Volume 6, Issue 4 (2024)
pos 2024, 6(4): 39-65 |
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Mirahmadi F S. A Comparative Study of the Laws of Administrative Divisions in Islamic Republic of Iran and Republic of Indonesia. pos 2024; 6 (4) :39-65
URL: http://psp.modares.ac.ir/article-42-76077-en.html
URL: http://psp.modares.ac.ir/article-42-76077-en.html
Tehran University, Assistant Professor of Political Studies Office, Islamic Parliament Research Center Tehran, Iran , fsmirahmadi@yahoo.com
Abstract: (1121 Views)
Introduction
IntroductionAdministrative divisions refer to the territorial organization of the country space in a hierarchical manner, which is formed by dividing the land into smaller units along with layers of local government. Since the present situation of administrative divisions in Iran is facing challenges that pose obstacles to the realization of sustainable development and security, and considering the emphasis of the second, fourth, and fifth development plans on reforming the administrative division system, it is necessary to properly identify the weaknesses of this law and make necessary efforts to fix them and turn them into opportunities. To this aim, it can be helpful to review the laws of other countries regarding territorial organization. The present article provides a comparative study of the administrative divisions’ laws of Iran and Indonesia and seeks an answer to the following question: according to the laws of the two countries, based on which indicators and through which processes are the political units established, and how are the responsibilities and authorities distributed among the levels of local government?
Methodology
The present study is an applied research. A descriptive-analytic method and a qualitative approach were used to compare the administrative divisions’ laws of the two countries. The research data are composed of the legal documents of two countries regarding the system of administrative divisions. The data is collected through library method.
Results and discussion
In the Iranian division system, the quantitative indicator of "population" is dominant in developing and promoting the levels of administrative divisions. Other indicators mentioned in the law (position, homogeneity, sphere of influence, etc.) have not been defined, and no standard criterion has been presented for their measurement. In the Indonesian legal system, two categories of basic and administrative requirements (indicators) have been specified for the establishment of preliminary regions which, after passing the preliminary period, change to a new political region according to the approval of the law. The basic requirements (territorial and regional capacity) are the indicators that a geographical area must possess to promote the level in the division system. The important point is that these indicators have been defined, and their measurement criteria have been specified. Placing these indicators together, a diverse and multi-dimensional set of features is created that a geographical region must possess to be promoted in the division system. The outcome of these features is that a new administrative unit is developed when it has the necessary capabilities for self-reliance. Administrative requirements are, in fact, the prerequisite for starting the process of considering the creation of a political unit in the Indonesian government and parliaments. It shows that one of the indicators required for establishing new administrative units is a serious request on the part of the people, which is approved by the local parliament, the mayor/regent, the provincial parliament, and the governor.
The law of Iran has deferred any abstraction, annexation, conversion, creation, and integration, as well as determining and changing the center and the name of the units of administrative divisions, except for the province, to the proposal of the Ministry of Interior and the approval of the Cabinet of Ministers. The process of establishing political units in Iran is a top-down process. The law does not specify anything about the different stages of this process. In Indonesia, however, provinces and cities/regencies are established by passing laws. Also, any changes in the borders of the regions are regulated by law. Nevertheless, the change in the name of the region, the naming and renaming of a part of the land, the transfer of the capital, and the renaming of the capital are determined by government regulations. The characteristic feature of the Indonesian legal system in this regard is that prior to passing any law about establishing a political unit, a preliminary area must first be created for a trial period (three years) according to government regulation. During this preliminary period, the prerequisites for establishing a new province and regency/city should be provided (e.g., infrastructures, human resources, etc.). During this three-year preliminary period, the government evaluates the status of the preliminary region, and if approved, the new political unit is established according to the law by presenting a bill to the parliament. The law describes the process of creating a new preliminary region at the level of the province, the central government, and the parliaments step by step until the law is approved for establishing a new province or regency/municipality.
Iranian Law of Administrative Divisions adopts a place-oriented approach to political divisions. In other words, the law focuses on the way the land is divided without providing a description of how to manage the division levels. The mentioned law lacks provisions regarding the separation of national affairs from local ones, the responsibilities and authorities of divisional levels, coordination and communication with the central government, etc. In contrast, the Indonesian law of regional government has a space-oriented approach. In this law, regions are viewed as a geographical space with all its contents and relationships. The discussion of establishing new administrative units constitutes only one chapter of the law, and the rest of the law is a detailed description of how national affairs are separated from regional and local ones, the responsibilities and authorities of the central and regional levels, and other issues related to the management of political units, including regional finance, structure and organization, and performance monitoring.
Conclusion
The Indonesian law of regional government has some features that have negative consequences for this country; for instance, the bottom-up process of establishing political units has led to the uncontrolled proliferation of political units, resulting in spatial fragmentation, which has negative developmental consequences, and its pure imitation is not recommended. However, reviewing this law reveals that in order to reform the administrative divisions system of Iran through the approaches taken by laws of the fourth (Article (73)), fifth (Article (186)), and seventh (Article (105)) five-year development plans of the Islamic Republic of Iran, it is necessary to amend the Iranian Law of Administrative Divisions so that first, the levels of administrative divisions, including the position of the city in the division system, indicators for establishing political units, and the process of creating political units are revised. Second, it should clearly divide the responsibilities and authorities between the central government and the local government levels, including municipalities. As a result, such a law must necessarily include how to choose/ appoint heads and managers of local governments, responsibilities and authorities of all levels of government, structure, and organization of local governments, how to finance the tasks delegated to local governments, how the central government supervises local governments, etc. Definitely, drafting a comprehensive bill on administrative divisions through such an approach, representing decentralized governance from an administrative and financial point of view, requires revising and merging the laws on definitions and regulations of administrative divisions, the municipal law, the law of city and village Islamic councils, and other relevant laws as of a comprehensive law. Such a law will provide a comprehensive and transparent picture of regional and local governance and, in fact, the way the provinces and their subordinate levels are governed.
Article Type: Original Research |
Subject:
Political Spatial Planning
Received: 2024/07/13 | Accepted: 2024/11/16 | Published: 2024/11/30
Received: 2024/07/13 | Accepted: 2024/11/16 | Published: 2024/11/30
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