COMPARING LOCAL GOVERNMENT AT
FEDERAL AND UNITARY
Group :
NAME
NIM
ZEIN IHYA ULUMUDIN
115030100111080
TIKA LARASATI
115030100111071
ISNI WAHIDIYAH S.
11503010111067
FACULTY OF ADMINISTRATIVE SCIENCES
BRAWIJAYA UNIVERSITY
2012
INTRODUCTION
Government was formed with a view to build a civilization and maintain social order system
so that people can live naturally in the context of statehood. In its development, the concept of
governance paradigm was transformed from the state department to market orientation
(market or public interest), of a strong government, large and small and authoritarian
orientation to less government, egalitarian and democratic, and the transformation of the
system of government from a centralized to a decentralized.
Good governance is the foundation for the formulation and implementation of a democratic
state in the era of globalization. This phenomenon is characterized by strong democratic
community control over governance, while the phenomenon of globalization is characterized
by interdependence among nations, especially in the management of economic resources and
activities of the business.
The state is an instrument in the shape to meet the basic need of the people and manage the
wealth of a region. The concept of the State for the first time coined by a Greek that plato. In
the development of the State to be some form of a model based on the reins of power. In this
level there are two models in the distribution of power that is centralized and decentralized.
Centralized government (centralized) tends to gravitate to the term empire that controls an
area with monarchy and authoritarian decision-making. Along with the development of
science came the concept of democracy that promotes public choice in implementing the
government. Then came the antithesis of centralization is decentralization. Where there is
some authority that is distributed to the regions, democratic decision-making and the role of
the public in government. This is the concept of power-sharing at the macro level in the
central government.
Forms of centralized and decentralized local governments can not ignore the central
government aide in the implementation of a policy. That's the equation for both local
government functions. Fundamental difference of the two is a function of the legislation
which holds full control of the centralized form of the legislation and the legislation
decentralization distribute authority to local governments. Countries such as the determination
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of the shape are dependent on the culture and social anthropology in society. Often problems
arise in deciding this case in which the common mistakes and forced to choose one of them.
Decentralization recently become a trend in the governance model are subdivided into a form
that is federal and unitary state. Two forms of this country tend towards decentralization. But
there are differences in the legislation system, local finance, local elections and some other
things. There are advantages and disadvantages in each concept will be explained in this
paper.
Referring to the post-reform Indonesia there was confusion in determining the direction of the
distribution of authority. When there are two conflicting opinions about that make Indonesia
as a unitary federal state or did them. Amien Rais, who was then leading the reform of the
State, filed a federal form because it demands of the people when it is decentralized. However,
Megawati proclaimed as a child does not agree to make Indonesia a country-states. Since the
mandate of Indonesia Sukarno is unity. In sum taken a middle ground that makes Indonesia is
now a regional autonomy. Model State authorities remain unified but distributed to the
regions. Unlike the United States who hold a federal state consisting of several states. The
division of authority by the federal State and the State entity is the main focus in the
discussion of this paper.
When examined again about the policy of regional autonomy that refers to Law 22 year 1999
there were some problems in the autonomous region. Among Erani Yustika as saying about
the problems of the development of regional autonomy is still centralized in Java and Sumatra,
there is often chaos policies between the central and local governments so that after 10 years
of running, there were 13 thousand regulations problematic areas and more than 4000 were
canceled by the ministry of finance and ministry in the country, in some areas still depend on
funding national and regional budgets and central government interference in the legislation is
still great.
Thus it is necessary an analysis on the operation of decentralization in Indonesia when
compared with the federal government in the State. Although it can not be said of
decentralization in Indonesia failed or succeeded, but the need for urgent evaluation in
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development, especially in the bureaucracy. Therefore this paper is to compare the local
governments and the federal state unitary state.
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DISCUSSION
1. Dividing and distribution of state authority.
Decentralization as a principle in governance due to the fact that not all matters can be held
centralization of government, given the geographical conditions, the complexity of the
development of society, social structure and diversity of the local culture as well as the
demands of democratization in governance.
Political phenomena in the administration and government, where decentralization is defined
the delegation of authority to the level of the hierarchy territorial lower. Understanding
decentralization should be distinguished by understanding of dispersal to the level branches
and delegation in the sense of a boss subordinates to entrust responsibility against. In the study
of politics means that decentralization will refers to the territorial distribution of power, the
extent to which spread through the power and authority hierarchy geography, institutions and
processes. The focus of attention is the decentralization subdivision of the state unitary or
federalism, where each has a system of internal local government separately.
Decentralization in national institutions which ministries / public companies delegating
authority to officials who bear responsibility activities, so that means that decentralization will
involve different forms of hierarchy combines different institutions and functions. In relation
to the waking state, 2 values have achieved national consensus by the founding fathers, the
Unitary State and decentralization. This means that the implementation of the nation state
adopted centralized and decentralized thinking is a continuum and not a dichotomy. Principle
of centralization and decentralization to characterize the state of the nation. Decentralization
adopted to accommodate aspirations of the community and local diversity and
democratization.
In essence, centralization is a continuum rather than a dichotomy. Centralization and
decentralization are always moving from one point to point the other. The same thing happens
in the context of the state organization. Governance is a combination that is centripetal force
(centralization) and centrifugal forces (decentralization) simultaneously. No state is only held
in centralized, although there are always some who just held authority centralization only
(classical authority of foreign policy, defenseand security, justice, monetary and fiscal. And
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conversely there is no one country that organizes his administration is decentralized, so that
there are no settings that are national centers.

