Implementation of Public Involvement Policy in Public Service:

Study on Licensing Service in South Tangerang City

Agus Nugraha

Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia

Keywords: Public policy, public involvement, and licensing service

Abstract: The government has been realized that public involvement is the key in creating quality public services,

especially on licensing service. For this purpose, a series of policies have been undertaken to ensure that

public or communities are involved in the whole range of public service process. Law Number 25 the Year

2009 on Public Service, mandates that the public should be involved in all stages of public service

especially in the formulation, discussion, and stipulation of public service standards. Besides, the public

should also be involved in the supervision and complaint of public service. The purpose of this study is to

describe the implementation of public involvement policy in public services, especially on licensing

services in South Tangerang City. The research method used is qualitative research method, with data

collection using documentation technique, observation, and interview. The results of the study indicate that

the public involvement on public service, especially the licensing service in South Tangerang City has not

been appropriately implemented. It is evidence of the lack of public involvement in the process of

formulation, discussion, and stipulation of licensing service standards. Besides, public participation in

supervision and complaint of licensing service in South Tangerang City is still meagre.

1 INTRODUCTION

Public participation has a vital role in government,

especially in the implementation of public services.

It is based on the idea that good governance is a

government that reflects the will and trust of

citizens. Thus, the public must participate actively in

the government and the implementation of public

services, from the stage of formulation,

implementation, supervision and even until the

evaluation. The urgency of public involvement in

public services is due to several reasons. First,

universally the existence of society (population) is a

requirement of the establishment of a country,

besides there are regions, governments, and

international recognition. The government as the

organizer and policymaker must realize that the

existence of society is an integral part of the state.

Secondly, constitutionally the 1945 Constitution

asserts that "sovereignty is in the hands of the

people and is carried out by the Constitution."

Sovereignty is the ultimate power, so it is clear that

the people rule and become king, while the

government only carries out the mandate of the

people Third, Law Number 25 the Year 2009 on

Public Service affirms that public participation in

public service delivery starts from the preparation of

service standards to evaluation and award. Fourth, in

the context of good governance, participation is one

of the principles and pillars for the government to

run effectively. Fifth, public participation is the

essence of democracy, namely government from, by

and for the people (RES Fobia, 2016)

Regarding public policy, currently, the

Government of Indonesia is actively promoting

public involvement in public services. It is reflected

in Law Number 25 the Year 2009 on Public Service

affirming that the public must participate in all

process of public service delivery. In addition, the

public should also be involved in the supervision

and complaint of public services. Furthermore, to

implement the law, the government issued

Government Regulation Number 96 the Year 2012

on the Implementation of Law Number 25 the Year

2009 on Public Service, which reaffirms that every

public service providers including licensing service

must involve the public namely all parties who are

related with the recipient benefits of public services,

either directly or indirectly, including public figures,

academics, business, professional organizations, and

non-governmental organizations.

1550

Nugraha, A.

Implementation of Public Involvement Policy in Public Service: Study on Licensing Service in South Tangerang City.

DOI: 10.5220/0009931715501557

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1550-1557

ISBN: 978-989-758-458-9

 2020 by SCITEPRESS – Science and Technology Publications, Lda. All r ights reser ved

Nevertheless, the results of the Ombudsman's

survey held in May - October 2016 stated that 78.41

percent of the 2,000 public service units do not

involve the public in the preparation of public

service standards. Also, as many as 60.73 percent’s

of public service units in Indonesia do not conduct

community satisfaction surveys.Whereas the level of

public satisfaction is an indicator of public

involvement in evaluating the public services

quality. (Alidona, 2016)

These conditions motivate this research to

understand deeply on the implementation of the

government policy that actively encourages public

participation in public services, especially licensing

services in South Tangerang City. This research uses

qualitative methods, with the hope of revealing the

realities that occur in depth, both those that appear

real and hidden. In collecting data is used

documentation, observation and interview

techniques. Many forms of documentation are

collected like various laws, government regulation,

regional regulations, local government regulations

and document in service provider units. Interviews

in this research also is done with purposive sampling

from service providers and users in South Tangerang

City.

