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Policy Brief

INSTITUTION OF THE SOCIAL WELFARE ORGANIZATION

IN INDONESIA

CHAPTER I INTRODUCTION

A. Background and Object

Social welfare development as was avoidable form in the existence of state and nation. In Indonesia social welfare development was instructed by The 1945 Constitution of The Republic of Indonesia. In this case The Preamble of The 1945 Constitution of The Republic of Indonesia explain that one of the aim of state is to improve public welfare with the base on social justice among them. Like wise in some articles of The 1945 Constitution of The Republic of Indonesia confirm and clarifies that the social welfare development very importance and the state take a part a significant role inside. In this case can be found among them in the Article 27 paragraph (2) : “Every citizen shall have the rights to work and to earn a humane livelihood”; Article 28H paragraph (3) : “Every person shall have the right to social security in order to develop oneself fully as a dignified human being”; Article 34 paragraph (1) : “Impowerished persons and abandoned children shall be taken care of by the state”; paragraph (2) : “The state shall develop a system of social security for all of the people and shall empower the inadequate and underprivileged in society in accordance with human dignity”; paragraph (3) : “The state shall have the obligation to provide sufficient medical and public service facilities”.

Implementation of the above stipulation of The 1945 Constitution of The Republic of Indonesia spelling out (converted) in some regulations, such as The Act Number 11 of 2009 on Social Welfare, The Act Number 4 of 1979 on Children Welfare, The Act Number 7 of 1984 on Ratification of The Convention On The Elimination Of All Forms Of Discrimanation Against Women, The Act Number 8 of 1985 on Social Organization, The Act Number 13

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of 1997 on Elderly Welfare, The Act Number 3 of 1997 on Court Child, The Act Number 5 of 1997 on Psychotropic, The Act Number 22 of 1997 on Narcotic, The Act Number 39 of 1999 on Human Right, The Act Number 11 of 2005 on Ratification of The International Covenant on Economic, Social and Cultural Rights, The Act Number 40 of 2004 on National Social Security System, and The Act Number 32 of 2004 on Local Government.

Beside the regulations mentioned above, there are also undirectly regulation by sector which deriving form or implementation of the determination of The 1945 Constitution of The Republic of Indonesia the above mentioned, but have a strong connections and relevances such as The Act Number 19 of 2003 on State-Owned Enterprises (SOEs) and The Act Number 40 of 2007 onLimited Company. Both of this act regulated the role of the corporation to take responsibility in developing social welfare in the form of Corporate Social Responsibility (CSR) program, as awareness program of the corporate as well as state or private corporation to execute the strengthening any effects expedient or social assistance in the environment of the location of the said corporate.

The development of social welfare itself not only government policy but also depending to human rights. Because in the case of the poverty, for example : The National Strategy to Eliminating the Poverties document, stated that : “The poverty not have been only agreed as economic in capasity, but also have failed to fullfill fundamental right and the difference of the treatment for someone or a group of peoples, mens and women in his live as a human dignity. It is seem clearly that the approach of the fundamental rights being the main pillar in this case.

Teoritically, many states have took the action to develop social welfare by formulating the development program accordingly as a part of the economic development. There are comprehension that economic development and the social welfare development as the form of the sinergic. To promote the security of the social welfareat once the determination and correction to the market mechanism which often become the foundation of the economic

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development. Thus, there are needy which cannot be avoided to develop integration between economic development at once social welfare development. Some problems in the aims social welfare in many countries have been recognized internationally. Millenium Development Goals (MDGs) as one of the form initiative of theinternational communities to eliminate the above mentions problem. In this case Millenium Development Goals (MDGs) as the guidance for development in many countries. The aims of the said Millenium Development Goals (MDGs) containing the commitment of the international communities to develop of its vision of the development which consist of 8 (eight) points of agreement, e.g. :1. To eliminate the poverty and non ability of food;2. To achieve of the universal elementary education;3. To push up non discrimination of gender and empowering of

women;4. To eliminate the death childish;5. To growth the healthness of motherhood;6. Attachment of HIV/AIDS, dengue and others sickness;7. To assure the sustainable environment; and8. To growth the global partnership for development.