Federal Based Systems
Definition: decentralized only on at least one levels, with each level having
some sovereignty to tasks sectors territorial jurisdiction of the public in particular.
Federalism can be seen as a form of decentralized governance, as such devolution, the
main territory government accepted instead of the national government but from the
constitution which establishes the region jurisdiction of the central government or
government federal, so that it is second rate coordinated and independent.

Unitary Based Systems
Definition: not have decentralized legally, but through the hierarchy units the lower level
has a certain geographic jurisdiction. in the system This sovereignty of the public sector
maintained decentralized the level units more lower.
2. State forms
a. Federal
The government form is a term that used to see the political institutions and also used to
organize a state for the enforcement authority for a politic community. Federal is an adjectives
of the Federation said. Usually this term refers to the central government or government at the
national level. Federation is come from Dutch, that is federatie, derived from latin foeduratio
means that “agreement”. The first federation of the meaning this agreement is rather than the
Roman Empire with ethnicity. Germany and settled in province of Belgium, at approximately
the 4th century AD. At that time, they promised not to fight each other, but to work together
only.
States in the federation or union (bondstaat, Bundesstaat), two or more political entities that
have or have not pledged to unite the country status in a political ties, ties which will represent
them as a whole. Federation is the state. Members of the federation are not sovereign in any
real sense. Members of the federation called the state-section, which in a foreign language can
be called “deelstaat”, “state canton”, or “linder”.
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Feerated is a combination of several countries that becomes the states of the union state.
Usually state is fully independent state money and a fully sovereign independent. By
incorporating themselves into a state union, the country that had stood alone it later become
states, releasing some of power handed to the parent state and the union. The power that the
deposit was called one by one or limitative, mentioned only the power that is delivered to the
union or the delegated powers. Original power for the state and the state is directly related to
people, power of the state union is the power it receives from the state. Usually submitted by
the states to the federal state of things are related to foreign relations, defense, finance, and
postal affairs and telecommunications.
Although states may have their own constitutions, the head of the state itself, its own
parliament, and the cabinet itself, a sovereign state in the union is the combination of the
states of the that called federal state. Every free state into action, as long as not contrary to the
federal constitution Action to the outside (relations with other countries) can only be done by
the federal government. The state is given the power to make laws themselves that must not
conflict with the state constitution union.
The characteristics of the federal state are:

Each state has a head of state, parliament, council of ministers (cabinet) in the interest
of the sate.

Each state should make its own constitution, but must not conflict with the state
constitution federal.

The relationship between the federal that is central government to the people who
governed by the state, except in certain authorities have handed over directly to the
federal government.

Organization of sovereignty out of the country-state left entirely to the Federal
Government, while sovereignty into is limited

Questions concerning the state in its entirety federal.