2 BASIC CONCEPT OF PUBLIC

INVOLVEMENT IN PUBLIC

SERVICE

The public sector must adopt the flows of

globalization, information technology and the wave

of democratization. Thus, there are various concepts

in public sector governance such as global

governance, electronic governance, and democratic

governance. Furthermore, from the concept of

democratic governance emerges the term

participatory governance, which emphasizes public

participation as the central pillar of

governance.(Bevir, 2011)

According to Rhodes (Pierre, 2000) there are at

least 7 main concept of governance, namely: (1)

Governance as corporate governance, namely the

implementation of governance in the private sector

with speed tasks and high accountability. (2)

Governance as new public management, is

understood as a governance process that puts the

spirit of management as in companies. With a

management style that is always alert to

competition, market mechanisms, efforts to

prioritize customer satisfaction. (3) Governance as

good governance, namely the process of

administering government that applies the principles

of good governance, such as being more responsive,

transparent, participatory, and accountable to very

complex public interests. (4) Governance as

international interdependence. Reflecting the

existence of international interdependence, in the

fields of production, financial transactions, law,

security, and so on. (5) Governance as a socio-

cybernetic system. As a system of governance that

involves the interaction and interrelation of many

actors both from government and non-government

such as the legislature, the private sector, NGOs,

academics, and the press who together take

responsibility for public problems. (6) Governance

as new political economy. In the new political

economy approach, governance is an interaction

between society, the state, and a very open market

economy. (7) Governance as networks, a governance

process that is based on the establishment of links

between actors who interact with each other in

providing services for the community.

The importance of public participation can be

examined from the concept of good governance,

especially in implementing development programs.

United Nations Development Program (UNDP)

views that good governance is a prerequisite that

must exist in order to realize sustainable

development. UNDP say that “good governace is a

necessary condition for the achievement of each of

the Millennium Development Goals (MDGs) –

eradicating extreme poverty and hunger; achieving

universal primary education; promoting gender

equality”. In this context governance is defined as

“the exercise of political, economic, and

administrative authority to manage a nation’s affairs.

It is the complex mechanisms, processes,

relationships and institutions through which citizens

and groups articulate their interests, exercise their

rights and obligations and mediate their differences”.

Therefore, governance is said to be good when

applying the principles: participation, the rule of

law, transparency, responsiveness, consensus

orientation, equity, effectiveness & efficiency,

accountability, and strategic vision (United Nations

Development Program, 1997). Thus it seems clear

that the participation or involvement of the public is

one of the principles that must be applied in good

governance, especially in public service.

Good governance is a governing that reflects the

will and mandate of the people. For this reason, the

people or the community must absolutely participate

actively in the government and the implementation

of public services, from the stage of formulation,

implementation, supervision and even evaluation.

Implementation of Public Involvement Policy in Public Service: Study on Licensing Service in South Tangerang City

1551

Vilkišienė says that public participation is a

precondition for democratic governance. Therefore,

it is essential to empower citizens as public service

users to be more active in the service delivery

process. According to Vilkišienė, citizen

participation in public services can be interpreted as

a part of the provision of the public services

impacting on the performance of the service

providers’ organization. Citizen participation is

essential and appropriate to improve institutional

performance in the provision of public services and

improve citizen satisfaction on the quality of public

services (Vilkišienė, 2010).

Nowday the application of the good governance

principles is no longer seen as the insistence of the

donor country, but has become an organizational

need to maintain its existence. Without the

application of the good governance principles, each

organization is ensured that its existence and

sustainability will be threatened. The important point

as the end of the application of good governance

principles is to improve the quality of public

services. In other words, there is no good or better

governance if there is no evidence that public

services are getting better quality. Therefore, the

quality of public services is a strategic point where

public trust in the government is at stake. Even the

purpose of Law Number 25 the Year 2009

concerning Public Services expressly stated for "the

realization of a proper public service delivery system

in accordance with the principles of good

governance".

Public service is closely related to good

governance, where good governance will certainly

be very responsive to the demands of the community

to obtain public services with sufficient quantity and

good quality. This was affirmed by Léautier, Vice

President of the World Bank (Shah, 2005): "Poor

governance leads to weak delivery of vital public

services and unwelcome outcomes for access to

public services by the poor and disadvantaged

members of the society”. Of course on the contrary,

good governance can provide good public services,

including for the poor. There is positive synergy and

a very close relationship between good governace

and public service quality. If the administration of

the state is well organized and consistently applies

the principles of good governance, public services

will automatically run well and good quality.

