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.