Democratization in Indonesia: Triumph or crisis?
Democratization in Indonesia: Triumph or crisis?
Chusnul Mar'iyah
In the midst of violence, the processes of political change
continued in 2002, one of which was the amendments to the 1945
Constitution.
The most important changes brought about by of the second and
fourth amendments to the Constitution are as follows: First, a
direct presidential election -- carried out in a two-round
process -- for the next election.
It is the most important change in the post-Soeharto era and
marks a highly hopeful future of more democratic processes in
Indonesian politics. Second, the People's Consultative Assembly
(MPR) was changed into a bicameral institution.
With such changes, would democratization in the face of the
2004 election bring stable democracy? We need to look at both the
above amendments and also preparations for the 2004 election, to
conclude whether democratization in Indonesia is heading for
triumph or further crisis.
Basically, the pressure by civil society since November 1999
-- in the form of the non-governmental organization (NGO)
coalition for a new constitution -- has been adopted in the
second, third and fourth amendment. Since November 1999, the
coalition had striven for a direct presidential election, but the
MPR rejected it at its annual meeting in 2000.
The coalition, according to the NGO Center for Electoral
Reform (Cetro), organized more than 15,000 petitions from 26
provinces and 76 cities in Indonesia in support of a direct
presidential election. The MPR secretariat had to disconnect its
facsimile machine due to the sheer number of letters received. It
seems that the political process still lacks public consultation,
let alone consent.
In the MPR annual meeting this year, the first and second
rounds agreed to adopt a direct presidential election. Why did
the MPR only agree to a direct election during this year's annual
meeting, when the demand has been voiced since the annual meeting
in 2000?
And what did MPR members say about the Indonesian
Military/Police (TNI/Polri) when the NGO coalition met with
legislators on this issue? In an informal meeting with
legislators, Slamet Efendi Yusuf from the Golkar party said that
he had to go and see a doctor in the middle of the night due to
hypertension and was not allowed to attend the meeting any more.
Meanwhile, a spokesperson from the Indonesian Democratic of
Struggle (PDI Perjuangan) stated that TNI/Polri were like the
glue of this nation and so it was necessary to retain their
involvement in the MPR.
There are many more interesting aspects in relation to the
views and behavior of the political elite. They were witnessed
during the 2000 MPR Annual Meeting where NGO representatives
became members of what was dubbed the Fraksi Balkon (the
"faction" attending the session from the balcony). In 2002, the
MPR at least approved Article 2, Paragraph 1 to free MPR seats
from unelected TNI/Polri representatives. The substance of the
amendments, meanwhile, still reeked of vested political
interests.
To say that the 1999 General Election was democratic is
relatively correct. However, after being a member of the General
Elections Commission (KPU), I could argue that the process was
not totally democratic. There are so many cases that have been
taken to the State Administrative Court (PTUN).
The cases included the illegal election of House members. At
least 18 legislators, including a party chairman, allegedly
violated the procedures in the process for their nomination to
the House of Representatives.
In the 1999 General Election, many KPU members did not sign up
to the result of the election. The 1999 election is thus flawed,
though former president B.J. Habibie signed it.
The 1999 General Election was not only a political process but
also a change from an authoritarian regime. Unfortunately,
despite Soeharto's departure the political system in the general
election remains. A democratic nation needs an independent civil
society, something that cannot be brought about under the current
system.
Another vital development in 2002 was the further
deliberations and passing of the political party law while the
draft electoral law was still being discussed.
The direct presidential election seems to be in place, yet the
necessary ruling on the composition and position of MPR members
to be involved in the process has not been passed into law.
Another issue is the Military, in which there will be no more
legislators appointed from TNI/Polri. And the issue of corruption
was eventually progressed, with the establishment of an
anticorruption commission, despite its shortcomings.
In the third amendment to the constitution, chapter 22E,
Article 22 states that "the body supervising the general election
is the General Elections Commission, which is nationwide,
permanent and independent".
Therefore, the most authoritative body for supervising
elections is KPU. However, the law on elections has not yet been
completed.
The DPR passed the law on political parties only this year.
There are some important issues here that must draw the public's
attention. First, the issue of finance. Political parties must
report their financial affairs to KPU.
Second, how to build internal democracy in a political party,
including increasing the involvement of women. The issue on
gender equity and justice received much opposition among the DPR
patriarchs. It seems that there is lack of understanding of
inclusive democracy and deliberative democracy. The demand for a
30 percent quota for women was not accepted in the law of
political parties. Deliberative democracy means that the voice of
the majority of people who will most likely be affected by the
government's decisions must be heard in any decision-making
process. Women are the majority of citizens today, hence
increasing women's role in the decision-making process is a must.
Further, the electoral law, which has not yet been passed.
Political parties have drawn up a list of 963 problems regarding
the bill.
The delayed law on the elections has automatically affected
preparations by the KPU. For example, so far we don't have an
electoral register that would be effective for five years. The
KPU has already decided on a register of voters (voting roll) but
implementing the decision depends on the electoral law still
being deliberated in the DPR.
The big political parties tend to prefer the closed lists of
candidates associated with the old proportional system, in which
political parties, meaning their oligarchy, decide on who will be
the candidates.
Therefore, the challenge is to democratize political parties.
How far would the electoral law give leeway for democratic rule?
Plans for a direct presidential election law will also be delayed
until the electoral law is passed.
Our attempts at democratization have been also been hampered
in the area of human rights. No human rights violation cases,
such as in Aceh, Trisakti University or the Semanggi shootings
has been satisfactorily resolved. Furthermore, corruption is
still endemic, especially with indications of wider misuse of
state money at almost every level of government and the
legislative and judicial bodies. We also lack leadership at
various levels of government.
Political tension has been worsened by a tendency toward
religion-related radicalism, particularly within Islamic groups.
There is no room for radicalism in Indonesian politics. The
campaign of a permanent war against terrorism and a war in Iraq
will also influence the political process in Indonesia through
the 2004 elections. This is a consequence of the structure of
Indonesian society. Demands for syariah (Islamic) law in several
cities and regencies must be handled through democratic and
peaceful approaches.
Hence, the democratic rules of the game may be at a
crossroads. Faced with an ongoing transformation in which
democratic ideals have yet to be realized, there are still many
obstacles to be overcome. The real goals of democratization,
including gender equality and justice, won through nonviolent
means, must be achieved by ending our habitual exclusion of
poverty and gender.
Political tension in 2003 will be higher. Verifying which
political parties can participate in the general election will be
among the major tasks next year. The sheer number of political
parties, which now total 225, will be another obstacle. The total
would not be so important if each party obeyed the legal and
political rules of the game. Political parties are important in
enhancing democracy when they have an internal democratic
culture, are exempt from corruption, are gender-sensitive and
oriented toward people's welfare.
The pessimists on democratization will say that change has not
occurred since the downfall of Soeharto. Nevertheless, optimism
must be the modality for change.
The means and processes aimed at achieving democracy --
constitutional reform, changing the regime, electoral reform,
accountable political parties, civil society awareness, gender
equality and justice -- will bring civil and political liberties
and prosperity under the banner "participatory democracy",
arrived at without violence.