About public service itself, the Law Number 25

the Year 2009 on Public Service describe Public

service is an activity or series of activities in order to

fulfill service needs in accordance with the laws and

regulations for every citizen and population on the

goods, services and administrative services provided

by public service providers. Public service providers

are any state administering institutions, corporations,

independent institutions formed by law for public

service activities, and other legal entities that are

formed solely for public service activities. Provider

is a public service organization which is a public

service provider working unit within the state

administration institution, corporation, an

independent institution established by law for public

service activities, and other legal entities that are

formed solely for public service activities. Public

services can be carried out by central and regional

government agencies, state-owned enterprises,

regionally-owned enterprises, and privately-owned

business entities, as well as individuals who are

given the task of organizing certain public services

in which part or all of the funds are sourced from the

state and regional budget. The public in this context

is all parties, both citizens and residents as

individuals, groups, or legal entities that are

domiciled as beneficiaries of public services, both

directly and indirectly. Publi service providers must

serve the public with service standards, namely

guidelines for service delivery and quality

assessment guidelines service as obligations and

promises of the organizer to the community in the

framework of quality, fast, easy, affordable and

measurable services.

Thus, for the organizers to provide quality public

services, it is crucial to involve the public to know in

advance what the expectations and needs of the

community it serves. Do not let the gap as Zeithaml

et all (Zeithaml, Parasuraman, & Berry, 1990) says:

(1) The gap between customer expectations

(expected service) and management perception

(management perception of customer expectation).

This gap arises because of a lack of survey of

market needs or improper use of research results and

lack of interaction between service providers and

customers. Other causes are the lack of

communication between management and service

providers (customer contact personnel), even though

they have many informations about the things that

were expected by customers. Also too many

bureaucratic levels in the service unit are also a

factor in the emergence of the gap. (2) The gap

between management perception (management

perception of customer expectation) and service

quality specifications. (3) The gap between service

quality specification and service delivery. (4) The

gap between service delivery and external

communication to the customer. (5) The gap

between expected service and perceived service. In

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order to solve the gap, the most strategic step is the

intense citizen involvement in formulating the

quality of service specifications, oversee the course

of service and complain if the services provided are

not following the expected service.

3 PUBLIC INVOLVEMENT

POLICY IN PUBLIC SERVICE

The policy of public involvement in public service is

one of the types of public policy that is a term used

to describe the laws, decisions, regulations, etc. of a

governmental body (United Nations, 2007). The

legal basis for public involvement is based on the

1945 Constitution, which provides guarantees for the

protection of human rights. It includes the right to

association, the right to issue opinions, the right to

obtain services and to obtain equal opportunities in

government.

Public involvement in public services

emphasizes the importance of community

participation in all public service activities, from the

stage of policy formulation, implementation, and

even to the level of evaluation. This is following

Law Number 25 the Year 2009 on Public Service

which affirms that the implementation of public

services is based on "participatory principle" namely

the form of community participation in the delivery

of services by taking into account the aspirations,

needs, and expectations of the community. Article

39 of the Law specifically regulates the public

participation, namely: (1) The participation of the

public in the implementation of public services

starts from the preparation of service standards to

the evaluation and awarding; (2) Public participation

is manifested in the form of cooperation, fulfillment

of the rights and obligations of the community, as

well as an active role in the preparation of public

service policies; (3) Communities can form public

service supervision institutions; (4) The procedures

for public participation in the implementation of

public services are further regulated in government

regulations. (Law on Public Service, 2009). Further

Government Regulation Number 96 the Year 2012

on the Implementation of Law Number 25 the Year

2009 on Public Services, reaffirms that the

organizers must involve the public in the

implementation of public services as an effort to

build a fair, transparent and accountable public

service system. Article 41 describe that public

participation in the implementation of public

services covers the entire process of organizing

public Services which includes: (1) Preparation of

public service policies; (2) Preparation of service

standards; (3) Supervision and evaluation of the

implementation of public services; and (4) Awards.

