Presidential elections bill endorsed<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
The House of Representatives endorsed the bill on presidential
\nelections on Monday, paving the way for the country's first ever
\ndirect elections in 2004.<\/p>\n
\"We agreed to endorse this bill so that people can elect their
\npresident directly,\" said Hamdan Zulva, a legislator from the
\nIslamic-based Crescent Star Party. \"It is one of our best
\nachievements.\"<\/p>\n
Indonesia is expected to hold a direct presidential election
\nbetween June and August 2004.<\/p>\n
The bill does not require candidates to have a university
\ndegree, allowing President Megawati Soekarnoputri to run for
\nreelection despite never finishing college.<\/p>\n
It also allows convicted criminals whose cases are under
\nappeal to run for the presidency, opening the door for House
\nSpeaker Akbar Tandjung to become president. Akbar was convicted
\nlast year of corruption and sentenced to three years in jail but
\nremains free pending appeal.<\/p>\n
Legislator Yusuf Muhammad said on Monday the bill was a
\nstarting point for the long process of electing a president.<\/p>\n
\"So do not expect everything from the bill, as if it were the
\nultimate instrument for settling all problems,\" he said.<\/p>\n
The country requires four bills as the legal basis for the
\n2004 legislative and presidential elections.<\/p>\n
The newly endorsed presidential elections bill, however,
\nimmediately drew criticism from non-governmental organization
\nactivists, who insisted the draft violated the 1945 Constitution.<\/p>\n
The bill, which will automatically become law after two
\nmonths, limits the number of parties allowed to field candidates
\nin the upcoming presidential election to those that garner 5
\npercent of the vote or 3 percent of the seats in the legislative
\nelection scheduled for April 5.<\/p>\n
\"That stipulation is unconstitutional,\" Center for Electoral
\nReform director Smita Notosusanto said during a press conference
\nafter the House endorsed the bill.<\/p>\n
Article 6A (2) of the Constitution states that presidential
\ncandidates and their running mates shall be nominated by
\npolitical parties or coalitions of parties contesting the
\nlegislative elections.<\/p>\n
However, constitutional law experts Jimly Ashidiqqie of the
\nUniversity of Indonesia and Abdul Mukti Fadjar of Brawijaya
\nUniversity in Malang, East Java, said the bill did not violate
\nthe Constitution.<\/p>\n
Jimly emphasized that the electoral threshold was a \"technical
\nelaboration\" on the Constitution.<\/p>\n
\"Restrictions are known in many countries. Developed countries
\nalso have adopted electoral thresholds,\" he told The Jakarta
\nPost.<\/p>\n
Jimly said the stipulation must not be viewed as a
\nrestriction, but as a requirement for political parties to prove
\nthey have the support of the people.<\/p>\n
The home ministry had proposed that only political parties or
\ncoalitions of parties winning at least 20 percent of the seats in
\nthe House be allowed to nominate presidential candidates.<\/p>\n
After much negotiation, this threshold was lowered to 3
\npercent of the seats for the 2004 elections.<\/p>\n
Mukti Fadjar also said this stipulation was not a violation to
\nthe Constitution, though he acknowledged that ideally all
\npolitical parties would be allowed to nominate presidential
\ncandidates.<\/p>\n
\"Well, there is a restriction. This is because the
\nConstitution and the law were deliberated by politicians. So the
\nresult is a compromise among the politicians,\" Mukti told the
\nPost.<\/p>\n
Leaders of the House special committee that deliberated the
\npresidential elections bill said in the end compromise was
\nnecessary to resolve all of the contentious issues surrounding
\nthe bill.<\/p>\n
\"We always try hard to follow all of the regulations set out
\nin the Constitution. Since the House is a political institution,
\nit is normal to have compromise,\" committee chairman Teras Narang
\nsaid.<\/p>\n
With the endorsement of the presidential elections bill, there
\nis one final elections bill awaiting endorsement, namely the bill
\non the composition of legislative bodies.<\/p>\n
Two other bills -- on political parties and elections -- were
\nendorsed earlier and have become law.<\/p>",
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"sponsor": "Okusi Associates",
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