Loopholes in draft law haunt 2004 elections<\/p>\n
Annastashya Emmanuelle and Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
The election law revision drafted by the Ministry of Home Affairs
\nhas numerous loopholes that need to be closed to ensure fair
\nelections in 2004 free of dispute, observers said on Thursday.<\/p>\n
Legal observer Bambang Widjojanto said the draft did not
\ncontain clear rulings on disputes that could arise over
\nregistration, campaigning, funding and the actual process of the
\nelection.<\/p>\n
Indeed, Bambang said, some articles in the draft revision
\ncontradicted the 1945 Constitution.<\/p>\n
\"The draft revision is worse than existing Law No. 2\/1999 on
\nelections, which is quite bad,\" Bambang said during a media
\nworkshop on the draft election law, organized by the Center for
\nElectoral Reform (Cetro).<\/p>\n
Separately, Minister of Home Affairs Hari Sabarno confirmed
\nthat the long-awaited draft revision on elections and political
\nparties had been submitted to the House of Representatives on
\nWednesday for deliberation.<\/p>\n
Hari said that another draft revision on the composition of
\nthe House, the People's Consultative Assembly and regional
\nlegislative councils was still being prepared.<\/p>\n
The media workshop on Thursday focused on a number of
\ndifferent aspects of the elections, including the electoral
\nsystem, the independence of the General Elections Commission
\n(KPU), sources of campaign funding and the resolution of election
\ndisputes.<\/p>\n
Bambang, Cetro executive director Smita Notosusanto and KPU
\nmember Chusnul Mar'iyah all voiced concern with the quality of
\nthe draft revision.<\/p>\n
They also said they suspected there was an effort by the home
\naffairs ministry to curb the independence of the elections
\ncommission.<\/p>\n
As an example, they said, Paragraph E (5), Article 22 of the
\n1945 Constitution stipulates that general elections are to be
\norganized by a national, permanent and independence general
\nelections commission.<\/p>\n
But Paragraph 8, Article 66 of the draft revision states that
\nthe working period for the KPU is five years from the time of its
\nswearing in, and it is not allowed to sit for another term.<\/p>\n
\"This contradicts the Constitution, which says the KPU is a
\npermanent body,\" said Chusnul, adding that this contradiction
\nwould hamper the performance of the commission.<\/p>\n
The independence of the KPU also seems to be threatened by
\nthe home affairs ministry's decision to declare the commission a
\ngovernment institution, which would give the ministry control
\nover the KPU secretariat.<\/p>\n
The draft revision also says the KPU secretary-general and
\ndeputy secretary-general will be appointed and dismissed by the
\npresident, on the recommendation of the home affairs minister.<\/p>\n
\"The subordination of the KPU to the government will put the
\ncommission in a position of being easily controlled by the ruling
\npolitical parties. The KPU will not be able to maintain its
\nneutrality,\" Smita said.<\/p>\n
At the provincial level, the draft revision says local
\nelections committees will be established by governors and local
\nlegislative councils.<\/p>",
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