programs
for the empowerment and development of micro and small
enterprises in the form of capital or increase the capacity and the
People's Business Credit (KUR).
In addition to Social Ministry, social welfare administration also
carried out its role by the various ministries. In 2004 for example,
the health ministry has various programs to tackle poverty from the
perspective of health, among others: (1) the health card program
with free health care for the poor, (2) Presidential Instruction Drug
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8. i.e. specific health facilities purchase drugs for the poor, and (3)
supplementary feeding school children program (PMT-AS) which is
providing nutritional supplements for school children residing in poor
areas.
Ministry of National Education in 2004 to the present conduct
various social welfare program of strengthening the provision of
scholarships for students of elementary, junior high and high school;
operational grants and literacy programs.
While the Ministry of Social Affairs itself has a related strengthening
of social welfare programs among other social assistance programs
for victims of natural disasters, social assistance workers; services
for 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 Act
Number 19 of 2003 on SOEs. In this provision, there are provisions
regarding the involvement of SOEs to participate actively participate
in social welfare through programs that can help small businesses
and cooperatives. In Article 88 paragraph (1) of state stressed that
the state corporation can set aside part of its net income guidance
for small business/cooperatives and community development around
the 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 Business
and Environment Program. In Article 1, item 6 and item 7 of
Regulation of the Minister of SOEs is confirmed that the Partnership
Program with Small Business Enterprises, hereinafter called the
Partnership Program is a "program to improve the ability of small
businesses in order to become strong and independent through the
use of funds from the profit of SOEs". While the Community
Development (BL) Program, hereinafter referred to BL Program is “a
program of social conditions of society by the state through the use
of funds from the profit of SOEs". Both programs above SOEs
abbreviated as PKBL (Community Development Partnership
Program).
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9. One of the state enterprises, namely Bank BNI for example,
applying this PKBL program with the name "SOE Partnership
Program with Cluster Pattern ‘Kampoeng BNI’ ". The program is
held within the framework of implementation of Law No.19 of 2003
regarding the establishment of objectives for SOEs to foster Small
Micro Medium Enterprises (MSMEs) through the Partnership &
Community Development that the implementation procedure of
referring to the PER 05/MBU/2007 with activities among others, BNI
is cooperating with 18 universities for the supply of Credit Program
and the Partnership as a companion to the SME Partnership
Program carried out by a non-profit credit but it is a form of
awareness of BNI to help Small and Medium Enterprises (SMEs),
but at the same time as the development of SMEs to develop and
subsequently after growing will be driven into a commercial
business partner BNI.
Related to the social security system, under the provisions of The
Act No. 40 of 2004 on National Social Security System so there are
institutions such as (1) PT Workers Social Security (Social Security)
of Government Regulation No. 36 of 1995 on Stipulation of
Administering Body Program Labor and Social Security, The Act No.
3 of 1992 on Employees' Social Security. (2) Savings Fund and
Employees State Insurance (TASPEN) Company (Persero),
established by Government Regulation Number 26 in 1981 on
Transfer of General Fund Savings and Insurance Companies
Become Civil Servants (Persero), The Act Number 11 of 1969 on
Employee Pension and Retirement Widow/Widower Employees, The
Act No. 8 of 1974 on the Principles of Civil Service, as amended by
The Act No. 43 of 1999 and Government Regulation No. 25 of 1981
on Social Insurance of Civil Servants; (3) Owned Company
(Persero) Social Insurance, Indonesian Armed Forces (ASABRI),
established by Government Regulation No. 68 of 1991 on Transfer
of Public Corporation (Perum) Social Insurance of the Armed Forces
of the Republic of Indonesia became a Limited Liability Company
(Persero), (4) Limited Liability Company (Persero), Indonesia's
Health Insurance (ASKES), established by Government Regulation
No. 6 of 1992 on Transfer of Public Corporation (Perum) Bhakti
Husada into Limited Liability Company (Persero).
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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 company's CSR is not mandatory. Nevertheless, the historical
roots in various countries is the CSR depart from the company's 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
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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 Dhu'afa Wallet handle the collection and distribution of
zakat, infaq and shodaqoh.
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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
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13. of Poverty Reduction National Team Institution. There are four
purposes of this policy: (1) to eliminate the burden of expenditures
of the poor people, (2) to improve the ability and income of the
poor people, (3) to develope and ensure continuity of the Micro and
Small Business, and (4) synergize the policy and poverty reduction
programs. Membership of this team involves various stakeholders
from government, society, business world and other stakeholders.
