Constitution

 

Preamble

 

Efforts to strengthen the people through their sources of livelihood, as part of the struggle to create a just society, must be carried out thoughtfully and sustainably by varous community groups spread across Indonesia.

It has been recognized that this struggle faces challenging obstacles, especially the increasing dominance and penetration of the global capitalist regime, while many people are not actively involved in budgeting processes that side with the people. This dominance and penetration have positioned the country as an extension of global capitalism. As a result, social, economic, and political policies are also characterized by a spirit of liberalization and privatization which facilitates capital expansion and market globalization. The nature of state policies ultimately paves the way for the systematic seizure of the social, economic, political, and cultural rights of the people.

The struggle for access to resources is reflected in public budget politics in various government policies. Until now, the drafting, stipulation, and implementation of the budget has been carried out in a closed manner involving only a few people and has not been in favor of the interests of the people. In addition, the state budget is considered to be in the government’s domain, positioning the people only as objects. This has resulted in a state budget that does not meet the needs and interests of the people.

Transparency is a strategy of the struggle to ensure that budget politics are pro-people and have accountable and participatory principles. On that basis, the Indonesian Forum for Budget Transparency (FITRA) was established in order to demand the fulfillment of people’s rights to be involved in the entire budgeting process, starting from the process of drafting, discussing, and implementing the budget all the way through to its evaluation. FITRA, together with all components of the community, built a budget transparency movement to create a state budget that fulfills people’s welfare and justice. FITRA’s struggle for a fairer budget has been proven to fulfill economic, social, cultural, and political rights.

With such a choice of position, FITRA is commited to emphasizing to policy makers and decision makers within the country, the UN, international organizations, international financial institutions, multinational companies, and other groups with the potential to destroy budget transparency and sources of people’s livelihoods, that it is the people who have sovereignty over the budget and their sources of livelihood.

FITRA plays a role in mobilizing the synergy of power between government organizations, non-governmental organizations, and community organizations which are oriented around the values of: (1) Transparency, (2) Community Participation, (3) Accountability, (4) Upright Supremacy.

CHAPTER I

ORGANIZATION

Article 1

Name, Form and Position

(1) This organization is called the Indonesian Forum for Budget Transparency (Forum Indonesia untuk Transparansi Anggaran), abbreviated FITRA.

(2) This organization takes the form of a legal entity.

(3) The FITRA organization at the national level operates in the capital city of the Republic of Indonesia and at the regional level in the province and/or regency/city.

Article 2

Vision

The realization of popular sovereignty over the budget.

Article 3

Mission

To realize the above vision, FITRA carries out the mission:

  1. To build the capacity of the people through education, training and assistance.
  2. To struggle for changes to the system and budget policy to be more in the interests of the poor, women, children, marginalized groups, and the natural environment.
  3. To develop budget resource centers in various regions of Indonesia.
  4. To develop and strengthen budget advocacy networks as a solid social movement.
  5. To become a reference for the budget transparency movement and stakeholders in Indonesia.

Article 4

Characteristics and Purpose

 (1) The characteristics of the FITRA organization are inclusive, in the interests of the people, gender sensitive and independent.

(2) The purpose of FITRA is to realize social transformation toward a democratic order through the realization of popular sovereignty over the management of people’s livelihoods through advocating for public budget transparency.

Article 5

Strategy and Program

(1) FITRA’s strategies include:
  • Increasing the capacity of the community to control the use of the budget.
  • Inreasing community need for budget information and involvement in the budget process.
  • Safeguarding changes in State financial policies and regulations that are more transparent, accountable, and participatory, and in the favor of the people.
  • Encouraging public bodies to provide information services quickly, efficiently, and effectively.
  • Encouraging budget planning that is efficient and does not erode public service budgets.
  • Ensuring results of the distribution of natural resources for the welfare of the people.
  • Institutional strengthening of Network Nodes in managing resource centers.
  • Strengthening of resource center human resources and infrastructure.
  • Acceleration of quality improvement through a human resources development system.
  • Structuring the data management system and information networks.
  • Strengthening the quality and existence of Network Nodes and the network of budget advocacy work, as well as creating space for network development.
  • Formulating clearer relationship patterns between the FITRA National Secretariat and Network Nodes.

