KPU blames lawmakers for districting problem

KPU blames lawmakers for districting problem

Moch. N. Kurniawan, The Jakarta Post, Jakarta

The General Elections Commission (KPU) has violated the general
elections law on districting because legislators had made
contradictory articles in the law, experts say.

Article 46 (2) of law No. 12/2003 on general elections says an
electoral district is allocated between three and 12 seats in the
provincial legislature. Electoral districts can be a regency or a
combination of several regencies, depending on the size of the
population.

Jakarta, which has 8.62 million people, has 65 seats in the
provincial legislature, to be split among the five
municipalities.

The West Jakarta municipality, with a population of 2 million
people, will get 15 seats, East Jakarta will get 18 seats for
2.44 million people, and South Jakarta 14 seats for 1.86 million
people -- all in excess of the maximum 12 legislators.

This may encourage political parties, especially those that
receive little support from the people, to contest the results of
the 2004 elections.

University of Gadjah Mada law lecturer Denny Indrayana and
Smita Notosusanto of the Center for Electoral Reform (Cetro) said
the KPU had decided to declare a densely populated municipality
or regency as an electoral district, despite the fact it had more
than 12 seats as required by the law.

KPU deputy chairman Ramlan Surbakti said Tuesday that it was
referring to article 46 (1), which stipulates that an electoral
district comprises a municipality or regency or a merger of
municipalities and or regencies -- not separating a regency or
municipality into several districts.

Denny said the decision would create potential problems in the
2004 elections unless political parties made a consensus not to
sue KPU for the decision.

Although it was theoretically possible to review the election
law, it would be risky to do so so close to the elections, he
said.

"I did not understand why legislators did not make a
simulation on districting when deliberating the general elections
law. The law now creates a dilemma on districting.

"We now need a consensus among parties to give their
understanding that the decision on districting is the only
possible solution available. If we try to make a judicial review
or legislative review, the process will be long and if it is
finished after the 2004 election, many will question the
legitimacy of the poll results."

Smita also blamed legislators for creating a law full of
loopholes.

"That elections law is the result of a process in the House of
Representatives that did not include public participation," she
said.

Meanwhile, legislator Ferry Mursyidan Baldan of the Golkar
Party said legislators were unlikely to review the election law.

"KPU should consult with us over its problems in implementing
the general election law," he said.

"We do not consider the law needs revision just because of
this little thing," he said.