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By Siti Nurbaya *

Now is not the time for a bureaucrat to finish their job because of the fright of the supervisor. The development of situation also the change in political format and system give impact to the working principles of the bureaucratic levels.

Also, the bureaucratic levels nowadays are more open to public, not only due to the development of rule instruments but it is also more because of the information flow has become more open. Every day printed and electronic mass media reports various bureaucratic scandals.

Theoretically, exaggerative exploration steps from media on a scandal done by an officer or bureaucrat has been a part of the control towards bureaucracy, apart from other control devices, which are accountability and contra-bureaucracy (for example forming similar institutions or quasi-government).

In Indonesia, those control devices work simultaneously and sporadically develop with different background. First, on political decision shown by several legislation products resulted in forming independent commissions which actually work similarly to working units of the executive body, such as National Commission on Human Rights, Broadcasting Commission, and so on. Such commission can be seen as contra-bureaucracy units or quasi-executive from unit handling similar subjects.

Second, it is the strong and thick political supports on corruption eradication due to the numerous corruption behaviors. Third is the effort for introducing, emphasizing, and improving public accountability for the entire bureaucratic officers.

Bureaucracy is demanded to be more responsible to the public. The responsibility is realized in form of service to the people and also in form of people’s judgment towards them.

How people judge bureaucracy is actually how the people feel that their rights protected by the State have been fulfilled with the works of the bureaucracy. How people’s rights are arranged, actually, is the most important part of the constitutional existence.

Principally, constitution tends to summarize the relationship between the state and its citizens. It is also an emphasis on the authority rooms or governmental power also the freedom of individual citizen.

According to Jerre S. Williams in his book titled ‘Constitutional Analysis in A Nutshell’  (1979), there are four functions of the constitution of a country.

First, it is used to manage the national government system. Second, it is used to manage or control the relationship between national (central) government and regional (sub-central or sub-national) governments. Third, it is used to formulate and to keep personal liberty. Four, it is used to keep and prepare the government to always keep the existence of the country.

Furthermore, it is said that the aim of the constitution covers; first, constitution to empower the state. For example, even though India had proclaimed their independence in 1947, Indian constitution was adopted in 1950. That was similar to The United States, even though there was a declaration of independence in 1776; their constitution was ratified in 1789.

Second, constitution is to strengthen the motherland’s values also national aims, where the constitution covers the political, idealism values and targets in living as a country.

Third, the constitution is to support and maintain government’s stability, distribute authority’s tasks and functions among State organs, also give frameworks or guidelines in carrying out activities; For example, in terms of mechanism, relationship, and in the management also adjudication and conflict settlement. Four, constitution is to protect liberty, which often interpreted as limiting the government’s power to protect people’s interests.

The relationship between the constitution and bureaucracy is not only good to hear in utterance, but also relates to each other in principle. The aims and functions of the constitution can not be reached until it is put to work. President’s initial vow also emphasizes the willingness to implement constitution. That would mean in a broad and general sense.

In the realization, from bureaucratic staffs under the presidency until the ones in many areas have to stand on constitution in carrying out their tasks. Of course, among the principles in the constitution, there are things explained in detail within an Act and then Governmental Decree, Presidential Bylaws, Regional Bylaws, and others.

Hence, it is clear that the basic ground in bureaucratic work is constitution. Furthermore, the reflection of a bureaucrat’s work towards the aims and functions of the constitution has to be done very often because our country is undergoing a rapid change.

The reflection is to see whether or not there are values to be better-established or there are values under trouble. Similarly to the aims and targets of living as a country, is there a thing troubled and so on?

Bureaucratic levels need to do constitutional reflection constantly in the derivation of their tasks. For example, it is very clear that one of the values of our country, among others, is the diversity of the people, with the change in the situation, it does not mean that it is free from disturbance. There are many occasions and cases arise that disturb that.

Similarly, the aims and targets of our living as a country is now experiencing “turbulence’ with the arising of survey’s right on Gas and so on. (In the later phase, it is not right for use to consider this as ‘turbulence’. Let us call it ‘rocks’).

With that picture, it is clear that a bureaucrat must have sensitivity in the implementation of constitution with real meaning implemented in the live of a country, state, and public. Such bureaucracy can be called as a bureaucracy with statesmanship.

*. Siti Nurbaya , Chairperson of Steering Committee of Bureaucratic Reform Institute-Indo Pos

Source: http://www.jawapos.com/

Photo: Courtesy of Constitutional Court Public Relation Doc.

Translated by Yogi Djatnika

 

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