The team is lead by the Vice President and involving various
ministries including the Minister of Home Affairs, Minister of
Finance, Minister of Education, Minister of Social Affairs, Minister of
Cooperatives and Small and Medium enterprises, the head of the
Central Statistics Agency (BPS) and other stakeholders which will be
defined later.
In the legal perspective of policy, there are legal implication with its
complexsity by sector crossing in. For example, one of the
requirements to be asessed socially prosperous is if someone has a
proper job. In the Act No. 11 of 2009 on Social Welfare there are
provisions which stated that it is need to provide access for job
opportunities and to get a proper job. The availability of proper jobs
is related to the policies on the provision of The Act No. 13 of 2003
on The Employment which the government has a role to establish
labor policy and expansion of job opportunities by involving the
people society. To this context, the government has implementing
various programs for the strengthening of employment ranging
from facilitating the labor exchange and establishes various training
centers (VTCs). Thus, the provision of social welfare legislation (Act
No. 11 of 2009) does not independent, it is a holistic that supported
by relevant legislation.
Thus the correlation of social welfare issues with health policy. For
the poor people should have been guaranteed to get a good health
service. The provision of good health care insurance provided in
The Act No. 36 of 2009 on Public Health. In fact, in this regulation
was included government budget obligation from the State
Expenditure Budget (APBN) and Regional Expenditure Budget
(APBD) at least five percent (for the center) and ten per cent (for
the area) outside the salary to be prioritized for provision of health
care for poor people (Article 171 of The Act No.36 of 2009).
In the subject of social welfare completion, for example in dealing
with the poverty, not just related to the job opportunities and good
health, it also related to land ownership access. Hernando De Soto
in “The Mystery of Capital” explained that one of the problems of
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14. poverty that need to be addressed is access to the status of land
ownership so that land can be used as productive capital assets. To
that said context then there are close relation between poverty
completion with the provisions of The Act No. 5 of 1960 on Basic
Regulation of Agrarian Affairs. In the provisions it is set about rights
of land that has a social function and the ownership and land
tenure exceed the limit are not allowed. Generally, poverty of
access to land ownership status is also offset by excessive land
tenure practices that encourage the policy of land redistribution
(land reform). Legally, there is Act Number 56 PRP of 1960 on
Establishment of Agriculture Land, there is confirmation of land
ownership restrictions agriculture, but in practice, this provision
often 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 coping
strategies of social welfare policies. However, as previously
described, in practice was not so. Each of the ministries, state
enterprises, private and non-governmental organizations has
separate programs and goals are often not coordinated with social
ministry.
In the above context, socially politically, there are sectoral
institutional ego that often must be explored solutions. Social
Ministry should be empowered to take a role in coordination,
synchronization and integration of movement strengthening the
implementation of social welfare. This is supported also by the map
of social welfare issues (POM) as a data base that will formulate
policies accordingly. In addition, with the already rising of Public
Disclosure Act Number 14 of 2008 on Transparency and Access to
Information is an important thing to be done by all agencies
participating and organizing social welfare so that guaranteed its
public accountability.
Although for the activities of community organizations, social
ministry has a significant role because those are under the
provisions of The Act No. 11 of 2009 on Social Welfare, community
organizations who want to carry out social welfare have an
obligation to register on the ministry or agency in the social sphere
according its authority. Community organization in question must
have a license, accredited and responsible to the Minister of Social
Affairs, the Governor, and Regent / Mayor in accordance authority.
Related to this question, published various regulations such as the
Joint Decree of the Minister of Home Affairs and Minister of Social
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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 minister's decision. First, rising above social minister's
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. welfare policy. But in practice is different there are various
programs concerning the implementation of social welfare which
have executed without coordination with The Ministry of Social
Affairs. Thus, in the future it is need to have legislation, ideally The
Ministry of Social Affairs in valve in the revision of social welfare
legislation, particularly as the competent agency to present the
related map issues of social welfare.
In practice, both at central and regional levels, often the shoulder
strep of social welfare issues (PMKS) are not getting the
empowerment of a balanced across regions and within regions with
the government and the private sector for example. Many cases
that a diverse community of people possible to help overcome
poverty. Meanwhile, in other communities who also need assistance
even cannot lack of adequate assistance.
For non-government organizations who want to make the
implementation of social welfare it must first have a license,
accreditation and completeness as an institution (deed of
establishment, working capital and so on). Ministry of Social Affairs
based on Social Welfare Act No. 11 of 2009, it can impose sanctions
to the social organization that violates the relevant provisions, such
as licensing.
