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t least two challenges await the government following President Joko “Jokowi” Widodo’s recent announcement about the annulment of more than 3,000 problematic bylaws: explaining which regulations have been revoked and ensuring that local administrations abide by the revocations.

Earlier this week, Jokowi announced that the government would abolish 3,143 bylaws deemed counter-productive to economic growth, effective bureaucracy and the unity of the nation.

Although the majority of the annulled bylaws focus on economic investment, the list also includes some that are considered threats to community harmony. However, given that the Home Ministry has been unable to provide a list of the revoked bylaws, despite several requests, the public remains in the dark.

“What’s on the list? We still know nothing because it’s so difficult to access it,” Muslim feminist and scholar Musdah Mulia said.

She wanted to know whether the 400 problematic sharia-inspired bylaws that her organization, the Indonesian Conference on Religion and Peace (ICRP), has submitted to the Home Ministry are on the list.

“We have been fighting for years to make the government revoke sharia-inspired bylaws. I wonder if they have actually listened to our cries and are finally able to undermine intolerant groups in regions that back up all of those discriminatory bylaws,” she said.

Musdah is not the only one asking for details following Jokowi’s announcement. Feminist and human rights activist Nursyahbani Katjasungkana expressed similar concerns. “Did the government annul bylaws that discriminate against women and other minority groups? Komnas Perempuan [National Commission on Violence against Women] recorded 385 discriminatory bylaws against women. Does the list also include any of them?”

The recent annulment of the 3,143 bylaws came after Jokowi publicly instructed Home Minister Tjahjo Kumolo to do so in January when speaking before a national conference of university rectors in Yogyakarta. It did not take long for Tjahjo to act on the President’s instructions as he issued a circular mandating all regional leaders to comply with the President’s directive two weeks later.

The circular, dated Feb. 16, obliged regents and mayors across the nation to provide detailed reports on any regulation implemented in their regions that got in the way of effective bureaucracy, as well as investment, to their respective governors. At the same time, all governors were also required to submit similar details to the Home Minister.

The circular on the annulment of bylaws that obstruct bureaucracy and investment did not stop there. It further required all regents and mayors to submit monthly follow-up reports to their respective governors on how many problematic bylaws had been annulled, and likewise all governors must report to the Home Minister.

The government’s move to annul problematic bylaws complies with Article 250 of the 2014 Law on regional administration, which mandates local leaders to annul bylaws that limit access to public facilities, hamper economic activities or discriminate against people on the grounds of faith, ethnicity or gender.

To ensure Jokowi’s commitment to continue improving regulations at all levels, Cabinet Secretary Pramono Anung announced that, “should any regents, governors or local administrations enact similar bylaws [to those already revoked] in the future, the bylaws will automatically be annulled”.

However, despite praise from local administrators and regional lawmakers, questions remain on how the government will uphold such bold promises.

Various factors, from a lack of competence among officials and lawmakers in legal drafting to politicized religious teachings could lead to the continued issuance of discriminatory bylaws, which is predicted to grow after next year’s regional elections.

The risk of losing political support from radical groups in their constituencies has discouraged local leaders from meeting their responsibility to serve the people impartially. Some leaders have also refused to revoke discriminatory bylaws due to the expense involved in drafting them, amounting to between Rp 200 million (US$15,000) and 300 million per bylaw.

“The challenge for the [central] government now is whether it will really implement the 2014 Law on regional administration that also stipulates punishment for recalcitrant local leaders,” said Titi Anggraini from the Association for Elections and Democracy (Perludem).

Article 72 of the law allows the central government to issue official warnings to local leaders who do not comply. It can also oblige incompetent leaders to receive training on good governance before returning to their respective posts.

Tjahjo, however, dismissed that option, saying, “Well, I don’t think we can do that. The least that can be done is to ask for a revocation, a revision or a review if there is a bylaw that contravenes [central government] regulations or which sparks [public] concerns,” he said.
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