Article 42 declare that the participation of the

community in organizing the public service is

conveyed in the form of input, responses, reports,

and complaints to the organizers and direct

superiors of the organizers and related parties in

accordance with the provisions of the legislation or

through the mass media. In addition the organizer is

obliged to provide information to the public

regarding the follow-up to the completion of inputs,

responses, reports and complaints. Article 43

explain the participation of the community in the

supervision and evaluation of the implementation of

public services, is realized in the form of : (1)

Supervision and evaluation of the implementation of

service standards; (2) Supervision of the application

of policies; and (3) Supervision of the imposition of

sanctions. Article 44 confirms that public

participation in granting awards as referred to in

Article 41 is realized in the form of monitoring,

evaluating, and evaluating the performance of the

organizer. Article 45 describe community

participation in the implementation of Public

Services as referred to in Article 41 refers to the

following principles: (1) Directly related to the

service user community; (2) Having competence in

accordance with the type of service concerned; and

(3) Prioritizing deliberation, consensus and diversity

of the community. Article 46 explain that

community participation in the implementation of

public services can be carried out individually,

representatives of service user groups,

representatives of observer groups and

representatives of legal entities concerned with

public services. Article 47 declare that the

community can independently provide awards to the

organizers or implementers who have good service

performance according to their ability or

competence. (Government Regulation on the

Implementation of Law Number 25 the Year 2009

on Public Service, 2012).

As a follow-up to the public involvement policy

in public services, the Ministry of Administrative

Reform and Bureaucratic Reform of the Republic

of Indonesia issued various regulations to ensure that

the policy is fully implemented. They are as follows:

First, Regulation of the Ministry of Administrative

Reform and Bureaucratic Reform of the Republic

of Indonesia Number 16 the Year 2014 jo Number

14 the Year 2017 on Guidelines for Public

Satisfaction Surveys on Public Service

Implementation of Public Involvement Policy in Public Service: Study on Licensing Service in South Tangerang City

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Implementation. The purpose of the regulation is :

(1) Encourages community participation as service

users in assessing the performance of service

providers; (2) Encouraging service providers to

improve the quality of public services; (3)

Encouraging service providers to be more innovative

in organizing public services; (5) Measuring the

tendency of the level of community satisfaction

towards public services. The regulation also require

public service providers to conduct a public

satisfaction survey periodically at least 1 (one) time

per year, as a form of public participation. In line

with the strategic point of public participation in

government, especially in public services in the local

government, the government issued Government

Regulation of the Republic of Indonesia Number 45

the Year 2017 on Public Participation in the

implementation of Local Government which

confirms that the role of the community to channel

aspirations, thoughts, and importance in the

administration of regional government. The public

participation can be done in form of public

consultation, delivery of aspirations, public hearing,

work visit, socialization, seminars, workshops and

discussions. (Government Regulation of the

Republic of Indonesia on Community Participation

in Local Government Implementation, 2017).

Second, Regulation of the Ministry of

Administrative Reform and Bureaucratic Reform of

the Republic of Indonesia Number 17 the Year 2017

on Guidelines for Performance Evaluation of Public

Service Provider Unit. In the regulation, the

principle of participation is used in assessing the

performance of public service delivery. The

principle of participation emphasizes the level of

involvement (participation) of the community in

policy making, planning, implementation and

monitoring and evaluation of public services.

Besides that, the regulation also uses community

participation is an indicator of service provider

performance (Regulation of the Minister of

Administrative Reform and Bureaucracy Reform on

Guidelines for Performance Evaluation of Public

Service Provider Unit, 2017).

Third, Regulation of the Ministry of

Administrative Reform and Bureaucratic Reform of

the Republic of Indonesia Number 15 the Year 2014

on Standard Service Guidelines. In this regulation,

there are several principles that must be used in the

preparation and setting of public service standards,

including the principles of participation. So, in the

preparation and stipulation of public services

standards, it must involve the community and related

parties to discuss together and get alignment on the

basis of commitment to the the results. (Regulation

of the Minister of Administrative Reform and

Bureaucratic Reform on Standards of Service

Guidelines, 2014).