 

(2) FITRA programs include:

  • Community Organization
  • Capacity Building
  • Education and Campaign
  • Knowledge Management
  • Research
  • Advocacy

CHAPTER II

MEETINGS

Article 6

Decision Making Meetings

Decision making in the institution of FITRA is carried out through meetings consisting of:

  • National Conference on Budget Transparency (Munas).
  • Extraordinary National Conference on Budget Transparency (MunasLub).
  • National Meetings (Pernas).
  • Regional Meetings (Perda) or other designations.
  • National Board Plenary Meetings.
  • National Secretariat Working Meetings.
  • Network Node Working Meetings.

Article 7

National Comference (Munas)

The National Conference on Budget Transparency is the highest decision-making forum which is held 3 (three) times a year to:

  • Discuss and certify the responsibilities of the National Secretariat and the National Board.
  • Evaluate FITRA activities for one period.
  • Formulate a basic strategy policy or Renstra FITRA.
  • Establish and ratify the FITRA statute and code of ethics.
  • Vote for and instate the National Secretary and National Board members.
  • Endorse the establishment or freezing of members.

(2) Participants in the National Conference consist of the National Secretariat, National Board, and members.

(3) The National Secretary and members have the right to speak and vote.

(4) The National Secretary and members each have the right to 1 vote.

(5) The National Board has the right to speak in the National Conference.

(6) FITRA members and other invitees may attend national meetings with the status of reviewer.

(7) The National Conference is considered legal if it is attended by at least half plus one of the members registered as participants.

(8) Decisions made during the National Conference are considered legally binding if they are agreed upon by the majority of votes of members in attendance.

(9) Determination of the place and time of the National Conference is decided in the National Conference.

(10) In outstanding circumstances the time and place of the National Conference may be determined by a National Board meeting or the National Secretariat.

(11) The number of participants, steering committee, National Conference Executive Committee, and the National Secretary criteria are decided in the previous National Conference.  

Article 8

Extraordinary National Conference on Budget Transparency (Munaslub)

(1) The Extraordinary National Conference on Budget Transparency is a decision making forum carried out in the event of:

  • The occurence of violations to the FITRA statute by the Secretary General and/or by the National Board.
  • The resignation or permanent unavailability of the National Secretary or the National Board.

(2) The implementation of an Extraordinary National Conference on Budget Transparency caused by a Statute violation by the National Secretary is to be submitted by the National Board and must be approved by at least half plus one of the FITRA members.

(3) The implementation of an Extraordinary National Conference on Budget Transparency caused by a Statute violation by the National Board is to be submitted by the National Secretary and must be approved by at least half plus one of the FITRA members.

(4) The implementation of an Extraordinary National Conference on Budget Transparency caused by the resignation of the National Secretary is to be carried out by the National Board.

(5) The implementation of an Extraordinary National Conference on Budget Transparency caused by the resignation of the National Board is to be carried out by the National Secretary.

(6) An Extraordinary National Conference makes decisions about:

  • The accountability and dismissal of the National Secretary and/or the National Board.
  • The accountability of the National Secretary and/or the National Board that resigns before the end of the term of office.
  • Evaluation of the FITRA activities that have been carried out leading up to the Extraordinary National Conference.
  • Discussion and ratification of the Statute if deemed necessary.
  • Voting and instatement of the National Secretary or National Board.

(7) Provisions and procedures for implementing an Extraordinary National Conference are regulated in the Regulations on Statute Implemention.

Article 9

National Meetings (Pernas)

(1) National Meetings are a decision-making forum which take place once a year to:

  • Evaluate and plan the implementation of programs and advocacy for one year in advance; and determine the time, place, participants, steering committee and National Conference executive committee, as well as the criteria for the candidates for FITRA National Secretary.
  • Decide on the freezing and instatement of members recommended by the Verification Team.

