Debate over secret ballot continues<\/p>\n
JAKARTA (JP): Two constitutional law experts discussed the
\nbenefits and shortcomings of a secret ballot and open ballot in
\nthe upcoming presidential election.<\/p>\n
Speaking at a seminar on the presidency on Wednesday, Harun
\nAlrasid of the University of Indonesia said it was time for a
\nsecret ballot in which individual members of the People's
\nConsultative Assembly (MPR) would have the freedom to vote for a
\npresidential candidate independent of their respective factions.<\/p>\n
"In the reform era, it is no longer relevant to use the
\nfactional system in the presidential election. A president should
\nbe elected by the 700 MPR members with a majority of the votes,"
\nhe said during the seminar at the House of Representatives. This
\nwould ensure the legitimacy of the president, he said.<\/p>\n
Previously, the president was elected by the Assembly based on
\nthe factional system. Apart from party-based factions from the
\nHouse of Representatives, the MPR includes 200 unelected
\nregional and interest group representatives. These
\nrepresentatives include governors, who are mostly from the
\nmilitary, and military commanders.<\/p>\n
In the next Assembly there will be an additional 38 unelected
\nrepresentatives from the military.<\/p>\n
Both Harun and another constitutional law expert, Muchsan,
\nagreed there should no longer be unelected representatives in the
\nMPR. In the past, these representatives were suspected of being
\nappointed based on their willingness to support the incumbent
\ngovernment.<\/p>\n
However, Muchsan, who teaches at Gadjah Mada University in
\nYogyakarta, said a secret ballot could lead to legislators
\n"betraying" their constituencies.<\/p>\n
"People have indirectly voted for a presidential candidate in
\nthe general election because their parties announced their
\npresidential candidates before the polls," Muchsan said.<\/p>\n
He said an open ballot was more ideal, adding that with an
\nopen ballot there was less risk of legislators' votes being
\nbought.<\/p>\n
"Besides avoiding money politics in the presidential election,
\nthe open ballot system will give space and time for MPR members
\nto elect a president openly, democratically and fairly," he said.<\/p>\n
He said that with an open system, it would be difficult, but
\nnot impossible, for MPR members to vote differently from their
\nfactions in the presidential election.<\/p>\n
"With this system, a MPR member should be allowed to have a
\ndifferent opinion from his\/her faction but he\/she should state a
\nsolid reason for doing this," he said.<\/p>\n
On Monday, the secretary-general of the National Awakening
\nParty, Muhaimin Iskandar, said that with a secret ballot it was
\npossible Muslim factions within the Indonesian Democratic Party
\nof Struggle (PDI Perjuangan) would not vote for the party's
\ncandidate, chairwoman Megawati Soekarnoputri.<\/p>\n
A number of Muslim leaders have said that only male Muslims
\nshould be eligible for the presidency. Muhaimin said the freedom
\nafforded by a secret ballot was an advantage, but the possibility
\nof bribing legislators to vote for a certain candidate would be
\ngreater.<\/p>\n
Harun said voting in the presidential election could be
\ninfluenced by money politics, but hoped this would be avoided if
\nall MPR members were "committed to the public's aspirations".<\/p>\n
Harun said the presence of appointed members in the MPR would
\nmake it difficult for the party which won the general election to
\ndetermine the next president.<\/p>\n
"We will have 238 nonelected MPR members and they will have
\ngreat bargaining power in the presidential election because no
\nparty is expected to win a majority in the (general) election,"
\nhe said.<\/p>\n
Muchsan said the appointment of MPR members should either be
\nphased out or reduced to a minimum.<\/p>\n
The two experts, together with Ramlan Surbakti, a political
\nlecturer from Airlangga University in Surabaya, East Java, said
\nat the seminar that amending the 1945 Constitution, which gave
\ntoo much power to the president, was necessary.<\/p>\n
Ramlan said the Constitution had been widely abused during the
\n30-year New Order regime and it was no longer relevant to the
\ncountry's situation.<\/p>\n
He said an amendment was needed to avoid misinterpretations
\nand to limit presidential power.<\/p>\n
Harun said the Constitution, hurriedly prepared ahead of the
\nAug. 17, 1945, declaration of independence, was designed as a
\ntemporary document.<\/p>\n
Meanwhile, House of Representatives Deputy Speaker Hari
\nSabarno said the House and the government had not yet decided
\nwhen the House would deliberate the proposed bill on the
\npresidency. "The House is waiting for public opinion and comments
\nfrom experts."<\/p>\n
He denied suggestions that the aim of the bill was to block
\nMegawati's presidential aspirations.<\/p>\n
The proposed bill stipulates, among other things, the
\npresident should have at least a university education, which
\nwould bar Megawati from the presidency.<\/p>\n
Muchsan and Ramlan said the current House would not have
\nenough time to deliberate the bill because new members of the
\nHouse would be installed in August. (rms)<\/p>",
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