By legislation, regulation relating to the process of the
establishment 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 Republic
of Indonesia, The Act Number 27 of 2009 on the People's
Consultative Assembly (MPR), House of Representatives (DPR),
Regional Representatives Council (DPD) and The House of Local
Representatives (DPRD), The Act No. 10 of 2004 on Establishment
of Legislation and Standing Orders of the House Representative.
Standing Orders DPD and the Discipline of Parliament in various
regions.
Related to the implementation of social welfare policy itself
ultimately comes down to the legislative process to set out in
legislation. Legislative process can be shared national and regional.
Nationally, a process of filing a bill may come from the President
and the Parliament or the Regional Representatives Council. If the
President, then a bill submitted to parliament and then conducted a
plenary session to deliver the bill referred to the submission of the
mandate of the president (ampres) by the President in plenary
16

17. session. Then later addressed by members of Parliament.
Conversely, if the bill is an initiative of the House it will be
submitted to the President for later in the plenary session, the
House will deliver an introduction to the draft of law referred to,
which was attended by the president. Similarly, the same thing
when asked by DPD. Before in the process of filing the bill, at the
beginning of the trial, should be prepared in advance of national
legislation program (Prolegnas) where the president and the
parliament held a meeting to discuss what bills to be proposed and
discussed in five years and per year. Then arrange the sequence so
that the discussion will be easy. In Parliament institutions, the
discussion of a bill is divided into two phases namely the discussion
of level I and level II discussion. At the level I was divided from the
beginning of the discussion related to the views of both the House
bill, the President or the Council and also formed Entry List
Problems (DIM) and discussed, can be in the form of appointed
Commission, the Special Committee and so forth. At level II, the
discussion is to discuss the results at the level I for approval or not
in 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 submitted
by the regional heads and parliaments. The process is similar to the
center, there is delivery of the draft regulations by the regional
heads in plenary session (if the proposal of the regional head) and
delivering draft regulations by the Parliament in plenary session
which was attended by regional heads. Then conducted a
discussion that can be formed working committee or special
committee to conduct various forums such as a hearing, both with
local governments, public or stakeholders. Agreement local
regulations must be made together between the regional head and
the local chief parliament. In addition, as also at the center, the
region must first develop local legislation program (proglegda)
within five years and one year as a benchmark in terms of any draft
which will be discussed during the period.
In the legislative process which has two characters namely the
political process as well as the legal process then certainly the
negotiations and the various conflicts of interest is the dynamics.
Thus, the public interest is often not enough left to MPs but civil
society itself should also oversee and advocate for the said policy.
At the center is now under discussion on the draft law organizing
social security agency (bill BPJS) as the implementation of the
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18. mandate of the National Social Security System Law (Bill SJSN). In
the discussion of the bill are crucial issues related BPJS fusion plan
which organizes social security SOEs as far as PT. Askes, PT.
ASABRI, PT. Taspen and PT. Jamsostek. The plan will lead to the
dynamics of fusion associated with the capital so far, claims or
interests of third parties, transparency, efficiency and
accountability. In the the center also discussed the bill that would
regulate the institutional of Poor Indigent handling of poverty,
strategies and policies as well as central and local responsibility. In
addition, at the same time also discussed the Bill Zakat
Management, Infaq and shodaqoh who oversee the implementation
of Islamic participation in rolling the funds for poverty and social
problems.
In the areas, there are many areas that already have regulations
related to social problems, such as in Semarang there are
regulations about the handling of poverty. In Bogor there are
regional regulations regarding with the shoulderstrep of the People
with Social Problems. In Makassar also there is regulation on
Poverty. In the various regional regulations defined set of
institutional governance as coordinator function, and policy general
labor and social services (DISNAKERSOS), how the policies set forth
in the mechanisms of social assistance, facilities, funding related to
public participation.
In the implementation, effectiveness of legislation related to social
welfare in the context of national and regional relationships often
face various obstacles. First, coordination and insufficient
communication between central and local government agencies as
well as the absence of such a center of information (information
center) to find out the problems of social welfare in local area.
Second, the issue of inadequate budgetary policies so that less
support basic infrastructure such as lack of training centers,
rehabilitation centers and social institutions. Third, urban and rural
development gap, giving rise to high urbanization and city
government 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 their
relevance and focus of different specifications so that social services
should be institutionalized by strengthening self-sufficient human
resources, especially regarding the social worker.
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