(2) Participants in the National Meetings are the National Board, National Secretariat, members and individuals as reviewers.

(3) National Meetings are considered legal if they are attended by at least half plus one of all participants who are registered as attending.

(4) Decisions made during National Meetings are considered legal if they are agreed upon by the majority of votes of members in attendance.

(5) The National Secretariat is responsible for the implementation of National Meetings.

(6) The place and time for the implementation of National Meetings is proposed by members and determined during a meeting between the National Board and National Secretariat.

Article 10

National Board Plenary Meetings

(1) National Board Plenary Meetings are a decision making forum that are held at least three times a year or following the need to:

  • Discuss and approve the proposed program design and budget for one year submitted by the National Secretariat.
  • Discuss the results of monitoring of the implementation of National Secretariat programs.
  • Dismiss and appoint members of the National Board in lieu of time.

(2) National Board Meetings are considered legal if attended by at least half plus one of all National Board members.

(3) Decisions made during National Board Meetings are considered legal if agreed upon by the votes of the majority of National Board members in attendance.

Article 11

National Secretariat Working Meetings

Procedures and mechanisms of National Secretariat meetings are regulated seperately in an SOP (Standard Operating Procedure) stipulated by the National Secretariat.

 

Article 12

(1) Member Working Meetings are working meetings for program, personnel and financial evaluation and planning.

(2) Procedures and mechanisms of member meetings are regulated seperately in an SOP stipulated by internal membership mechanisms.

CHAPTER III

Organizational Framework

Article 13

National Secretariat

(1) FITRA members are FITRA Network Nodes that have been formed and recognized at the National Meetings and/or National Conference.

(2) Network Nodes referred to in paragraph (1) consist of:

    1. FITRA SUMUT
    2. FITRA RIAU
    3. FITRA SUMSEL
    4. FAKTA KALBAR
    5. POKJA 30
    6. FITRA SUKABUMI
    7. FITRA JATENG
    8. FITRA CILACAP
    9. FITRA JATIM
    10. FORMASI KEBUMEN
    11. FITRA NT
    12. SOLUD NTB
    13. YASMIB SULAWESI

Article 14

(1) The Network Nodes implement the Strategic Plan which has been stipulated in the National Meetings and National Conference.

(2) The name, form, constitution, and organizational structure and working mechanisms of the Network Nodes are determined and arranged by members of the Network Nodes.

(3) Network Nodes are led by a Coordinator, or by other designations, who is chosen according to the regulations of each individual Network Node.

Article 15

Tasks, Authority and Rights of Network Node Coordinators

(1) Network Node Coordinators are responsible for the following tasks:

  • Designing work programs and budget for a certain period of time.
  • Coordinating and facilitating the implementation of regional programs and other FITRA meetings.
  • Carrying out fundraising for the implementation of agreed programs.
  • Providing reports on the progress of regional FITRA during National Meetings and the National Conference.

(2) Network Node Coordinators have the following authority:

  • To represent Network Nodes through advocating at the regional, national and international level.
  • To appoint and dismiss Network Node staff members.
  • To represent Network Nodes in agreements or engagements with other parties.

(3) Network Node Coordinators and staff have the following rights:

  • To obtain normative rights such as a salaray, allowances, insurance, and leave according to the ability of the Network Node.
  • The right to self-defense in FITRA forums in relation to the policy in question.
  • To obtain a defense from the organization in relation to the risks of advocacy work carried out.

Article 16

Membership Terms

(1) Prospective members of FITRA must meet the following requirements:

  • Not be formed by and/or affiliated with political parties, political organizations, business/corporate institutions, governmental institutions or the Indonesian National Forces (TNI) or Police (Polri).
  • The objectives and activities do not conflict with FITRA’s vision, mission, or values.
  • Have a functional organizational system.
  • Actively conduct public policy advocacy activities.
  • Have participated in FITRA Education.
  • Recommended by at least 2 (two) FITRA Network Nodes, accompanied by:
    1. Advocacy or institutional track record.
    2. Involvement in the coalition.
    3. Note on recommendation results.
  • Declare in writing their willingness to implement the Statute and all decisions of the organization.

