Amended Constitution gives political parties stronger role

Amended Constitution gives political parties stronger role

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

The newly amended Constitution now gives more power to the
people through political parties, but still lacks one thing: a
proper system of checks and balances.

Political observer Bachtiar Effendi said on Sunday that the
amended Constitution, although not wholly satisfactory, has put
the executive, legislature and judiciary in their rightful
places.

"This will eliminate possible distortion in the process of
democracy," Bachtiar told The Jakarta Post.

Hadar N. Gumay from the Center for Electoral Reform (CETRO)
also made a positive comment on the amended Constitution,
especially on the inclusion of a direct presidential election.

With such an election, power should be distributed equally
between the executive and the legislative branches, where
legislators should no longer intervene with the administration.

"A direct election means, logically, the president should have
full support from the people. It will strengthen the president's
legitimacy. As a consequence, we will have a much better
administrative system," he told The Jakarta Post on Saturday.

Conversely, Hadar said, the people would have the power to
elect and even alter the administration.

Nevertheless, Bachtiar and Hadar warned that the amended
Constitution was unfair in that it granted the privilege only to
political parties to nominate candidates for president and vice
president, as stipulated in Article 6A (paragraph 2).

No individual or candidates proposed by independent groups
would be allowed to contest a presidential election.

Consequently, political parties would be able to provide a
counterbalance to the president and vice president through the
House of Representatives.

Hadar added that it would only be members of political parties
who could contest general elections for seats in the House as
well as on local legislative councils, as stipulated by Article
22E (paragraph 3).

Individual candidates would be allowed to contest membership
of the Regional Representatives Council (DPD), which, together
with the House, would form the People's Consultative Assembly
(MPR).

"Although Article 22E, paragraph 4, allows individuals to be
elected as DPD members, their total is just about one-third that
of House members. The DPD also has little power to influence
government policy," said Hadar, who is also a member of the
Coalition for a New Constitution.

The Coalition highlighted crucial issues missed in the fourth
and final amendment of the Constitution, passed by the MPR early
on Sunday morning.

The amended Constitution failed to mention crucial auxiliary
state institutions, such as the independent and permanent General
Elections Commission (KPU), an anticorruption commission, the
National Commission on Human Rights (Komnas HAM) and the National
Ombudsman.

Hadar argued that the inclusion of such state institutions in
the Constitution, aside from the fact that their presence was
stipulated under legislation, would give a stronger legal basis
to their work in providing an appropriate system of checks and
balances on the government.

Therefore, Hadar said, an independent constitutional
commission had to be established to write a new comprehensive
constitution.

Political observer Mochtar Pabotinggi agreed with Hadar's
suggestion for the expedited formation of a constitutional
commission, as stated in an MPR decree.