THE EFFECTIVENESS OF BUREAUCRATIC BLOAT: A CRITICAL LOOK AT MAKASSAR CITY'S REGIONAL APPARATUS FORMATION

Abstract

The Indonesian constitutional mandate for decentralization, rooted in Article 18 Paragraph (1) of the 1945 Constitution (UUD NRI 1945) , establishes that provinces are divided into regencies and cities , with each region having the authority to regulate and manage its own affairs. This constitutional follow-up is Law No. 23 of 2014 on Regional Government , which emphasizes broad autonomy to achieve successful and equitable regional development, upholding principles of accountability and transparency. Using Effectiveness Theory and Decentralization Theory, this empirical legal research sought to analyze the legal basis for the formation of Regional Apparatus Organizations (OPDs) in Makassar City, specifically examining the effectiveness of their functions and aiming to provide recommendations to improve the bureaucratic structure and ensure adherence to right-sizing principles. The study found that the formation of 51 OPDs via Perda No. 8 of 2023, while formally legal, constitutes an ineffective bureaucratic oversizing. This failure is clearly demonstrated by Soerjono Soekanto's Theory of Legal Effectiveness : the Legal Factor was compromised by rigid adherence to numerical scoring, leading to the functional fragmentation of synergistic units, such as separating Public Works and Spatial Planning, thus violating the right-sizing principle ; the Facilities Factor showed severe fiscal inefficiency, evidenced by Capital Expenditure realization of following years , proving the enlarged structure consumed resources as overhead ; and the Public Factor revealed poor service, with 73% of respondents reporting convoluted, multi-office processes due to the fractured structure. Ultimately, the legal compliance failed to produce the intended substantive efficiency and accountability.