Minor parties can join local polls<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Small political parties will now be allowed to propose candidates
\nto run in the upcoming direct elections of provincial governors,
\nregents and mayors, according to a ruling issued by the
\nConstitutional Court on Tuesday.<\/p>\n
The court argued that the prevailing ruling (article 59 of Law
\nNo. 32\/2004), which bans small political parties from actively
\nparticipating in the country's first direct regional elections,
\nwas against the Constitution.<\/p>\n
\"The court opines that the request (to revise the prevailing
\nruling) is quite reasonable, so it must be granted,\" it said.<\/p>\n
The court made the decision during the final hearing of a
\njudicial review of several contentious articles of Local
\nGovernment Law No. 32\/2004 concerning regional elections. The
\nreview was filed by a number of non-governmental organizations
\n(NGOs) and more than a dozen leaders of small political parties
\nin several regions.<\/p>\n
With the new ruling, parties that do not have local council
\nrepresentatives can propose candidates for governors, mayors and
\nregents by forming a coalition with other parties.<\/p>\n
\"A coalition of parties, which garnered 15 percent of votes
\nbetween them in the (previous) legislative election, could
\npropose candidates,\" Constitutional Court president Jimly
\nAsshidiqie said.<\/p>\n
\"The ruling will allow more independent candidates to run in
\nthe regional elections,\" said Ferry Tinggogoy of the North
\nSulawesi provincial branch of the National Awakening Party (PKB).<\/p>\n
Some 215 regions are expected to hold elections in June of
\nthis year to select their executive leaders. The polls will be
\nthe first direct regional elections here, and are seen as part of
\nefforts to promote democracy in the world's largest predominantly
\nMuslim country.<\/p>\n
The hearing was marred by a power blackout, forcing the judges
\nto present their rulings by candle light.<\/p>\n
Not all are happy with the Constitutional Court's rulings.
\nThe NGOs, for instance, were disappointed with the court's
\ndecision to maintain the prevailing central government decree on
\nregional elections.<\/p>\n
The NGOs said that the decree undermines the fairness and
\nindependence of the electoral process as it retains the influence
\nof the President over the fate of regional leaders, despite the
\nfact that they would be directly elected by the people.<\/p>\n
According to the decree, any move by local councillors to
\nimpeach poor performing regional leaders would require the
\napproval of the President.<\/p>\n
The plaintiffs had also demanded that the General Elections
\nCommission (KPU) -- which orchestrated last year's presidential
\nand legislative elections -- be given the authority to implement
\na national system for the elections of regional leaders.<\/p>\n
However, the court retained the role of the provincial branch
\nof the KPU (the KPUD) in carrying out the regional elections.<\/p>\n
The court also ruled that the KPUD is responsible to the KPU,
\nrather than the local legislative council (DPRD) as stipulated
\nunder the prevailing ruling.<\/p>\n
Experts previously said that forcing the KPUDs to report to
\nthe DPRD would run counter to the principle of democracy as the
\nDPRD consists of political parties that take part in the election
\ncontest.<\/p>\n
Smita Notosusanto, an NGO activist and one of the plaintiffs,
\nlambasted the ruling, describing the Constitutional Court's
\ndecision as \"half-hearted\" and favoring the central government.<\/p>\n
A number of experts earlier called on the central government
\nto delay the elections due to a number of problems, ranging from
\nfunding uncertainties to the limited time for the KPUDs to make
\nthe necessary preparations.<\/p>",
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