(2) The Business/Corporation referred to in paragraph (1) is not in conflict with the FITRA vision and mission.

(3) Regarding the FITRA education referred to in paragraph (1), section e is further regulated in the Regulations on Statute Implementation.

Article  17

Member Rights and Obligations

(1) FITRA members have the following rights:

  • The right to speak and the right to vote.
  • The right to obtain information for advocacy activitites from all elements of FITRA.
  • The right to defend themselves verbally or in writing in the event of a violation of the Statute.
  • The right to request verbally and in writing reports on financial accountability and program implementation in National Meetings or the National Conference.
  • The right to obtain support and/or defense for the risks or consequences of advocacy activities carried out.
  • The right to obtain non-binding funding resources.
  • The right to attend FITRA meetings.

(2) FITRA members have the following obligations:

  • To implement the principles of good governance to realize popular sovereignty over the budget.
  • To implement the Statute and/or institutional decisions.
  • To deliver program and financial implementation facilitated by members and/or the National Secretariat.
  • To be prepared to have both programs and finances auditted by an independent auditor appointed by the National Board.

Article  18

Member Acceptance Mechanism

(1) Requests to become a FITRA member may be submitted to Network Node members by attaching:

  • A letter of declaration agreeing to the FIRTA Statute.
  • Letters of recommendation from 2 FITRA Network Nodes.
  • Institutional profile.

(2) Prospective members who meet the requirements will be verified by the National Board Team.

(3) Members who fulfil the requirements are ratified in the National Conference and/or National Meetings.

Article 19

Loss of Membership

(1) FITRA members will lose their membership in the case of:

  1. Resignation
  2. Disbanding of the institution.
  3. Dismissal through the National Conference and/or National Meetings.

(2) Loss of membership is ratified during the National Conference and/or National Meetings.

 

 

Artile 20

Member Dismissal

(1) FITRA members may be terminated if they violate the Statute.

(2) Member dismissal, as referred to in paragraph one, is to be submitted by the National Board based on investigaton results and verification.

(3) Members who are deemed to have violated the Statute and Code of Ethics are to be given the opportunity to defend themselves in the National Conference and National Meeting forums.

(4) The decision of the National Conference or National Meeting to dismiss a member is final and binding

CHAPTER IV

INSTITUTIONAL ELEMENTS

Article 21

Institutional elements within the FITRA organization consist of the members, National Board and National Secretariat.  

Part One

Article 22

National Secretariat

(1) The National Secretariat implements organizational policies, work programs, and national-level finances stipulated in the National Meetings and National Conference.

(2) The National Secretariat is led by the Secretary General; who is voted for directly through the National Conference.

(3) The term of office of the Secretary General is three (3) years for one period and can be reinstated only for one subsequent period.
 

Article 23

Tasks, Authority and Rights of the Secretary General

(1) The Secretary General is responsible for the following tasks:

  • Leading the implementation of the strategic plan agreed upon in the National Conference.
  • Planning work programs and the annual budget to be submitted to and authorized by the National Board.
  • Coordinating and facilitating the implementation of National Meetings, the National Conference, and other FITRA meetings.
  • Providing support to FITRA members in implementing advocacy at the regional level.
  • Carrying out fundraising for the implementation of programs agreed upon in the National Conference and National Meetings.
  • Together with the National Board, facilitating the instatement of FITRA members.
  • To provide the annual report during the National Meetings and accountability report during the National Conference or Extraordinary National Conference.

