2009年-世界发展银行全球_Alternative_Mechanisms_of_Service_Delivery___Legal_and_Regulatory_Review_Volume_1_Main_Text_166页_2mb

Summary of "Alternative Mechanisms of Service Delivery (AMSD) - Legal and Regulatory Review"

Core Content of the Document

This report is a comprehensive legal and regulatory review of the Indonesian framework that could either support or hinder the implementation of Alternative Mechanisms of Service Delivery (AMSD). It is part of a project contracted by the Decentralization Support Facility (DSF) and Hickling Corporation of Canada, aimed at improving service delivery in regional governments through institutional and managerial reforms.

The report outlines eight (8) strategies that form the basis of AMSD, which are intended to enhance the efficiency, effectiveness, and accountability of public service delivery. These strategies are supported by a variety of legal and regulatory tools, including performance-based budgeting, flexible performance agreements, and changes in organizational and employee behavior.

Main Objectives

1. Assist government in rationalizing different institutional arrangements for sub-national public services.
2. Support the development and implementation of new service delivery methods, particularly contracting.

Eight AMSD Strategies

These strategies aim to improve the quality, efficiency, and responsiveness of public services through structural and managerial reforms.

Key Legal and Regulatory Tools

• Flexible Performance Agreements (FPA): A central tool used to empower service delivery operators by giving them autonomy in exchange for increased accountability.
• Core Administrative Laws: Including Law 32/2004, which governs regional governance and decentralization.
• Financial Management Laws: Such as the Regional Budget (APBD) and National Budget (APBN) laws, which are essential for funding and managing service delivery.
• Performance-Based Budgeting (PBB): A method to link budget allocation with performance outcomes.
• Sector Laws and Regulations: Including laws on public service obligations (PSO), service delivery organizations (SDO), and the roles of regional governments.

Structure of the Report

The report is divided into the following sections:

1. Introduction: Overview of AMSD and its eight strategies.
2. Clarifying Roles, Objectives, and Standards: Analysis of legal provisions that define roles and responsibilities.
3. Financing the Delivery of Services: Examination of financial mechanisms to support service delivery.
4. Consequences (Rewards and Punishments): Legal tools to incentivize and penalize performance.
5. Putting the Customer in the Driving Seat: Legal basis for customer empowerment and direct democracy.
6. Organization and Administration of Service Deliverers: Legal frameworks for empowering service delivery organizations.
7. Changing Employee Culture: Legal provisions related to civil service management and de-bureaucratization.
8. Sector Structure and Cooperation: Legal and regulatory considerations for restructuring sectors and involving the private and community sectors.
9. Main Conclusions and Suggestions: Summary of findings and recommendations for improving the legal and regulatory framework.

Key Findings and Recommendations

• The current legal framework provides some support for AMSD but has gaps and inconsistencies that hinder its full implementation.
• Law 32/2004 is the main legal instrument for regional governance, but it needs to be more clearly aligned with AMSD principles.
• Flexible Performance Agreements (FPA) are essential for enabling autonomy and accountability in service delivery.
• Performance-based budgeting and revenue generation mechanisms are important for ensuring financial sustainability of services.
• Customer empowerment requires legal mechanisms to ensure transparency, participation, and quality assurance.
• Empowering SDOs and employees involves rethinking traditional bureaucratic structures and introducing flexibilities in management, procurement, and HR practices.
• Sector restructuring is necessary for better coordination and efficiency, supported by legal instruments like PP 38/2007.
• Community and private sector involvement needs clear legal definitions and supportive frameworks to ensure accountability and transparency.

Appendices and Supporting Materials

• The appendices include lists of relevant laws and regulations, example clauses, case studies, and checklists for assessing the legal and regulatory environment.
• A blueprint for promoting AMSD and pilot project planning reports are also included, along with workshop summaries and legal tools for each strategy.

Conclusion

The report emphasizes that the success of AMSD depends heavily on the legal and regulatory environment. It identifies areas where the framework is supportive and where it needs improvement or supplementation. The eight strategies, combined with the use of Flexible Performance Agreements, provide a roadmap for enhancing service delivery through decentralization, empowerment, and performance management. The findings are intended to guide future legal reforms and policy development in Indonesia to support more effective and accountable service delivery systems.