Submitted to the authority of government. unity-bond forms of political unity in the
country is limited federal

The law made by state only applied by those state itself.
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The division of powers between the federal governments to the state is determined by the
state. So, that the activities of the federal government are matters of state remaining (residuary
powers). In general powers delegated states to the federal government include of:

matters relating to the position of the state as a subject of international law, such as:
problem areas, citizenship and diplomatic representation

absolute things about the safety of the state, defense and national security, war and
peace

things about the constitution and federal government organizations as well as the basic
principles of law and justice for the organization deemed necessary by the central
government, for example: the question of the state constitution test material

things about money and finance cost in the implementation of the federal government,
for example: the case of taxes, customs, monopolies, currency (monetary)

Matters of common interest between the states, for example postal problem,
telecommunication, statistics.
According C.F. Strong, which distinguishes the state union with each other are:
-
the division of powers between the federal and state governments
-
Appropriate agencies to resolve disputes that arise between the federal government to
the state government.
Based on those two things, born of an assortment of state unions, among others:

state of the union constitution specifies one by one power of the federal government,
and the detail of powers are not handed over to the state government. Examples of
such union countries include: USA, Australia, RIS (1949)

state of the union constitution specifies one by one power of the state government,
while the rest is left to the federal government. Example: Canada and India

state of the union authorized the federal supreme court in resolving disputes between
the federal government to the state government. Example: The United States and
Australia
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
state of the union authorizes the federal parliament in resolving disputes between the
federal government to the state government. Example: Switzerland.
b. Unity
In the unitary state is a sovereign and independent state in the entire country where the
central government ruling only. In a unitary state, the central government has authority to set
the entire region through the establishment of regions in the entire region of the country. Subnational units only run selected powers delegated by the central government. Unitary form of
government is adopted by many countries in the world.
In a unitary state, sub-national units are created and deleted by the central government
and sub-national levels of power that can be expanded or limited by the central government.
Although political power in a unitary state can be delegated through devolution to local
government according to the laws that created the parliament, the central government remains
the most powerful; government can cancel or local regulations restricting their power. The
central government is fully sovereign, either inside or outside. The relationship between the
central government and the people of the region can be run directly. In a unitary state there is
only one constitution, one head of state, the council of ministers (cabinet), and a parliament.
Similarly, the government, the central government who holds ultimate authority in all aspects
of government. The main characteristic is a unitary parliamentary supremacy centers and other
agencies lack the sovereign.
The characteristic of Unitary state include of:

The sovereignty of the state includes in and out of the central government handled

State has only one Constitution, the head of state, a council of ministers and the
parliament

There is only one policy concerning political matters, economists, social, cultural, and
defense and security

Central Government has absolute authority to make law and applied in one state.

Local government only applied the law that made by central government.

Central government has full authority and the position is higher than local government.
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In the implementation of the unified state governments can be implemented with centralized
and decentralized systems. Those are:

Centralized system: that everything in the country was governed and administered
directly by the central government, was living areas carry