In Indonesia, policy of the social welfare development as theprimary government obligation under coordinating of the Social Minister. The mapping of the institution, organization which dealing with the social welfare development polities variously and complex. Almost every ministry have the programs of social welfare, for example : The Ministry of National Education, The Ministry of Cooperation, Micro, Small and Middle Entrepreneurship haves the same programs of empowering capasity of the small business or poorness peoples, etc. Not only government minister have that’s program, but State-Owned Enterprises (SOEs), also have the same program to empowering the social welfare which was called The Partnership of Establishing Environment (PKBL). Also include to the organization State-Owned Enterprises (SOEs)such as The Act Number 40 of 2004 on The National Social Security System (Sisjamsosnas), for example : The Limited Corporation of The Social Security for the Workers (PT. Jamsostek), The Limited Corporation of Savings Insurance for the Pension (PT. Taspen), The Limited Corporation of the Insurance

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for the Armed Forces (PT. Asabri), and The Limited Corporation of Health Insurance (PT. Askes).

In the private sector, according to The Act Number 40 of 2007 on Limited Corporation, specifically at the Article 74, stated that : “The corporate which has the activities in the field or related with the natural resources to execute for social and environmental responsibility or its known as corporate social responsibility and the budget should be covered as the corporate cost.

While in the context of civil society also enable seen various civil society organizations under The Act Number 8 of 1985 on Social Organization to carry out various activities in the field of empowering society for social welfare.

Various non government organizations (NGOs) execute the said activities, such as Migrant Care to empower migrant workers, Yayasan Walhi (Walhi foundation) for strengthening the society in balancing ecosystem of the environment and many others independent of labor union.

From the above stated actors of course there have been some problems such as overlap there programs among them, including how to execute social welfare respectively. That is why very importance to described the role of each institutions according with their construction and control, including the activities.

B. The Basic of Law1. The Preamble of The 1945 Constitution of The Republic of

Indonesia;2. The 1945 Constitution of The Republic of Indonesia;3. The Act Number 4 of 1979 on Children Welfare;4. The Act Number 7 of 1984 on Ratification of The Convention

On The Elimination Of All Forms Of Discrimanation Against Women;

5. The Act Number 8 of 1985 on Social Organization;6. The Act Number 3 of 1997 on Court Child;7. The Act Number 4 of 1997 on Disabled People;8. The Act Number 5 of 1997 on Psychotropic;

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9. The Act Number 13 of 1997 on Elderly Welfare;10.The Act Number 22 of 1997 on Narcotic;11.The Act Number 39 of 1999 on Human Right;12.The Act Number 23 of 2002 on Child Protection;13.The Act Number 32 of 2004 on Local Government;14.The Act Number 40 of 2004 on National Social Security

System;15.The Act Number 11 of 2005 on Ratification of The International

Covenant on Economic, Social and Cultural Rights;16.The Act Number 24 of 2007 on17.The Act Number 11 of 2009 on Social Welfare;

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CHAPTER II SOCIAL ACTIVITY HANDLING POLICY IN INDONESIA

A. Role of the State (Central, Regional, the Ministry and state Enterprise)

In principle, social welfare is the fulfillment of material needs, spiritual, and social citizenship in order to live decent and able to develop themselves, so it can perform its social function. The main task of social welfare is part of the state obligations on one side and the right of citizens to fulfill their social welfare.

In the context of the state then there are various institutional involved in strengthening of social welfare. The aim of social welfare itself is based on The Act Number 11 of 2009 on Social Welfare include individuals, families, groups and communities who have no decent life in a humanitarian and social issues criteria namely: (a) poverty, (b) abandonment; (c) disability, (d) isolation, (e) homeless drifter and deviant behavior, (f) disaster victims, and / or, (g) victims of violence, exploitation and discrimination. In the program, the implementation of social welfare includes: social rehabilitation, social security, social empowerment and social protection.

At the macro level, the responsibility for the implementation of social welfare is the responsibility of central government and local government in which to center the responsibility of the social minister (Article 24 paragraph (1) and (2) The Act No. 11/2009). The responsibility of central government in general, among others, formulate policies and programs of social welfare, providing access to it, social rehabilitation, social security, social empowerment, and social protection in accordance with the provisions of legislation, encourage and facilitate community and business world in perform its social responsibility, setting standards of service, registration, accreditation and certification of social welfare services to allocate a budget for the implementation of social welfare from the State Expenditure Budget (APBN).

