http://www.thejakartapost.com/yesterdaydetail.asp?fileid=20040924.S01

Gamawan Fauzi, pioneering regent

Features - September 24, 2004

Syofiardi Bachyul Jb, The Jakarta Post, Padang

Although corruption by officials remains at endemic levels throughout
the country, one prominent West Sumatran leader is bucking the trend.

Solok Regent Gamawan Fauzi has won an award for fighting corruption --
he, along with Forum of Concern for West Sumatra coordinator Saldi
Isra, is a recipient of this year's Bung Hatta Anti-Corruption Award.

While it is almost impossible to find corruption-free bureaucrats in
Indonesia today, let alone public officials striving to rid their
agencies of graft, Gamawan Fauzi has become a familiar figure to the
West Sumatra community as a straight arrow aiming for good governance
and clean government.

"What I've done is nothing unusual; it is our prevailing circumstances
that are anomalous," Gamawan told The Jakarta Post after winning the
award.

Born in Solok on November 9, 1957, Gamawan Fauzi graduated from
Andalas University Law School, Padang, in 1982, before commencing his
civil service career in the West Sumatran provincial administration.

His position as chief spokesman at the secretariat of the regional
administration led to his election later as regent of Solok for the
1995-2000 term, winning reelection in 2000.

While governing the regency, Gamawan Fauzi earned his master's degree
in management after postgraduate study at Padang State University,
West Sumatra, in 2002.

In phases, Gamawan introduced fundamental policies to create good
governance in the regency, beginning with one-stop licensing in 2000.
Thirty-two licenses, including construction permits, which used to
take months to handle at an indeterminate cost, can now be obtained
within nine days, with all fees transparent.

Licensing services can even be provided by mail at a postage rate of
only Rp 2,000 for delivery, yet this postal facility, according to the
regent, has not yet been utilized much by the local community.

"Regency officials are not allowed to become further involved in the
licensing process; I don't serve people coming to my house for
licenses and forbid my staff from doing so, he said.

>From 2002 onward, he abolished project honorariums, which were paid to
regency employees belonging to regional committees, including the
regent, although they were permissible under the law. Totaling Rp 14
billion in Solok, the money was enjoyed by only a few.

The funds that accrued from the abolished allowances have now been
converted into financial support by the regency for all of its 7,000
civil servants -- distributed proportionately according to the
position of the personnel concerned.

"The decision has deprived me of millions of rupiah in extra income,
but it is a fairer distribution and puts a greater priority on the
performance of routine civil service duties rather than handling
projects," Gamawan said.

Subsequently, Gamawan also issued a transparency regulation to prevent
executive and legislative officials from getting involved in regional
projects.

All projects are now based on public proposals brought up through
meetings of non-governmental organizations working in collaboration
with village-level institutions, but excluding regency offices.

All ranks of the regency's personnel are also prohibited from giving
donations to any party and receiving contributions in any form while
on duty. His strict disciplinary measures have, over the last four
years, resulted in the dismissal of eight employees, with 23 others
relieved of their posts or demoted.

The regent said his policies, which departed from previous rules, had
not caused any staff or public complaint: All were based on consensus
after prior discussion on their excesses when applied."

Gamawan's most advanced step was the signing of the Solok Regency
Integrity Pact (PIKS) on November 11, 2003, which was supported by
Transparency International Indonesia (TII) and Indonesian Procurement
Watch (IPW).

Solok has become Indonesia's first regency to sign the integrity pact,
which controls the public and private sector in accordance with
principles of good governance, with the regional supervisory board as
the central control.

The Muhammadiyah Islamic educational background of Gamawan's parents
considerably influenced his attitude toward life, he said. Dahlan
Saleh Dt. Bandaro Basa, his father, was head of the Ministry of
Education and Culture's education and public information inspectorate
in Mataram from 1956 to 1966, and Sofiah Amin, his mother, was a teacher.

"My father strictly instilled in me the importance of religion and
worship so that religious values have become my daily guide," Gamawan
said, adding that a leader should be the first to account for his
deeds in the hereafter.

"When I was nominated for the office of regent, I asked for my
mother's consent: She told me to ask myself whether I would benefit a
lot of people; otherwise I should just leave," he said. Gamawan said
his antigraft stance had been limited to only himself before he had
assumed the post.

"Like a tiny speck (of cleanliness) in the corrupt system, I had no
idea of how to effect change in policy until I rose to this position,
which has enabled me gradually to transform my administration," noted
the father of three, who is also known as something of a bookworm.

He acknowledges the difficulty of eradicating corruption in Indonesia
and believes it could take 10 years to 15 years to eliminate. It has
become firmly entrenched since the New Order regime, and "is now a
matter of long-term character rebuilding," he said.

