Experts insist civil servants can join political parties

JAKARTA (JP): Constitutional law and political experts insisted on Wednesday that the 1945 Constitution assures civil servants and servicemen of their right to join political parties.

Rebuffing their political counterparts in the discussion on the political bills here, the constitutional law scholars argued that aside from reasons of human rights, the constitution guarantees equal political rights for all citizens, including civil servants and servicemen.

Sri Sumantri, a professor of Jayabaya University, slammed the political bills that ban civil servants and soldiers from politics.

"Civil servants and servicemen have the right to join the existing political parties or establish their own and, therefore, the bills need revision in accordance with the constitution.

The constitution stipulates that all citizens are guaranteed their political rights and freedom to associate and speak.

To be consistent with the constitution, he said, the controversial 1966 Provisional People's Consultative Assembly decree that bans the Indonesian Communist Party (PKI) should be revoked.

The current law requires that civil servants and servicemen retire before joining political parties.

Gde Panca Astawa, a constitutional law expert at the Padjadjaran University in Bandung, said the bill fails to explain why civil servants and servicemen are banned from political parties.

"The bill must preserve equal rights for all citizens in politics and provide adequate and logical reasons if it exempts military servicemen and civil servants," he said.

Meanwhile, political experts defended the barring of civil servants and servicemen from politics due to practical and historical reasons.

Ramlan Surbakti from Airlangga University in Surabaya, East Java, said civil servants and servicemen could exercise their right to vote in general elections but they are not allowed to actively involve themselves in political parties because it will hamper their neutrality.

"It will be very dangerous if government officials and civil servants are allowed to hold certain positions in a party or the Indonesian Military is permitted to form its own party," he said.

He said the nation should learn from the New Order era during which the military stood behind the ruling party Golkar and servicemen were forced to vote for the party.

Maswadi Rauf from the University of Indonesia concurred and said Indonesia would suffer a setback if the military is free to join or set up its own party.

"The military's involvement in politics will certainly kill civilian supremacy and we will have a military-style regime again," he said.

Regarding the bill on the composition of the People's Consultative Assembly (MPR), House of Representatives (DPR) and provincial and regency legislatures, the experts were also divided over the revival of a ruling that allows a party to withdraw its representatives and the composition of the proposed regional representatives in the House.

Many defended a party's authority to recall its legislators in the parliament while others were of the opinion that it would give the parties more power than the House.

Maswadi said political parties should be authorized to sideline their respective legislators who are considered unable to channel their constituents' aspirations.

On the contrary, Bagir Manan, a constitutional law expert from the Padjadjaran University, said the right to recall legislators stipulated in the three political bills should be phased out since the ruling would restrict legislators from being creative and outspoken.

"Such a ruling is against the planned district system. A decision to sack legislators means a political party ignores the trust of constituents in the legislators," he said, adding that once elected, legislators represent the people.

All the experts supported the planned "bicameral" or two-room system in the parliament but they were divided over the composition of the regional representatives.

The bill on the composition of the MPR, DPR and provincial and regency legislatures regulates that the number of regional representatives is 120 and they are to be elected directly in general elections. (rms)