While local governments are divided provinces, districts and cities in general concerning the social welfare budget allocation of state revenues and budget expenditures, provide social assistance as a

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stimulant to the community, coordinating the implementation of social welfare programs to the licensing and supervision of the collection of donations and delivery of social assistance within their authority.

Government in the conduct of social welfare administration built through various strategies, for example in cases of poverty, in the form of three clusters in the first cluster includes assistance programs and social protection. The program of this cluster of basic services for the distribution of subsidized rice (raskin), health insurance (Jamkesmas), social empowerment of the family, poor, indigenous communities, other social welfare issues, social assistance to vulnerable people, victims of natural disasters and social assistance cash to households is very poor. The second cluster is the empowerment of communities through the National Independent Community Empowerment Program (PNPM Mandiri). This cluster consists of people who detached from the first cluster. PNPM covers Presidential Directive of Disadvantaged Villages (IDT), Fuel Subsidy Reduction Compensation Program (PKPS-BBM), Sub-districts Development Program (KDP), Urban Poverty Program (P2KP), Income Improvement Project for Small Farmers and Fishermen (P4K), Empowerment Economical Coastal Community (PEMP) and others. In this cluster provided assistance such as providing the "hook", not the fish, for the poor and nearly poor to be self sufficient community.

Poor people are already out or do not go from first and second cluster, designated the third cluster. They have a livelihood or business sufficient to finance the basic needs but needs of improvement. The programs in this cluster are assistance programs for the empowerment and development of micro and small enterprises in the form of capital or increase the capacity and the People's Business Credit (KUR).

In addition to Social Ministry, social welfare administration also carried out its role by the various ministries. In 2004 for example, the health ministry has various programs to tackle poverty from the perspective of health, among others: (1) the health card program with free health care for the poor, (2) Presidential Instruction Drug

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i.e. specific health facilities purchase drugs for the poor, and (3) supplementary feeding school children program (PMT-AS) which is providing nutritional supplements for school children residing in poor areas.

Ministry of National Education in 2004 to the present conduct various social welfare program of strengthening the provision of scholarships for students of elementary, junior high and high school; operational grants and literacy programs.

While the Ministry of Social Affairs itself has a related strengthening of social welfare programs among other social assistance programs for victims of natural disasters, social assistance workers; services for neglected children, the disabled, homeless, juvenile delinquents, drug victims and assistance for the elderly.

With regard to State-Owned Enterprises (SOEs) is set to The ActNumber 19 of 2003 on SOEs. In this provision, there are provisions regarding the involvement of SOEs to participate actively participate in social welfare through programs that can help small businesses and cooperatives. In Article 88 paragraph (1) of state stressed that the state corporation can set aside part of its net income guidance for small business/cooperatives and community development around the state corporation.

As a derivering of the provisions of Article 88 paragraph (1) of SOEs, the Minister for State Enterprises issued Regulation No. Per-05/MBU/2007 about SOEs Partnership Program With Small Business and Environment Program. In Article 1, item 6 and item 7 of Regulation of the Minister of SOEs is confirmed that the Partnership Program with Small Business Enterprises, hereinafter called the Partnership Program is a "program to improve the ability of small businesses in order to become strong and independent through the use of funds from the profit of SOEs". While the Community Development (BL) Program, hereinafter referred to BL Program is “a program of social conditions of society by the state through the use of funds from the profit of SOEs". Both programs above SOEs abbreviated as PKBL (Community Development Partnership Program).

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One of the state enterprises, namely Bank BNI for example, applying this PKBL program with the name "SOE Partnership Program with Cluster Pattern ‘Kampoeng BNI’ ". The program is held within the framework of implementation of Law No.19 of 2003 regarding the establishment of objectives for SOEs to foster Small Micro Medium Enterprises (MSMEs) through the Partnership & Community Development that the implementation procedure of referring to the PER 05/MBU/2007 with activities among others, BNI is cooperating with 18 universities for the supply of Credit Program and the Partnership as a companion to the SME PartnershipProgram carried out by a non-profit credit but it is a form of awareness of BNI to help Small and Medium Enterprises (SMEs), but at the same time as the development of SMEs to develop and subsequently after growing will be driven into a commercial business partner BNI.