 

(2) The Secretary General has the following authority:

  • To represent FITRA in carrying out national and international advocacy.
  • To appoint and dismiss members of the Implementing Body at the knowledge of the National Board.
  • To form Resource Centers as program managing capacity centers and funding support for the FITRA advocacy movement.
  • To represent FITRA in meetings or engagements with other parties.
  • To call an Extraordinary National Conference in the case of a violation of the Statute and request for the resignation of all members of the National Board.
  • The Secretary General together with the National Board may form a Team of Experts as a forum to strengthen strategic developing issues.

 

(3) The Secretary General has the following rights:

  • To obtain normative rights, such as a salary, allowances, insurance and leave in accordance with the organization’s financial ability.
  • To defend themselves in FITRA forums in relation to policies brought into question by members or the National Board.
  • Obtain a defense from the organization in relation to risks of advocacy carried out.

Article 24

Dismissal of the Secretary General

(1) The Secretary General may be dismissed as a result of:

  1. Death.
  2. Resignation.
  3. Violations to the statute and code of ethics.

(2) Dismissal as referred to in paragraph (1) is carried out through a National Conference and Extraordinary National Conference.

 

Part Two

National Board

 

Article 25

Membership

(1) The National Board is an institutional element consisting of individuals selected and ratified during the National Conference.

(2) There are 7 (seven) members of the National Board, consisting of a chairman, deputy chairman, secretary, vice-secretary and members.

(3) Membership of the National Board as referred to in paragraph (2) must represent at least two (2) Network Nodes.

(4) The term of office of the National Board is 3 (three) years and can be reinstated only for one subsequent period. 

Article 26

Task, Authority and Rights of the National Board

(1) The National Board is responsible for the following tasks:

  • Overseeing the implementation of National Meeting and National Conference results covering the Statute, Strategic Plan, SOP and Code of Ethics.
  • Discussing, deliberating, and approving plans for work programs on National Meeting and National Conference results.
  • Approving the annual work program and financial plans from the FITRA National Secretariat.
  • Overseeing monitoring of program and financial implementation carried out by the FITRA National Secretariat.
  • Conducting a minumum of 3 (three) routine meetings with the National Secretariat per year.
  • Coordinating with the FITRA National Secretariat.
  • Take responsibility for the implementation of their tasks and authority during National Meetings, the National Conference or an Extraordinary National Conference.

 

(2) The National Board has the following authority:

  • To appoint an acting Secretary General if the current Secretary General is permanently unavailable or has resigned.
  • To form a FITRA Membership Assessment Team.
  • Impose sanctions on violations of the Statute and Code of Ethics.
  • To call an Extraordinary National Conference in the case of a violation of the Statute by the Secretary General.
  • Organize an Extraordinary National Conference in the case of the resignation of the Secretary General.

 

(3) The National Board has the following rights:

  • To obtain facilities and allowances from the organization to support the implementation of their duties and authority in accordance with the organization’s capabilities.
  • To defend themselves in FITRA forums in relation to policies brought into question.
  • To obtain a defense from the organization in relation to risks taken in carrying out their duties and authority.

Article 27

Dismissal of the National Board

The National Board may be dismissed due to:

  • Death.
  • Violations of the Statute or Code of Ethics.
  • Dismissal through the National Meetings and/or National Conference.

CHAPTER V

SELECTION AND NETWORK MECHANISMS OF THE NATIONAL SECRETARIAT AND NATIONAL BOARD

Article 28

(1) Candidates for the Secretary General and National Board are selected by the SC (Steering Committee?)

(2) The SC Team referred to in paragraph (1) is formed on the agreement of the National Meeting.

(3) The procedure for selecting the Secretary General and National Board is further regulated in the Regulation on Statute Implementation.

CHAPTER VI

FUNCTIONARY INTERMEDIATE REPLACEMENT

Article 29

Secretary General Intermediate Replacement

(1) If the Secretary General is permanently indisposed or resigns before their term of office is finished the National Board should appoint an Acting Secretary General with the task of carrying out an Extraordinary National Conference.

(2) The term of office of the Acting National Secretary is valid until the convening of the Extraordinary National Conference or no later than 6 (six) months after appointment.

