6 july 2007 doing business in indonesia: legal and bureaucratic constraints ross h. mcleod indonesia...
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6 July 2007
Doing Business in Indonesia:
legal and bureaucratic constraints
Ross H. McLeodIndonesia Project
Australian National [email protected]
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The Doing Business reports rationale
• ‘What gets measured, gets done.’• Low rankings provide clear signal to
policymakers of where scope exists for improvement in the business environment
• And they provide useful ammunition for outsiders pushing for better government performance
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The Doing Business reports rationale
• In principle, this seems a worthwhile exercise, but …
• The methodology is not free from defects• Constructive criticism should lead to
more meaningful measurement over time
• This paper contributes to this effort
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The Doing Business reports methodology
• Overall ease of doing business ranking is based on 10 broad topics
• Each topic has 3-6 component indicators• After evaluating all countries, each is given
a percentile ranking for each component indicator
• Its score for a given topic is the simple average of its percentile rankings for each component indicator for that topic
• Its overall ease of doing business index is the simple average of its 10 topic scores
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Problems with the Doing Business methodology (1)
• Distinguishing legal/regulatory inputs and business outcomes:
• Indicators such as the time taken to establish a standardised business are objective measures of red tape (albeit subject to measurement error)
• Indicators such as the existence or lack of a public credit registry or private credit bureau to assist lending institutions reflect the researchers’ presumption that such things should exist, in all countries
• Indicators such as measures of investor protection reflect the researchers’ presumption that such protection is necessary, and that the best form for it to take, in all countries, is similar to that in the US…
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Problems with the Doing Business methodology (2)
• Arbitrary relative importance of topics and their components
• Each topic carries equal weight• Each component indicator carries
equal weight within its topic– But the number of components varies
from 3 to 6 per topic– So the weightings of components vary
by a factor of 2 (from 1/60 to 1/30), for no obvious reason
Score sheet
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Problems with the Doing Business methodology (3)
• Some components are redundant– For example, if we know the total cost of a
licence and the time taken to obtain it, the number of procedures is irrelevant
Indicator Indonesia
Procedures (number) 19
Time (days) 224
Cost (% of income per capita) 311
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Problems with the Doing Business methodology (3)
• Some components are simply duplicated– In the Hiring & Firing Workers topic, one
component (‘Rigidity of Employment’) is actually an average of three other components
– In the Protecting Investors topic, one component (‘Investor Protection Index’) is actually an average of all other components
– In the Getting Credit topic, the Credit Information Index will be zero if public/private credit bureaus do not exist (involving double penalty for countries without these)
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Problems with the Doing Business methodology (4)
• Coverage of data doesn’t extend to extra-legal costs (bribes)
• Overall time taken (e.g.) getting a licence might be greatly reduced with a bribe
• Need to focus on actual (typical) times and costs, not those if we ‘play by the rules’
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Doing business in Indonesia: a closer look
If we focus more on the things that really matter to business,
how does the legal and regulatory environment
compare with that in other countries?
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Ease of Doing Business in Indonesia:
Selected Sub-indices and Components
115
145Time 570 days 134Cost (% of debt) 127% 151
116Time 5.5 years 133Cost (% of estate) 18% 99Recovery rate (% of amount owed) 13% 119
Ease of doing businessMatters relying heavily on the courts
Enforcing contracts
Closing a business
Indicator Rank(among 155 countries)
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Ease of Doing Business in Indonesia:
Selected Sub-indices and Components
115
144Time 151 days 149Cost (% of income per capita) 102% 121
120Difficulty of Hiring Index (0-100) 61 122Rigidity of Hours Index (0-100) 40 63Difficulty of Firing Index (0-100) 70 131Hiring cost (% of salary) 10% 53Firing costs (weeks of wages) 144.8 weeks 150
Indicator Rank(among 155 countries)
Ease of doing businessMatters involving the bureaucracy
Starting a business
Hiring and firing workers
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Indonesia looks very poor on the important Doing Business
indicators, yet it grew very rapidly for three decades
under Soeharto. (These days it is not doing quite so well, although not too badly).
We’ll come back to this later…
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The debate on legal heritage
• The flavour of the law and finance literature– Common-law countries give both shareholders
and creditors the strongest, and French-civil-law countries the weakest, protection.
– French civil law countries have both the weakest investor protections and the least developed capital markets, especially as compared to common law countries.