Related to the social security system, under the provisions of The Act No. 40 of 2004 on National Social Security System so there are institutions such as (1) PT Workers Social Security (Social Security) of Government Regulation No. 36 of 1995 on Stipulation of Administering Body Program Labor and Social Security, The Act No. 3 of 1992 on Employees' Social Security. (2) Savings Fund and Employees State Insurance (TASPEN) Company (Persero), established by Government Regulation Number 26 in 1981 on Transfer of General Fund Savings and Insurance Companies Become Civil Servants (Persero), The Act Number 11 of 1969 on Employee Pension and Retirement Widow/Widower Employees, The Act No. 8 of 1974 on the Principles of Civil Service, as amended by The Act No. 43 of 1999 and Government Regulation No. 25 of 1981 on Social Insurance of Civil Servants; (3) Owned Company (Persero) Social Insurance, Indonesian Armed Forces (ASABRI), established by Government Regulation No. 68 of 1991 on Transfer of Public Corporation (Perum) Social Insurance of the Armed Forces of the Republic of Indonesia became a Limited Liability Company (Persero), (4) Limited Liability Company (Persero), Indonesia's Health Insurance (ASKES), established by Government Regulation No. 6 of 1992 on Transfer of Public Corporation (Perum) Bhakti Husada into Limited Liability Company (Persero).

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Fourth limited liability company upon in accordance with the role and focus of each do good for the health insurance underwriting, public servants, workers and retirees as well as the armed forces for being protected against the problems experienced by potential or experienced which can degrade the quality of social welfare. Of course various companies in the top below the SOEs are still very far from adequate to cover all issues related to social welfare programs for citizens.

B. Role of Private (Corporate)

Based on the provisions of Article 74 of the Limited Liability Company Act (Act No. 40 of 2007), stated explicitly that the corporate is running its business activities in the field and / or related to the natural resources required to implement social and environmental responsibility, or commonly known as Corporate Social Responsibility (CSR) and the budget should be calculated as the cost of the company. Beyond that manage natural resources for the company's CSR is not mandatory. Nevertheless, the historical roots in various countries is the CSR depart from the company's own consciousness, especially in addition to the motivation of philanthropy, as well as forming the image or branding image of company thus considered to have high social responsibility in the sight of consumers in particular and society in general.

It must be admitted that the role of CSR of the company whether it will have a positive impact for society or not, are also highly depends on the orientation and capacity of other institutions, especially government. Various studies have shown, the success of the CSR program has been precisely related to the synergy of cooperation companies, communities, and government. Triangle that role allows the integration of all stakeholders' interests or program development. CSR is not uncommon even become a kind of meeting point between the issues of concern to the company, the real interests of local communities, and local government programs within the framework of regional development. For Indonesia, the

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implementation of CSR requires the support of local government, legal certainty and guarantee of social order.

C. Role of Social Institutions

Under the provisions of Act No. 11 of 2009 on Social Welfare formulated that each institution that carries out social welfare must register to the ministry or agency in the social sector in accordance with the authority and at the same time both the central and local governments must register the institution that carries out social welfare. Even according to Minister of Social Affairs Regulation No. 108/Huk/2009 of Certification for Professional Social Workers and Social Welfare Workers require not only institutional but related resources for certified social worker and thus have the qualifications and competence to deal with social problems. Simultaneously on the other hand, ensure the public receive quality services from professional social workers and social welfare workers. There is also a test of competence referred to in the provisions concerning the knowledge, skills and values.

Social institutions that perform social welfare functions are diverse and still governed by old rules, namely Law No. 8 of 1985 on Social Organization.

Social institutions in the form of social organization itself is diverse, there is such a law-based Legal Aid Institute (LBH), based on labor protection, such as Migrant Care, some are based study of social empowerment as IRE Yogyakarta and there are also religious based such that Dhu'afa Wallet handle the collection and distribution of zakat, infaq and shodaqoh.

