2009年-世界发展银行全球_Alternative_Mechanisms_of_Service_Delivery___Legal_and_Regulatory_Review_Volume_2_Appendices_452页_5mb

Summary of AMSD - Legal and Regulatory Review

Core Content

The document outlines the Alternative Mechanisms of Service Delivery (AMSD) project, focusing on the legal and regulatory framework necessary to reform the sector structure and improve service delivery efficiency and accountability in Indonesia. It emphasizes the need to shift from a confused and unstructured system to a more transparent, accountable, and performance-oriented model.

Main Points

1. The Existing Condition that the AMSD Plan Must Change

The current service delivery structure is characterized by a lack of clarity, poor incentives, and unclear roles and responsibilities. Key issues include:

• Lack of Autonomy: SDOs operate under the direct control of the regional government, with minimal independence.
• Weak Regulatory Standards: Regulatory bodies do not enforce clear standards or performance targets, leading to a lack of compliance discipline.
• Unpredictable Funding: Funding is not tied to performance, resulting in no incentive for efficiency.
• Absence of Market Forces: Customers and markets do not exert pressure on SDOs, leading to inefficiencies and lack of responsiveness.
• Confused Social Obligations: SDOs are burdened with mixed objectives, making it hard to focus on core functions.
• Ineffective Management: Mid-level managers operate without clear constraints, and top management often lacks active governance.
• Monopolistic Practices: SDOs are typically vertically and horizontally integrated, acting as both service providers and regulators.
• Limited Stakeholder Participation: Community and private sector stakeholders have little involvement in decision-making or service delivery.

2. Future Conditions Resulting from AMSD Strategies

The long-term aim of AMSD is to restructure the sector so that SDOs operate more as autonomous entities under a performance-based contract. The key features of the reformed structure include:

• Separation of Roles: Policy-making, operations, and regulation are separated, with overall responsibility returned to the PEMDA.
• Performance-Based Funding: Funding is linked to performance and is predictable, encouraging efficiency.
• Increased Autonomy: SDOs are given more independence but remain under the oversight of the PEMDA.
• Customer-Centric Approach: Customers and stakeholders are placed in a central role, with mechanisms to improve their influence and satisfaction.
• Enhanced Management Systems: SDOs are expected to develop strategic and annual plans, efficient business processes, and competent staff.
• De-bureaucratization: Human resources management is reoriented toward results, merit, and a caring workplace.
• Disaggregation of Supply Chain: Horizontal and vertical integration is reduced, promoting competition and specialization.
• Involvement of Private Sector and Community: These stakeholders are integrated into the governance structure, either as participants or service providers.

3. Impact on "Rules of the Game"

The legal and regulatory framework is a key component of AMSD, with eight strategies aimed at transforming the sector. The Flexible Performance Agreement (FPA) is a central tool used to clarify roles, set performance expectations, and link accountability to outcomes.

The strategies include:

• Strategy 1: Clarify objectives, roles, and authority to create an arms-length relationship between government and SDO.
• Strategy 2: Cover service delivery costs through service charges and sales.
• Strategy 3: Introduce real rewards and punishments for performance.
• Strategy 4: Empower customers by placing them in the driving seat.
• Strategy 5: Enhance the governance and control of SDOs.
• Strategy 6: Change the culture within SDOs to be more results-oriented.
• Strategy 7: Disaggregate the sector structure to reduce monopolistic practices.
• Strategy 8: Increase the role of private sector and community in governance and service delivery.

The legal and regulatory framework provides the foundation for these reforms, ensuring clarity and accountability. It includes various laws and regulations that govern the decentralization, governance, funding, service delivery, and performance management of SDOs.

Key Legal Instruments

Conclusion

The AMSD project aims to transform the sector structure and legal framework in Indonesia to create a more efficient, accountable, and customer-focused service delivery system. It emphasizes the importance of decentralization, performance-based management, and stakeholder involvement in achieving this goal. The Flexible Performance Agreement serves as a critical mechanism to ensure autonomy and accountability for SDOs, while the legal and regulatory framework provides the necessary structure and oversight. The success of the reforms depends on effective pilot planning and managing the change process, as resistance to reform is expected.