Law restricts number of political parties
Law restricts number of political parties
Bambang Nurbianto and Adianto P. Simamora, The Jakarta Post,
Jakarta
Only a few of the over 200 new political parties will contest
the 2004 general election as many of them will likely fail to
meet the strict requirements imposed by the new Law on Political
Parties.
Existing parties have nine months to adjust themselves to Law
No. 31/2002, otherwise, they will not be recognized as a
political party.
The law requires a party to have offices in at least 50
percent of the country's provinces, 50 percent of the regencies
and mayoralties in each province where its offices are located
and 25 percent of the districts of those regencies and
mayoralties.
Therefore, according to one General Elections Commission (KPU)
member, only a few of the over 200 new political parties
registered at the Ministry of Justice and Human Rights will pass
the screening.
Mulyana W. Kusumah, a KPU member, said that only two or three
dozen parties would be eligible to contest the 2004 election,
including the six firmly established political parties.
Andi A. Mallarangeng, an executive of the newly established
Democratic and National Unity Party (PPDK), agreed and said that
many new parties would find it difficult to meet the
requirements.
"The new law is not democratic as it tries to prevent the
emergence of new parties by imposing strict requirements that are
hard to meet," Andi told The Jakarta Post.
He said his party was working hard to meet the requirements so
that by April it would have established offices in enough
provinces, regencies and districts as stipulated by the law.
Meanwhile, Natalia Scholastika, the secretary-general of the
People's Democratic Party (PRD), said that the new law was a
result of backroom deals by big political parties to restrict
people's aspirations.
"This will protect the interests of the New Order and
neoliberalism," Natalia said, referring to the administration
under former president Soeharto.
Andi, who is a former KPU member, said the establishment of
political parties should not be confined to strict requirements.
Nevertheless, he agreed that strict requirements should be
imposed for political parties to contest the general election.
Forty-eight political parties took part in the 1999 general
election, but only six parties managed to collect the two percent
threshold of voters, making themselves eligible to contest the
2004 election.
The six parties are, from the largest to the smallest, the
Indonesian Democratic Party of Struggle (PDI Perjuangan), the
Golkar Party, the United Development Party (PPP), the National
Awakening Party (PKB), the National Mandate Party (PAN) and the
Crescent Star Party (PBB).
Other parties, including PRD, will have to merge with others
or rename themselves to qualify for the next elections.
PRD's Natalia, however, said that her party would not be
deterred by the new law as it would not take part in any
elections run by the current administration.
She said PRD would take part in the elections if they were
organized by a presidium appointed by the people to replace the
leadership of President Megawati Soekarnoputri.
Highlights of Law No. 31/2002 on political parties
1. Establishment of a political party
a. A party should be established by at least 50 Indonesians over
the age of 21.
b. A party should be registered at the Ministry of Justice and
Human Rights.
c. A party should have offices in at least 50 percent of the
country's total provinces; 50 percent of the
mayoralties/regencies in each province where it has offices, and
25 percent of the districts in each mayoralty/regency where it
has an office.
2. Party's principles
A political party has to adopt the 1945 Constitution and
Pancasila as its constitutional and ideal principles.
3. Rights
a. A political party has the right to propose a change of
membership in a legislative body.
b. A political party has the right to propose a dismissal of
representatives in a legislative body.
c. A political party has the right to nominate presidential and
vice presidential candidates.
4. Obligations
a. A party has to keep records of its donors, and the amount of
their contributions.
b. A party has to report its annual financial position to the
General Election Commission (KPU).
c. A party has to open a special account for financing campaigns
and supply information on those accounts to the KPU no more than
six months after the elections.
5. Finances
a. Financial sources are restricted to membership contributions,
other legal contributions and the state budget.
b. The maximum annual contribution from a member or nonmember is
Rp 200 million.
c. The maximum annual contribution from an organization is Rp 800
million.
6. Prohibitions
a. Receiving contributions from state-owned companies.
b. Establishing business entities.
c. Adopting Communism, Marxism or Leninism as the party's
principles.
7. The Ministry of Justice and Human Rights, the KPU and the
Ministry of Home Affairs will supervise the parties.
8. Sanctions could come in the form of warnings, cancellation of
funds from the state budget, suspensions, refusal to take part in
the general election, criminal charges or fines.
9. Transitional provisions
Political parties that were established on the basis of Law No.
2/1999 and officiated by the Minister of Justice and Human Rights
are obliged to adjust themselves to the new law within nine
months.