(3) The new National Secretary, chosen in the Extraordinary National Conference, may only serve until the end of the term of office of the Secretary General who is permanently indisposed or has resigned.

Article 30

National Board Intermediate Replacement

(1) If a member of the National Board is permanently indisposed or resigns before the end of their tenure, an intermediary National Board member should be appointed and authorized to replace them at a National Board Plenary Meeting.

(2) In the event of a National Board member not attending two (2) National Board Meetings and one National Conference, an interim replacement for the member concerned can be instated by a National Board Plenary Meeting.

(3) An interim replacement can also be instated in the event of a member of the National Board conducting activities that conflict with FITRA’s vision, mission and values.

(4) Interim replacements of National Board members should be appointed from the list of election finalists from the previous National Conference.

(5) In the event that the provisions in paragraph (4) are not fulfilled, then an intermediate replacement should be instated in the National Conference.

(6) In the event of a replacement National Board member occuring between the previous National Conference and National Meeting, the process of finding an intermediate replacement should be determined by the remaining National Board members.

Chapter VII

SOURCE OF FUNDS

Article  31

Source of Funds

(1) FITRA funding is obtained from:

  • Membership fees.
  • Donations from the public, private sector, or other institutions both national and international insofar as they are not binding and not sourced from;
    • The results of activities that damage budget transparency and harm the community.
    • Foreign debt or gifts from lending institutions that are obtained directly or indirectly.
    • Funds originating from corruption or economic crimes.
  • Other businesses that are legal and do not conflict with FITRA’s vision, mission and values (further regulated in the Regulation on Statute Implementation).

(2) The procedure for managing contributions and donations is regulated in the Regulation on Statute Implementation.

CHAPTER VIII

SANCTIONS

Article  32

Sanction Forms and Mechanisms

(1) Any violation of the FITRA Statute may be sanctioned in the form of:

  • A written warning.
  • Termination of functionary position and/or membership.
  • Freezing and/or dissolution of membership.
  • Announcement of sanctions to all FITRA members.

(2) Sanctions may be determined in National Conference, Extraordinary National Conference and National Meeting forums.

(3) Sanctions are to be imposed only after verification and the concerned parties are given the opportunity to defend themselves.

(4) Sanctions that have been imposed are final and binding.

CHAPTER IX

ADDITIONAL REGULATIONS

Article  33

Dissolution of FITRA

(1) Sanctions may be determined in National Conference, Extraordinary National Conference and National Meeting forums.

(2) Sanctions are to be imposed only after verification and the concerned parties are given the opportunity to defend themselves.

(3) Sanctions that have been imposed are final and binding

 

Article  34

Amandments of the Statute

(1) Amendments to the Statute may be made in National Conferences or Extraordinary National Conferences that are attended by at least half plus one of the total number of members.

(2) Amendments to the Statute are declared valid if approved by at least half plus one of the number of members in attendance.

Article 35

FITRA Assets

(1) If dissolved, all forms of FITRA assets are to be delegated to institutions or non-profit forums that are in accordance with the vision and mission of the FITRA social movement.

(2) The calculation of FITRA’s assets and the determination of recipients will be decided by a team formed by the National Conference of the Extraordinary National Conference that discussed the dissolution of FITRA.

CHAPTER X

TRANSITIONAL REGULATION

Article  36

(1) Matters that have not been regulated in the Statute will be stated in the Regulation on Statute Implementation (PPS).

(2) The Regulation on Statute Implementation stipulated and ratified by National Meetings is an inseparable part of the Statute.

(3) The compilation of the Regulation on Statute Implementation (PPS) must be arranged through consultation between the National Secretariat, the National Board and Network Node members.

(4) This Statute was stipulated at the National Meeting in Samarinda on 14 January 2017 and has been in force since the date of stipulation.

 

 

Enacted in Samarinda

14 January 2017

12.41 Central Indonesian Time (WITA)