Election monitoring by NGOs violate laws, experts say
Election monitoring by NGOs violate laws, experts say
SEMARANG (JP): Legal experts welcomed the wishes of local non-
governmental organizations (NGOs) to participate in the
monitoring of the 1997 general elections, but say the move is
against the law.
Soehardjo, a professor of law at Diponegoro University, told
The Jakarta Post here yesterday that every citizen, including
activists of NGOs, has the right to monitor general elections.
However, this does not mean that they can intervene in the actual
monitoring conducted by a body officially established for that
purpose, he said.
Soehardjo, who is also a former legislator, said that a
mechanism has already been set up to handle violations occurring
during general elections. "There are measures stipulated in the
laws to handle violations," he said.
Another expert, Pramoe Soetomo, agreed that NGOs cannot be
included in the formal body for the monitoring of the general
elections. Seen from the perspective of the laws on general
elections, he said, the wishes of the NGOs cannot be accepted.
Both experts are commenting on the recent establishment by ten
NGOs in Bandung, West Java, of an independent poll monitoring
committee.
Made up of student activists, youths and public figures, the
committee vowed to independently monitor all stages of the
general elections, from the registration procedure to the final
ballot count.
One of its activists said they set up the committee out of
concern over rampant fraud, particularly during the ballot
counting process, in the past general elections.
The committee also said that it will take both legal and
political action if violations still occur in the 1997 general
elections.
The establishment of this committee was greeted with
enthusiasm by some observers, in the hope that it can help
achieve a "honest and fair" general election.
Head of the National General Elections Monitoring Committee
Singgih had welcomed the NGOs initiative, but pointed out that
there are legal limitations as to what the activists can do in
monitoring the elections.
The independent committee can hold its own monitoring
activities, but would not be able to interfere with the formal
committee's policy and programs.
Pramoe said the wish of the NGOs to participate in monitoring
the 1997 general election can serve as an indicator of the
domestic political development.
"The Indonesian politics is marked with contradictions," he
said. "When the government tries to tighten control, it tends to
be authoritarian. But when it strives for political openness, it
faces a danger of societal groups pushing for liberalization."
"The NGOs could change and become the opposition," he said.
The laws on general elections stipulate that only an official
monitoring committee can supervise the implementation of the
elections, Pramoe pointed out.
"What's important is whether the committee is able to make
corrections, or sue those found to be violating rules in the
election," he said. "It needs not only political will, but the
courage to do it." (har/swe)