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CHAPTER III GENERAL ANALYSIS AND GENERAL INSTITUTIONALIDENTIFICATION

In general, as the umbrella of the implementation policy of social welfare contained in The Act Number 11 of 2009 on Social Welfare. In this Act, the focus of government policy is in the implementation of social welfare including social rehabilitation, social security, social empowerment and social protection. However, the dimensions of the implementation of social welfare are so large that collide with the various relevant legislation, such as legislation in the employment sector, health, land, etc.

In the other hand, the implementation of social welfare was the fulfillment of human rights in the sector of economy, social and culture(ECOSOC). This is as the consequence of Indonesia whitch had ratified the International Covenant United Nation of Economic Rights, Social and Cultural Rights (Act No. 11 of 2005), Indonesia has an obligation to report to the UN Committee on ESC Rights to deliver related policy programs of the fulfillment of economic, social and cultural (ESC). Including related institution that handling social welfare problem as the instrument for the implementation of the fulfillment of ESC Rights.

The following subjects will describe the relation macro framework between the legislation and related institution of social welfare completion.

1. InstitutionalAs has been described previously, the development of the implementation of social welfare undertaken by various actors with the strategy and their each roles on the three stakeholders which are the state (central, regional, ministries and SOEs), private (corporate) and civil society (in the form of community organization). It all based on various independent legislations and impact do not take the Act No. 11 of 2009 on Social Welfare as a guide.

The implication, every institutional actor has own programs, targets and each policy that is not always in tune and harmony. However, there are efforts on certain things, such as poverty reduction to create institutions that can make a good coordination, harmonization and synchronization.

The Presidential Decree No. 15 of 2010 on Acceleration of Poverty Reduction, became the basic of the establishment The Accceleration

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of Poverty Reduction National Team Institution. There are four purposes of this policy: (1) to eliminate the burden of expendituresof the poor people, (2) to improve the ability and income of the poor people, (3) to develope and ensure continuity of the Micro and Small Business, and (4) synergize the policy and poverty reduction programs. Membership of this team involves various stakeholders from government, society, business world and other stakeholders. The team is lead by the Vice President and involving various ministries including the Minister of Home Affairs, Minister of Finance, Minister of Education, Minister of Social Affairs, Minister of Cooperatives and Small and Medium enterprises, the head of the Central Statistics Agency (BPS) and other stakeholders which will be defined later.

In the legal perspective of policy, there are legal implication with its complexsity by sector crossing in. For example, one of the requirements to be asessed socially prosperous is if someone has a proper job. In the Act No. 11 of 2009 on Social Welfare there are provisions which stated that it is need to provide access for job opportunities and to get a proper job. The availability of proper jobs is related to the policies on the provision of The Act No. 13 of 2003on The Employment which the government has a role to establish labor policy and expansion of job opportunities by involving the people society. To this context, the government has implementing various programs for the strengthening of employment ranging from facilitating the labor exchange and establishes various training centers (VTCs). Thus, the provision of social welfare legislation (Act No. 11 of 2009) does not independent, it is a holistic that supported by relevant legislation.

Thus the correlation of social welfare issues with health policy. For the poor people should have been guaranteed to get a good health service. The provision of good health care insurance provided in The Act No. 36 of 2009 on Public Health. In fact, in this regulationwas included government budget obligation from the State Expenditure Budget (APBN) and Regional Expenditure Budget (APBD) at least five percent (for the center) and ten per cent (for the area) outside the salary to be prioritized for provision of health care for poor people (Article 171 of The Act No.36 of 2009).

In the subject of social welfare completion, for example in dealing with the poverty, not just related to the job opportunities and good health, it also related to land ownership access. Hernando De Soto in “The Mystery of Capital” explained that one of the problems of

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poverty that need to be addressed is access to the status of land ownership so that land can be used as productive capital assets. Tothat said context then there are close relation between poverty completion with the provisions of The Act No. 5 of 1960 on Basic Regulation of Agrarian Affairs. In the provisions it is set about rights of land that has a social function and the ownership and land tenure exceed the limit are not allowed. Generally, poverty of access to land ownership status is also offset by excessive land tenure practices that encourage the policy of land redistribution (land reform). Legally, there is Act Number 56 PRP of 1960 on Establishment of Agriculture Land, there is confirmation of land ownership restrictions agriculture, but in practice, this provision often can not be enforced for political influence.