The regent, who likes singing, has produced two albums of modern songs
in the local Minang language. He has frequently reminded his staff of
the need to work honestly, as taught by Islam, and while the
opportunity exists, to avoid regretting it later after retirement.

He once asked TII activists what could motivate people to shun
corruption: patriotism or a stringent system?

"We know that our system is lax and the function of religion is, in my
view, one of the main driving forces in the fight against corruption,"
he said.

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Berita 2:

Salut Pada Komitmen Gamawan
* Dugaan Penyimpangan Dilaporkan
Oleh Redaksi Jumat, 24-September-2004, 06:37:37 25 klik

Padang, Padek-Ketua DPC Gabungan Pengusaha Konstruksi Indonesia
(Gapeksindo) Kabupaten Solok, H Syafri Noor Dt Sati menyatakan salut
atas kepemimpinan Bupati Solok, H Gamawan Fauzi SH MM yang memiliki
semangat anti-Korupsi Kolusi dan Nepotisme (KKN).

H Gamawan Fauzi SH MM baru saja mendapat Bung Hatta Award dari Bung
Hatta Anti Corruption Watch (BACHA) bersama Saldi Isra SH MPA.

"Apalagi beliau baru saja mendapatkan penghargaan atas komitmennya
untuk memberantas korupsi dan membangun pemerintahan yang bersih,
yakni Bung Hatta Award," ujar Syafri Noor kepada wartawan usai
melaporkan beberapa kasus dugaan KKN yang ada di Dinas Kimprasda
Kabupaten Solok ke Kejati Sumbar, kemarin.

Hanya saja, beberapa dinas belum komit melaksanakan semangat bupati. "
Contohnya Pelaksanaan Lelang Pekerjaan Pengadaan dan Pemasangan Pipa
PVC 160 MM dan Accessories di Kecamatan Bukitsundi, negara dirugikan
sekitar Rp500 juta," papar Syafri.

Dikatakannya dalam laporan perihal penyalahgunaan wewenang, nomor
15/PT-PA/VIII/2004 atas nama PT Pincuran Ameh, pelaksanaan pelelangan
tidak sesuai dengan pasal 8 UU No 18 Tahun 1999. Keppres Nomor 80
Tahun 2003 dan Kepmen Kimpraswil No 339/KPTS/M/2003 Tanggal 31
Desember 2003.

Juga dilaporkan, pelaksanaan lelang kegiatan rehabilitasi jaringan
irigasi sebanyak sembilan paket.

"Niat baik bupati yang sudah gencar mengkampanyekan anti KKN dijadikan
perlindungan sehingga pihak panitia makin keenakan bermain," ujarnya.

Sementara itu, di tempat terpisah, Bupati Gamawan Fauzi menyatakan
komitmen untuk memberantas KKN dan melaksanakan good governance.

"Memang terasa sulit. Pelan-pelan tapi pasti. Persoalan tender ini
selalu jadi masalah dan akan dibangun sistem yang akan menutup
kemungkinan KKN," ujarnya.

Dikatakan Gamawan ketika hadir di Carano Room Harian Pagi Padang
Ekspres Rabu (22/9), soal proyek ini sangat sulit. "Rekanan harus
komit untuk tidak memberi. Kalau ada yang kedapatan, tentu saja
ditindak," tutur Gamawan.

Saat ini, Gamawan sudah menjatuhkan sanksi kepada 23 aparaturnya. 10
aparatur ada yang diberhentikan sesuai dengan aturan yang berlaku.
Komitmen ini tentu saja harus menjadi kabar petakut bagi aparatur yang
melaksanakan tugas.

"Bisa dilihat, mana perusahaan yang selalu menang, selalu dapat
proyek. Jadi, tindak lanjutnya haruslah membangun sistem yang bersih
oleh semua pihak," jelasnya.

Akan Diprioritaskan

Sementara itu jajaran Kejaksaan Tinggi (Kejati) Sumbar akan menelaah
laporan kasus PT Pincuran Ameh, mengenai dugaan penyimpangan
pelaksanaan pelelangan. Untuk menentukan apakah kasus tersebut
terdapat unsur pidana atau tidak, Kejaksaan akan segera
memprioritaskan laporan tersebut, dan menentukan sikap
dalam satu minggu.

"Setiap laporan yang masuk, akan kami telaah sebelumnya. Untuk
mengetahui apakah laporan tersebut memenuhi unsur tindak pidana atau
tidak. Telaahan tersebut akan sampai ke meja Jaksa Tinggi, dan kami
akan memberikan sikap secepatnya, apakah bisa diteruskan pada operasi
intelijen atau tidak, ujar Wakajati Sumbar, RJ Soehandoyo SH kepada
koran ini Kamis (23/9) seiring dengan masuknya laporan pengaduan dari
Ketua DPC Gabungan Pengusaha Konstruksi Indonesia (Gapeksindo)
Kabupaten Solok, H Syafri Noor Dt Sati kepada Kejati Sumbar, Rabu (22/9).

