Government issues decree allowing delay in regional elections
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The government issued on Wednesday a government regulation in lieu of law (Perppu) that will enable the postponement of direct regional elections for regents, mayors and governors.
Due to poor preparation, some regions are not ready to hold the unprecedented direct elections, scheduled to start in June.
The government also issued a regulation to revise Government Regulation No. 6/2004 on the election and inauguration of regional leaders, following the recent annulment of some articles and sections of paragraphs of Law No. 32/2004 on regional administration, the legal basis of the direct regional elections, by the Constitutional Court.
President Susilo Bambang Yudhoyono signed Government Regulation in Lieu of Law No. 3/2005 on revision of Law No. 32/2004 and Government Regulation No. 17/2005 on revision of Government Regulation No. 6/2004 earlier in the day. The new regulations were effective on their day of issuance.
State Secretary Yusril Ihza Mahendra said the regulation in lieu of law was issued in anticipation of the possible postponement of regional elections due to natural disasters, security problems or other disruptions, including a lack of funds, logistical materials and election committee personnel, which are not stipulated in the 2004 law.
"We issued the Perppu due to the tight deadline and the fact that the House of Representatives is in recess," Yusril said.
Generally, a Perppu is issued in an emergency. If the House does not respond to the regulation within a month it is considered to have accepted it.
The House will sit on Monday.
The government has announced that 215 elections for mayors and regents and 11 elections for governors will be held between June and July.
The government of President Megawati Soekarnoputri issued a Perppu last year that enabled a delay in the April legislative elections in regions due to natural disasters or disruption in the supply of ballot papers and boxes. The General Elections Commission (KPU) failed at that time to meet the deadline it set for delivery of election logistical materials in many regions.
The new Perppu also spells out the central government's support to ensure the success of the regional elections and revises an earlier regulation on the maximum number of voters a polling station can accommodate from 300 to 600.
Yusril said the new Perppu did not stipulate a procedure for independent candidates to contest the regional election nor the accountability of the local elections commission (KPUD).
"That does not need to be regulated. Before being amended by the Constitutional Court, Law No. 32/2004 said independent candidates could only contest under the banner of political parties, but now they don't have to. Let KPUDs register eligible candidates as long as they meet the requirements set by the law," he said.
The Perppu does not regulate the accountability of KPUDs either, although the Constitutional Court said the regional bodies are answerable to the KPU.
"Maybe, (the KPUDs are accountable) to God. But, they must inform the local legislatures and the public," Yusril said.