Independent candidates may contest local elections

Independent candidates may contest local elections

Kurniawan Hari, Jakarta

Independent candidates may soon be allowed to contest local
elections to choose governors, regents, or mayors, according to
proposed revisions to autonomy laws.

The revised draft of Law No. 22 on the regional administration
also proposes direct elections for governors, regents, or mayors.

Independent figures with no political affiliations may also
contest gubernatorial or regental/municipal elections as long as
they secure the support of at least 1 percent of total votes in
their province, regency or municipality.

In the presidential election, candidates must be nominated by
parties or coalitions that garner at least 3 percent of the seats
in the House of Representatives (DPR), or 5 percent of total
valid votes in the legislative election.

The draft, which the House of Representatives (DPR) plans to
deliberate during its current session, also curtails the access
of regional administrations to natural resources, a move that may
cut the revenue of regional administrations.

Under Law No.22/1999, regional administrations have the
authority to exploit natural resources in their territory, and
are accountable for environmental conservation (Article 10).

According to the government-sponsored bill, however, access to
the natural resources of regional administrations would be
reduced.

Article 20 of the bill states that the central government may
give authority to regional administrations to utilize natural
resources and maritime wealth.

Details of this stipulation would be set out in government
regulations.

The government proposes revisions to Law No. 22/1999 in a bid
to improve the implementation of regional autonomy.

Regarding efforts to reduce potential disputes between the
central government and regional administrations, the bill offers
articles that would improve supervision of the performance of
regional administrations.

Under the bill, provincial administrations have to submit
every bylaw they issue to the central government, and municipal
or regental administration have to submit bylaws to the governor,
no later than 15 days after their endorsement (Article 113).

The central government would assess every bylaw endorsed by
regional administrations to determine whether or not the bylaw
contradicted a higher regulation, or offended public interests.

If the bylaw was found to conflict with the law, the central
government would have the authority to cancel it.

No more than a month after the government canceled the bylaw,
the regional administration would be required to officially
revoke the legislation. Rulings issued by the President or the
home ministry would be final and binding.

Earlier, the House had also prepared revisions to the regional
administration law in an attempt to improve the implementation of
regional autonomy.

Since its implementation in 2001, regional autonomy has
created disputes between regional administrations and the central
government. Several bylaws produced by regional administrations
are known to contradict existing laws.

The government offered comprehensive revisions to the regional
administration law, but legislators seemed to focus on the direct
election of the regional head.

Legislator Agun Gunandjar Sudarsa, who is deputy chairman of a
committee for the bill's deliberation, said on Wednesday that the
direct election of governors, mayors, and regents would be the
top priority during deliberation.

The direct election becomes the main concern because it is
mandated in the amended Constitution, he said.

Aside from that, Agun said, legislators would make some
revisions so that provincial and regental legislatures (DPRD)
could impeach regional heads.

The impeachment would need to be made before a plenary meeting
of the DPRD, attended by at least three quarters of its members
and approved by two thirds of those who attended the meeting. A
move which could only be taken if the governor, the mayor, or the
regent had violated their oath, failed to carry out their duty,
or violated any restrictions imposed upon them.