Fourth, Regulation of the Ministry of

Administrative Reform and Bureaucratic Reform of

the Republic of Indonesia Number 24 the Year 2014

on Guidelines for the Implementation of National

Public Service Complaint Management. The

regulation ensure that public complaints are

important and adequately managed for the

improvement of the public services quality

(Regulation of the Minister of Administrative

Reform and Bureaucracy Reform on Guidelines for

the Implementation of National Public Complaints

Management Complaint, 2014).

Fifth, Regulation of the Ministry of

Administrative Reform and Bureaucratic Reform of

the Republic of Indonesia Number 16 the Year 2017

on Guidelines for the Implementation of Public

Consultation Forum in the Public Service Provider

Unit. In this regulation, every public service

provider is required to have a media consultation for

the public to discuss their idea, aspiration, need and

their problems (Regulation of the Minister of

Administrative Reform and Bureaucratic Reform on

Guidelines for the Implementation of Public

Consultation Forum in the Public Service Provider

Unit, 2017).

At the level of local government, community

involvement is also regulated in Law Number 23 the

Year 2014 on Regional Government. Article 354

mandates that local governments should encourage

community participation in drafting local

regulations, regional policies and in the delivery of

public services (Law on Regional Government.,

2014). As a follow up of the Law on the Regional

Government, the Government Regulation Number

45 the Year 2017 on Community Participation in

Local Government Implementation. In article 16

reaffirmed that public participation in the delivery of

public services encompasses the whole process of

public service delivery in the administration of local

government (Government Regulation of the

Republic of Indonesia on Community Participation

in Local Government Implementation, 2017).

To ensure the public's right to public services,

including the right to participate, under Law Number

37 the Year 2008 there is a state institution called

Ombudsman (Law on the Ombudsman, 2008). The

Ombudsman has the authority to oversee the

delivery of public services, whether administered by

state and government entities (those held by State-

Owned Enterprises, Regional Government

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Enterprises, and State-Owned Legal Entities) or

private entities assigned. The function is to carry out

certain public services which their funds are sourced

from the state revenue and expenditure budget

and/or local budget

4 IMPLEMENTATION OF

PUBLIC INVOLVEMENT

POLICY IN LICENSING

SERVICE IN SOUTH

TANGERANG CITY

The substance of the policy of public involvement in

public service is to build the quality of public service

is prime and world-class. It can be understood

because the essence of quality public services is the

presence of customer or community satisfaction.

Satisfaction of the society is the form if the service

received, in accordance or even exceed the

expectations and needs of the community. To that

end, the community must participate in conveying

their aspirations related to the expectations and

diverse needs. Thus, the organizers and

implementers, really know and can provide services

following the community' expectation and needs.

4.1 Public Involvement in Licensing

Policy Formulation

Public involvement in the formulation of licensing

policies at the local level can be observed from the

process of drafting local regulations (Perda). Under

Law Number 23 the Year 2014 on Regional

Government Article 354 that local governments

should encourage community participation in the

drafting of local regulations and regional policies

that regulate and burden communities in the form of

public consultation. In the context of South

Tangerang City, the licensing policy is regulated in

Perda Number 4 the Year 2014 on the

Implementation of Licensing and Registration of

Industry and Trade (Regional Regulation on the

Implementation of Licensing and Registration of

Industry and Trade, 2014). Of course, ideally, the

drafting of the local regulation should involve the

public at large, so that the public can provide input

and criticism so that the regulation is obtained

following the conditions and needs of the

community. However, the results of the field review

and interviews with the Chairman of Commission II

of DPRD Tangerang Selatan City showed that the

procedures for determining the law in the form of

public discussion and extensive socialization to the

public are constrained by the limited budget so that

only a few involved parties explicitly involved

invited.

Although the public is not widely involved in the

formulation of the licensing regulation, as mandated

by Law Number 25 the Year 2009 on Public

Services Article 39 that community participation can

also be started from the preparation of service

standards to evaluation and award. In the preparation

of these service standards, there is room for the

community and business actors to be involved in an

intense and severe deliberation in the stipulation of

service standards. However, in the field, until now in

South Tangerang City there has been no process of

preparing the participatory service standards. Where

the terms and procedures of licensing services

currently applicable and displayed in the online

licensing of SIMPONIE v2.3 DPMPTSP South

Tangerang City 2018, still refers to the Decree of the

Head of Integrated Licensing Services Agency

Number 503 / 335.a-BP2T / 2012 on Standard

Operating Procedures ( SOP) Licensing. The SOP is

prepared unilaterally by a licensing service provider,

without involving the community.