Dikatakan Soehandoyo, laporan pengaduan oleh pelapor tersebut mengenai
dugaan penyalahgunaan wewenang oleh Panitia Tender dalam menetapkan
pemenang lelang.

Dalam laporan tersebut, pelaksanaan Lelang Pekerjaan Pengadaan dan
Pemasangan Pipa PVC 160 MM dan Accessories di Kecamatan Bukitsundi
diduga terjadi persengkongkolan antara Panitia Tender dengan Direktur
Perusahaan pemenang lelang, dimana diduga negara dirugikan Rp500 juta.

"Dalam laporan nomor 15/PT-PA/VIII/2004 atas nama PT Pincuran Ameh,
pelaksanaan pelelangan tidak sesuai dengan pasal 8 UU No 18 Tahun
1999. Keppres Nomor 80 Tahun 2003 dan Kepmen Kimpraswil No
339/KPTS/M/2003 Tanggal 31 Desember 2003. Juga dilaporkan, pelaksanaan
lelang kegiatan rehabilitasi jaringan irigasi sebanyak sembilan
paket," urainya.

Pelapor yang didampingi penasehat hukumnya, Fauzan Zakir SH dan Sutomo
SH dari Kantor Hukum Ade Waldemar Partners, juga memohon agar pihak
Kejati mengusut kasus tersebut dan berharap membatalkan pemenang
lelang Pekerjaan Pengadaan dan Pemasangan Pipa PVC 160 MM dan
Accessories serta 9 paket pekerjaan rehabilitasi jaringan Irigasi
Besar (NSIASP).

Serta mengusut oknum Panitia Tender yang diduga menyalahgunakan
wewengan dan diduga merugikan keuangan negara. (hry/vin)

---------------------------------------------------------------------
Berita 3:

http://www.tempointeractive.com/majalah/jap/law-1.html

Leading the Way

Several regions have enacted legislation aimed at bringing about clean
governance and transparency. But will the central government follow suit?

THE Solok district in West Sumatra has been struck by the spirit of
reformation. Last year, Solok enacted regulations designed to
guarantee clean governance and transparency. The regulations prohibit
high-ranking government officials from receiving bribes or `unofficial
bonuses' from other parties. "In accordance with these regulations, no
person is permitted to receive unofficial funding or bribes. Any
person found guilty of involvement in such transactions will face
litigation," said Solok Regent, Gamawan Fauzi, commenting on Regional
Government Regulation No. 5/2004 on Transparency in Government
Coordination and Public Participation.

Fauzi is determined in his crusade. Since the regulations were
enacted, 38 government officials have been sanctioned—ranging from
fines to demotion. "This is the realization of clean governance based
on the public interest," explained Fauzi.

However, the spirit of reform is not merely a recent phenomenon in
Solok. In 2001, regional provisions were enacted prohibiting the
regent, deputy regent and regional secretary from becoming involved in
the project tender process. Under those provisions, all project
tenders were to be supervised by the project leader. These provisions
were also incorporated into Regional Government Regulation No. 5/2004.

Under this regulation, project contractors are prohibited from meeting
with government officials and all payments are made directly to the
regional government treasury. "We have eliminated face-to-face
meetings in order to eliminate the risk of bribes taking place,"
explained Fauzi. Any person found guilty of violating this provision
faces a maximum penalty of six months in prison or a Rp5 million fine.

Fauzi is convinced that the new regulations will be effective in
combating governmental bribery. He also vouched that the regulations
will stay in effect following his retirement. "The Regional House of
Representatives (DPRD) and the public will supervise the [new] regent.
Why would the public want to revoke a government policy designed to
eliminate corruption?" Fauzi assured.

In the meantime, the Solok Regional Government is faced with the
arduous task of socializing the legislation. This process involves
explaining the legislation to the wider public. According to former
Solok DPRD Speaker, Saaduddin, members of the DPRD will carry out a
hands-on socialization process at the district and village levels. "We
have invited members of the public and social organizations to our
board meetings," said Saasusin, who recently retired from his position.

Separately, the Magelang Regional Government in Central Java has also
been touched by Solok's spirit of reform. Six months ago, Magelang
enacted similar regulations—Regional Government Regulations on the
Public Consultation Mechanism. "The problem with the regions is that
these regulations already exist, but they have not been socialized.
This obstacle is technical and linked to the limited budget," said
Magelang DPRD member representing the National Mandate Party (PAN),
Basuki Rachmat.

Nevertheless, the Magelang DPRD is optimistic that the socialization
process will run smoothly. They have invited people representing
various elements in society to study the regulations. "Members of the
public, social organizations, public figures, humanitarian
organizations and even village communities are all welcome. It is up
to them to take the initiative," said Rachmat.