– The quality of law enforcement is lowest in French-civil-law countries.
– Taken together, [the empirical] evidence describes a link from the legal system to economic development.
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The debate on legal heritage
• This literature seems unpersuasive• Consider the
relative economic growth performance of five countries representing the main families of legal heritage…– In the last three decades of the 20th-century,
the US was the standout performer– But France outperformed the UK (slightly)– And both outperformed Germany and
Sweden (with supposedly better legal systems than France)
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The debate on legal heritage
• Breaking this into two equal sub-periods…– The US was still the standout performer– But France and the UK swapped their
positions– And both still outperformed Germany
and Sweden (which also swapped their positions)
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Some developing country comparisons…
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Figure 10 Real GDP Growth in Select Developing Countries 1971-2003 (%)
-100 0 100 200 300 400 500 600 700 800
Congo, Dem Rep (F)
Zimbabwe (E)
Nigeria (E)
Brazil (F)
Algeria (F)
India (E)
Indonesia (F)
Thailand (E)
Malaysia (E)
E = English Common Law; F = French Civil LawData for Zimbabwe are for 1971-2002.
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Is legal heritage important?
• Probably not…– Relative growth performance not clearly
related to legal heritage– Legal systems tending to converge over
time?– Developing countries pick and choose from
legal and regulatory approaches elsewhere• Doing Business findings biased by
researchers’ views as to what is good law– What may work well in the US is not
necessarily appropriate in countries at earlier stages of development
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Is legal heritage important?
In Indonesia’s case, the poor quality of the judiciary/legal system and the bureaucracy is much more a legacy of the ‘Soeharto franchise’ than of
the Dutch colonial system (and French civil law) of six decades ago
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Soeharto built up a system that enabled him to exploit
the coercive power of government in his own
interest for more than three decades
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He created and maintained a monopoly on political
power, through a franchise system of government
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Soeharto’s ’franchise’ system
• Full title: ’multi-branch, multi-level franchise’
• Branches:– Legislature (MPR/DPR/tame parties)– Judiciary/legal bureaucracy– Military/police– Bureaucracy (including non-department
agencies, esp. Bulog, Bank Indonesia)– State-owned enterprises (SOEs)
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Soeharto as franchise owner
• Election system rigged so that he could not lose: the essential political monopoly
• Potential troublemakers in the army bought off with senior positions in bureaucracy, judiciary, SOEs, and by grant of privileged access to natural resources, especially timber
• Harsh action against actual troublemakers– Jail, violence, banishment to backwaters
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Roles of the branches
• Each branch of the franchise was nominally intended to serve the interests of the general public, and did so to some extent
• But the interests of the franchise came first in cases where there was conflict
• The main branch roles of relevance to the Doing Business reports involve the bureaucracy and judiciary:
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Roles of the branches
• Judiciary/legal bureaucracy– Deflect legal challenges to the regime
and the actions of franchisees– Impose legal sanctions on opponents of
the regime– Protect the interests of privileged firms
and individuals in the private sector
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Roles of the branches
• Bureaucracy– Implementation of economic policies
conducive to rapid growth– Implementation of policies to generate rents
for privileged companies and individuals– Implementation of policies intended to
generate mass support for the regime• e.g. Subsidy schemes for farmers, small business• e.g. Increasing access to education and health for
the poor
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Returning to the Conundrum…
• Indonesia ranks very poorly according to the recent Doing Business reports
• And it probably would have ranked just as poorly during the Soeharto era
• Yet during that era it maintained sustained high growth for decades
• How to reconcile poor legal and regulatory environment with excellent growth performance?
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Returning to the Conundrum…
• The Doing Business reports overlook the important distinction between ‘insider’ and ‘outsider’ firms, which still exists (albeit less clearly)– The low ranking of Indonesia on most
indicators is relevant to ‘outsider’ firms– But ‘insider’ firms escape extortion by the
bureaucracy/judiciary/military/police, and benefit from dealings with SOEs
– And much of the economic action is with the ‘insiders’, which lead growth and structural transformation
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In Indonesia, at least, legal heritage is of little importance relative to the Soeharto legacy
• In any case, the legal heritage aspect has disappeared from Doing Business reports beyond the first one (in 2004)
• It is no longer even possible to download data on the classification of countries by their legal heritage
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6 July 2007
Doing Business in Indonesia:
legal and bureaucratic constraints
Ross H. McLeodIndonesia Project, ANU