Whereas the existence of public service

standards viewed as a more applicable solution in

involving the community to improve the quality of

public services. Because with this service standard

can be seen legal basis, service requirement, service

procedure, service time, cost and process of

complaint so that service officer understand what

they should do in giving service. The community as

a service user can also know with certainty the rights

and obligations to get service. Service standards can

also help improve the transparency and performance

accountability of a service unit. Thus, the

community can be helped in making a complaint or

demand if not get services under predetermined

standards.

From the overall information indicates that the

intensity of community involvement in the

formulation of licensing policy in the low category.

The condition is the results of observation, that the

businessman of micro, small, medium and large

companies in general in every day is always busy

from morning until the afternoon and even there

until night. These conditions, it is difficult for them

to participate directly unless there is a request from

the party who has authority.

Implementation of Public Involvement Policy in Public Service: Study on Licensing Service in South Tangerang City

1555

4.2 Community Involvement in

Overseeing Licensing Services

Law Number 25 the Year 2009 on Public Services

Article 18 regulates the rights of the public in public

services such as the right to supervise the

implementation of service standards and submit

complaints. The right of the public in supervising the

licensing service in South Tangerang City, it seems

that until now it has not been appropriately

implemented. Even the right to submit a complaint,

which can be submitted online in practice many

people are reluctant to deliver. The organizers

especially those who handle complaints, always say

"we are open to the public who want to submit

complaints: directly come to the office meet us, send

a letter, by phone, send an email to

http://dpmptsp.tangerangselatankota.go.id. The

important thing is the ones who complain and their

addresses are clear so it will ease us".

Formal complaints to the organizers are certainly

demanding the courage of the complainant because

it must include the name and full address. Of course,

people will be worried, if known to complain later

someday take care of permission again, will be

complicated. For that reason, there should be a

forum where people who have complaints can freely

convey to an independent party, such as the

ombudsman. However, generally, the community

has not been aware of the existence of the

ombudsman. Thus, the description indicates that

public involvement in monitoring public service

standards and submitting complaints on licensing

services are very low.

5 CONCLUSIONS

Based on the above description it is clear that the

policy of public involvement in public services,

especially licensing services in South Tangerang

City has not been appropriately implemented. It is

evident from the lack of public involvement in the

formulation of licensing services policy, especially

in the preparation of licensing service standards.

Besides, the community is also not many involved in

supervising the implementation of licensing

services, including in delivering complaints. Public

services, especially licensing services, both in the

formulation of policies and the preparation of

service standards, as well as in supervision and

complaints.

Therefore, in order for the public involvement

policy in public services to run well, there must be a

firm commitment from the service provider as the

party having the authority and the resources to

implement the government policy consistently.

Besides, a strong commitment must also be owned

by the policymakers to conduct supervision,

guidance, facilitation, as well as giving rewards and

punishments for the policies that have been taken

implemented adequately in the field

REFERENCES

Alidona, M. 2016, November 30. Ombudsman: 78,41

Persen dari 2.000 Layanan Publik Tidak Libatkan

Masyarakat. Dipetik July 11, 2018, dari Tribun

Kaltim:

http://kaltim.tribunnews.com/2016/11/30/ombudsman-

7841- persen-dari-2000-layanan-publik-tidak-libatkan-

masyarakat

Bevir, M. 2011. The SAGE Handbook of Governance.

London: SAGE Publications.

Government Regulation of the Republic of Indonesia on

Community Participation in Local Government

Implementation, Number 45 (2017).

Government Regulation on the Implementation of Law

Number 25 the Year 2009 on Public Service, Number

96 (2012).

Law on Public Service, Number 25 (2009).

Law on Regional Government., Number 23 (2014).

Law on the Ombudsman, Number 37 (2008).

Regional Regulation on the Implementation of Licensing

and Registration of Industry and Trade, Number 4

(2014).