Following Solok's lead, the basic principle behind Magelang's
regulations is transparency. Pursuant to these regulations, the
regional government and the DPRD are obligated to give access to
information to all parties who require information. This information
can be accessed through the secretariat, the regional government
public relations department, or other departments authorized to extend
access to information. "Maybe later, information will also be posted
on the Internet," Rachmat speculated.

Rachmat brushed aside concerns that these regulations might be opposed
by government officials, claiming that members of the DPRD and the
regional government should not worry about the implications of the
regulations, since they should already be clean, transparent and
accountable to the public. "This is a necessity. All members of the
public should help supervise the work performance of regional
government and the DPRD. Hopefully transparency and public
accountability will become the cornerstone of serving the public
interest," he added.

Magelang Regent, Singgih Sanyoto, supported Rachmat's claims.
According to him, the government should be accountable to the public.
"It is in the public interest that the government is accountable to
the people, I hope that the public even becomes involved in
supervising project tenders," said Sanyoto.

Similar calls for greater government accountability and transparency
have swept through the district of Lebak in Banten, West Java.
However, Lebak Regent, Mulyadi Jayabaya said that the Banten DPRD
initially expressed opposition to the movement. "The regional
government regulations that we proposed in February were only approved
in June. Indeed, many people are unhappy about the idea of regional
government being accountable to the public," said Jayabaya.

According to Mulyadi, governmental transparency is non-negotiable.
"Transparency is the only way to achieve a clean and just government,"
he said. The Lebak Regional Government is currently forming a
Transparency Commission to supervise application of the Regional
Government Regulations on Transparency. "The Transparency Commission
will be established following two months of socialization of the
regulations," Mulyadi added.

Government officials and DPRD members may be inspired by this new wave
of reformation, but members of the public remain skeptical about the
ability of the regulations to guarantee clean governance. Sobari, a
resident of Lebak, expressed skepticism about the recently enacted
regulations. "There are already so many supervising commissions in
this country, but corruption is still rampant. I hope the Transparency
Commission not only provides information, but also has the authority
to take action against corrupt officials," he said.

In the meantime, the district of Gowa in South Sulawesi has also been
consumed by `transparency fever.' In early August, the Gowa DPRD
approved the Regional Government Regulations on Transparent
Governance. Unfortunately, these regulations have not been socialized,
although the Gowa Regional Government has already formulated a plan to
socialize the regulations.

According to the head of the legal department at the Gowa Regional
Government, this socialization process will be carried out using a
hands-on approach. "The method will involve holding meetings with
public organizations," said Alauddin. Alauddin also explained that the
regulations had been copied and stored in the village and district
archives in the spirit of transparency. "This will enable members of
the public to access the regulations whenever they want," said Alauddin.

Alauddin believes that the regional regulations on transparency will
become the legal grounds for the public right in gaining access to
information. "All information about the governing process and
administration of regional funding will be accessible providing it is
in the public interest," Alauddin promised.

The legislation was formulated by the Gowa DPRD, with the support of
the World Bank and other foreign donor organizations. "The Gowa
District is one of 15 districts in Indonesia to have been chosen to
implement the Initiatives for Local Governance Reform program,"
explained Alauddin.

According to chief of the Special Committee on the Transparency
Legislation at the Gowa DPRD, Achmad Bachtiar, the regulations ensure
that any governmental implementation of public policy must involve
members of the public. "It is no longer justifiable to cover up
information which concerns the public interest," he said.

Taking the process of formulating the regional budget as an example,
Bachtiar said that the public must be asked for input on development
priorities and fund allocations. "All projects must be listed in the
regional budget. And all projects listed in the budget will be carried
out," vouched Bachtiar.

Gowa Regent, Hasbullah Djabar, also expressed support for the new
regulations. "The Regional Government Regulations on Transparency
constitute the legal grounds for the public right to access public
information, and will encourage public participation in the public
policy making process," said Djabar.

In the meantime, Professor Bambang Bintoro Soedjito, a consultant for
the National Development Planning Board (Bappenas) Regional
Development Planning department, supported the wave of reform that has
spread throughout the regions. Soedjito now hopes that central
government can follow this regional initiative to bring about a clean
government. "Central government has been slow to respond to regional
demands for a clean government, and will soon be forced to deal with a
wave of regional uprising [against corruption]," he said.

Soedjito also warned central government from falling too far behind
the regions, arguing that any central government programs that
conflict with regional government policy will reach stalemate.
"Whether they like it or not, central government will be forced to
change," Soedjito said.

Ahmad Taufik, Irmawati (Makassar), Faidil Akbar (Banten), L.N.
Idayanie (Yogyakarta), Febrianti (Padang)



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