Social ministries in the implementation of social welfare policy, should be placed as a coordinator and policy-related coping strategies of social welfare policies. However, as previouslydescribed, in practice was not so. Each of the ministries, state enterprises, private and non-governmental organizations hasseparate programs and goals are often not coordinated with social ministry.

In the above context, socially politically, there are sectoral institutional ego that often must be explored solutions. Social Ministry should be empowered to take a role in coordination, synchronization and integration of movement strengthening the implementation of social welfare. This is supported also by the map of social welfare issues (POM) as a data base that will formulate policies accordingly. In addition, with the already rising of Public Disclosure Act Number 14 of 2008 on Transparency and Access to Information is an important thing to be done by all agencies participating and organizing social welfare so that guaranteed its public accountability.

Although for the activities of community organizations, social ministry has a significant role because those are under the provisions of The Act No. 11 of 2009 on Social Welfare, community organizations who want to carry out social welfare have an obligation to register on the ministry or agency in the social sphere according its authority. Community organization in question must have a license, accredited and responsible to the Minister of Social Affairs, the Governor, and Regent / Mayor in accordance authority. Related to this question, published various regulations such as the Joint Decree of the Minister of Home Affairs and Minister of Social

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Affairs No. 78 of 1993 and No. 39/HUK/1993 on Development of Social Organizations/Non-Governmental Organization. In this provision stated that the coaching community social organization meant to develop and utilize the role of nongovernmental organizations or social organizations. The coach of social organization or NGO is the Minister of Home Affairs and Minister of Social Affairs. There is a duty of coordination and communication among non-governmental organizations or social organizations with the Minister of Home Affairs and Minister of Social Affairs.

Thus, there is Decision of Ministry of Social Affairs No. 40/HUK/KEP/X/1980. On the social organization in this provision there is the arrangement of such organizations should have the Deed and the Deed of Establishment of the following statutes/bylaws, working capital. There is coaching from the social ministries, can be a deliberation, education and training and providing financial aid. There is oversight in steps of starting Minister of Social Affairs to the Governor, Regent / Mayor. Inaddition there are restrictions that must be observed such as the ban received foreign aid without an appropriate manner with legislation. If community organizations violating this provision may be penalized until the dissolution of the organization.

There are some critical things that need to be observed from the above social minister's decision. First, rising above social minister's decision was in 1980 in which the potentially authoritarian regime so that there are opportunities in the provisions on self-reliance and independence of social organizations or non-governmental organizations of government intervention. Second, in terms of substance, the material should be technical ministerial decision of legislation, not to include sanctions. Sanctions should be stipulated in the Act or Regional Regulation.

Related certifications for social workers who carry out the implementation of social welfare, the Ministry of Social Affairs has issued Regulation No. 108/Huk/2009 on the Certification for Professional Social Workers and Social Welfare Workers.

2. ProcedureAs already mentioned in previous description that each of the ministries, state enterprises, private and non-governmental organizations has programs and activities related to the implementation of social welfare. Ideally, The Ministry of Social Affairs constitute the main lines and coordinator related social

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welfare policy. But in practice is different there are various programs concerning the implementation of social welfare which have executed without coordination with The Ministry of Social Affairs. Thus, in the future it is need to have legislation, ideally The Ministry of Social Affairs in valve in the revision of social welfare legislation, particularly as the competent agency to present the related map issues of social welfare.

In practice, both at central and regional levels, often the shoulder strep of social welfare issues (PMKS) are not getting the empowerment of a balanced across regions and within regions with the government and the private sector for example. Many cases that a diverse community of people possible to help overcome poverty. Meanwhile, in other communities who also need assistance even cannot lack of adequate assistance.

For non-government organizations who want to make the implementation of social welfare it must first have a license, accreditation and completeness as an institution (deed of establishment, working capital and so on). Ministry of Social Affairs based on Social Welfare Act No. 11 of 2009, it can impose sanctions to the social organization that violates the relevant provisions, such as licensing.

By legislation, regulation relating to the process of the establishment of an act (national regulation) and local regulations (perda) shall start from the provisions of Article 20, Article 20 A, Article 22 A, Article 22 D of The 1945 Constitution of The Republic of Indonesia, The Act Number 27 of 2009 on the People's Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD) and The House of Local Representatives (DPRD), The Act No. 10 of 2004 on Establishment of Legislation and Standing Orders of the House Representative.Standing Orders DPD and the Discipline of Parliament in various regions.