Decentralized System: which areas are given the opportunity and authority to manage
the affairs of their own household (decentralization or regional autonomy), but there
are some vital matters handled by the central government.
Blue zone is the unitary state in the world
3. Local government system at federal state and unitary state
When talking about the comparison between the local government system and the federal state
unitary state, it would be easier if the sample is taken between the two. In this case the State
would be taken as a sample of the United States and Indonesia federal state as a unitary state.
This is done because the literature is very difficult to come by. There are some aspects that
will be discussed in this section. That is the status of the local government, local government
relations and the central and local government affairs.
a. Local government of USA.
Basically decentralization is intended to match the complexity of a region that cannot
be treated equally by the central government. So the central government delegates the
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affairs of government into areas where it would be appropriate to each region. In a
country where the administration develops coordination between central and local
government developed since the 18th century. Until 1960 integrated planning and
budgeting process has been developed. Local governments are characterized by large
legislative focus on legislation, regulations and budgeting. While the implementation is
left entirely to the executive. Meanwhile, in small government intervention legislative
still great.
Because the shape of the United States has a federal state system of local government is
different. This is because the local government was formed of the states that have its
own constitution on the rights, status and privileges. Thus, in this form of federal state
must apply the law in accordance with the area. Rules made government is free but
must be in accordance with the State Policy section. Local governments have a strong
role in politics in the state. Because, congressional representation is determined by each
region.
The structure of American national government is divided into four types namely the
county, town and township, municipality, and special district. Almost all of the affairs
are run by local governments of the state distributed. Because of the diversity of
American social culture of the local government run different functions. Many
functions are executed such as planning and urban development, transportation,
education except universities, social welfare and others. In essence, the local
government took the first strategic aspects to be taken, after it was handed over to state
or federal state.
Forms of local government in the United States have the characteristics of each
depends on the type of local government as has been described above. The local
government finance runs derived from local taxes, government assistance supervisor,
loans, user charges and gambling.
b. Local government at Indonesia.
Local governance in Indonesia through a phase of long and many times change. Until
the end after the reform of local government really has the power to the legislation,
budgeting and controlling. Three tasks are delegated to the Parliament under Law 22 of
1999. Until in 2004 the Act was amended by Act 32 of 2004.
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Because Indonesia is a unitary state, the principle of the formation and removal of local
government held by the central government. Proclamator Indonesia confirmed that
Indonesia is a unitary state was also emphasized role in the first article of the 1945
Constitution. Decentralized territorial aspiration used to facilitate the flow of people to
the center. In the New Order era were impressed centralized authoritarian even
considered not able to accommodate the diversity of so many marginalized
communities. The principle of centralization is only given to the head of the institution
called de-concentration.
Position of local government in Indonesia is divided into two, the provincial and local
government district / municipality. Not the local provincial superior of the district / city
so there is no hierarchical relationship. District / city is purely a form of regional
autonomy is clearly widespread and responsible. The establishment of a new
government based on the consideration of economic capacity, potential, social cultural,
social, political, population, area and other considerations.
Local government authority is the whole business of government except in matters that
have defined the central government. Those are foreign policy, security, defense,
religious, monetary, fiscal and judicial. So, the unity government affairs in the State is
taken first by the central government and then handed over to the local government.
Indonesia tends to have a uniform local government because local governments are
controlled by the center held. The provincial governor has the status of the head and
deputy of the central government that runs the principle of de-concentration. While the
regent / mayor just runs the principle of decentralization. Council is the governing body
of the legislation that makes local regulations. Be obtained from the local government's
financial revenue, transferred funds, general allocation fund, a special allocation of
funds, and other funds such as grants and loans.
CONCLUSION
Long exposure can be concluded various tiger strengths and weaknesses of each system.
Centralization is a system that is not democratic, but not so much through the process so that
decisions are made quickly and dealt with the problem quickly. There are no dynamics in
these areas due to the development of more centralized development. While the decentralized
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system more liberating choices in the area to be wise to resources owned by the region. More
democratic because it involves people's participation in decision-making. But in the process
takes a long time so the problem is often overlooked.
In the local government level between the federal State and the unity as exemplified by the
U.S. and Indonesia. Both have some central differences regarding decision authority. In the
federal government released elect local government affairs and the remainder transferred to
the state. While the state government unity government took the matter first and then the rest
handed over to the local government affairs. Forms very pluralistic federal government this is
because there is no government interference in the formation of local governments. In State of
the unity government has a similar shape everything. Since held directly by the central
government.
Using the system, the federal government has the great advantage of being able to take a
strategic affairs buffer supporting regional development. But at the macro level in the federal
government, there would be legal because it is kind of ambiguous in every state has different
laws. And it's possible that tends to complicate the nomadic communities. In the unity of the
State governments are also given the freedom to specified matters. However, there is often
interference from the central government. Often the discrepancy between local regulations and
federal regulations. The disadvantage of using decentralization system as a whole is wasteful
because the budget to hire more employees, the high cost of politics in the election, and the
political culture that has not established cause political chaos everywhere.
The challenge for Indonesia for related autonomy is to create an atmosphere that supports the
political participation of the legislation. When compared with the federal state governments
have a high bargaining power towards the center as a political force to be reckoned with. So
that the government cannot play in determining the direction of regional policy. Regional
autonomy is still causing a lot of problems and needs to be evaluated the effectiveness of the
performance area.
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