By: Deystia Ayesha Rae

 

On 5 January 2018, the Government of Republic of Indonesia has issued a Government Regulation No. 2 of 2018 concerning Standards of Minimum Service (“GR 2/2018”) which will come into effect on 1^st January 2019.  This regulation is issued as an implementation of Article 18(3) of the Law No. 23 of 2014 concerning Regional Government (“Law 23/2014”).  This regulation governs a Mandatory Government Affairs which is a government affair that is mandatory to be organised by all regions to provide Basic Services to the community.  This Basic Services is a public service to meet the necessity of the community.  In essence, GR 2/2018 regulates the provision of the type and quality of Basic Services which is the Mandatory Government Affairs in which every regional citizen is entitled to.

Pursuant to Article 3(1) and 4(1) of GR 2/2018, Mandatory Government Affairs related to Basic Services consisting of education, health, public works and spatial planning, housing and residential area, peace, public order, and the protection of society, and social.  The implementation of Mandatory Government Affairs pursuant to Article 11(2) of GR 2/2018 is executed in stages which are data collection, calculation of needs for the fulfilment of Basic Services, preparation of Basic Services fulfilment plan, and the fulfilment of Basic Services.

Pursuant to Article 17 and 18 of GR 2/2018, the implementation of Standards of Minimum Service shall be made in a report which contain the results, constrains, and budget availability of the Standards of Minimum Service.  This report therefore will be used by Central Government for Regional performance appraisal, development of Regional capacity in improving the implementation of Basic Services, and refinement of policies of the implementation of Standards of Minimum Service in the planning and budgeting of Regional development.Pursuant to Article 70(2) of Law 23/2014, the report is made by Regent/Mayor and shall be submitted to the related Minister through Governor as the representative of central government.  While the report made by Governor shall be submitted to President through related Minister (Article 70(3) of Law 23/2014).

Pursuant to Article 19 of GR 2/2018, Minister of Domestic Affairs will conduct general guidance and supervision of provincial Standards of Minimum Service implementation, while related Minister will conduct the technical guidance and supervision.  Regent will conduct guidance and supervision in the regency while Mayor will conduct the guidance and supervision in the city, under the guidance and supervision of Governor as the Head of Region.

Governor and Regent/Mayor are obliged to carry out the Standards of Minimum Service as regulated in GR 2/2018.  Pursuant to Article 20 of GR 2/2018, Governor and Regent/Mayor who does not implement the provisions as regulated in GR 2/2018 shall be liable to administrative sanction as regulated in the relevant ministerial regulations.

On the effective date of this regulation, pursuant to Article 24 of GR 2/2018, Government Regulation No. 65 of 2005 concerning Guidelines for the Preparation and Implementation of Standards of Minimum Service (“GR 65/2005”) will be revoked and declared null and void.