Related to the implementation of social welfare policy itself ultimately comes down to the legislative process to set out in legislation. Legislative process can be shared national and regional.Nationally, a process of filing a bill may come from the President and the Parliament or the Regional Representatives Council. If the President, then a bill submitted to parliament and then conducted a plenary session to deliver the bill referred to the submission of the mandate of the president (ampres) by the President in plenary

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session. Then later addressed by members of Parliament. Conversely, if the bill is an initiative of the House it will be submitted to the President for later in the plenary session, the House will deliver an introduction to the draft of law referred to, which was attended by the president. Similarly, the same thing when asked by DPD. Before in the process of filing the bill, at the beginning of the trial, should be prepared in advance of national legislation program (Prolegnas) where the president and the parliament held a meeting to discuss what bills to be proposed and discussed in five years and per year. Then arrange the sequence so that the discussion will be easy. In Parliament institutions, the discussion of a bill is divided into two phases namely the discussion of level I and level II discussion. At the level I was divided from the beginning of the discussion related to the views of both the House bill, the President or the Council and also formed Entry List Problems (DIM) and discussed, can be in the form of appointed Commission, the Special Committee and so forth. At level II, the discussion is to discuss the results at the level I for approval or not in the session of the House of Representatives to become law. Agreement made with the House and the President.

In the local legislation, a draft of local regulations may be submitted by the regional heads and parliaments. The process is similar to the center, there is delivery of the draft regulations by the regional heads in plenary session (if the proposal of the regional head) and delivering draft regulations by the Parliament in plenary session which was attended by regional heads. Then conducted a discussion that can be formed working committee or special committee to conduct various forums such as a hearing, both with local governments, public or stakeholders. Agreement local regulations must be made together between the regional head and the local chief parliament. In addition, as also at the center, the region must first develop local legislation program (proglegda) within five years and one year as a benchmark in terms of any draft which will be discussed during the period.

In the legislative process which has two characters namely the political process as well as the legal process then certainly the negotiations and the various conflicts of interest is the dynamics. Thus, the public interest is often not enough left to MPs but civil society itself should also oversee and advocate for the said policy.

At the center is now under discussion on the draft law organizing social security agency (bill BPJS) as the implementation of the

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mandate of the National Social Security System Law (Bill SJSN). In the discussion of the bill are crucial issues related BPJS fusion plan which organizes social security SOEs as far as PT. Askes, PT.ASABRI, PT. Taspen and PT. Jamsostek. The plan will lead to the dynamics of fusion associated with the capital so far, claims or interests of third parties, transparency, efficiency and accountability. In the the center also discussed the bill that would regulate the institutional of Poor Indigent handling of poverty, strategies and policies as well as central and local responsibility. In addition, at the same time also discussed the Bill Zakat Management, Infaq and shodaqoh who oversee the implementation of Islamic participation in rolling the funds for poverty and social problems.

In the areas, there are many areas that already have regulations related to social problems, such as in Semarang there are regulations about the handling of poverty. In Bogor there areregional regulations regarding with the shoulderstrep of the People with Social Problems. In Makassar also there is regulation onPoverty. In the various regional regulations defined set of institutional governance as coordinator function, and policy general labor and social services (DISNAKERSOS), how the policies set forth in the mechanisms of social assistance, facilities, funding related to public participation.

In the implementation, effectiveness of legislation related to social welfare in the context of national and regional relationships often face various obstacles. First, coordination and insufficient communication between central and local government agencies as well as the absence of such a center of information (information center) to find out the problems of social welfare in local area. Second, the issue of inadequate budgetary policies so that less support basic infrastructure such as lack of training centers, rehabilitation centers and social institutions. Third, urban and rural development gap, giving rise to high urbanization and city government makes it difficult to do comprehensive settlement.Fourth, the issue of organizational structure. In various regions, social services coupled with local labor, but that despite their relevance and focus of different specifications so that social services should be institutionalized by strengthening self-sufficient human resources, especially regarding the social worker.