Mon, 24 Jun 2002

Legislators pay less attention to KPU's independence

Edith Hartanto and Moch. N. Kurniawan, The Jakarta Post, Jakarta

Legislators say that they are committed to holding the 2004 general election as scheduled, but they do not seem to care about the importance of an independent General Elections Commission (KPU).

Interviewed on Saturday, legislators from the Indonesian Democratic Party of Struggle (PDI Perjuangan) and the Golkar Party said that the KPU should be able to operate independently under the auspices of the government as prescribed in the bill on elections currently being deliberated by the House of Representatives (DPR).

"If KPU members feel they can't organize the polls on time, they should resign," said Agustin Teras Narang of PDI Perjuangan faction.

"Frankly, we don't see any problem with the independence of the KPU in the bill," Agustin, who chairs House of Representatives Commission II for legal and home affairs, said.

The KPU comprises 11 independent and professional people who were installed last year in a departure from the 1999 election procedures in which KPU members consisted of political party representatives.

KPU members have complained that the election bill drafted by the government undermines its independence by giving the Ministry of Home Affairs most of the authority to organize the polls. They claim that an independent KPU is a prerequisite to a democratic election.

The KPU warned over the weekend that insubstantial deliberation of the election bill could force the next elections to be postponed, as a credible election needed at least two years of preparation. Less than two years of preparation would result in an election of inferior quality, they said.

One of the unintended consequences of a delayed poll would be an extension in the tenure of President Megawati Soekarnoputri and her Cabinet as well as legislators.

KPU members are due to present their own draft of the election bill at a hearing with the House on July 11.

Teras said that a limited budget had made it impossible for the establishment of a totally independent KPU.

"Why must we debate on this (the separation of the KPU general secretariat from the Ministry of Home Affairs) matter? It does not relate to the KPU's independence.

"The KPU cannot receive a budget from the government if its general secretariat is not placed under the authority of a ministry," he said.

The 1999 elections cost the state Rp 1.3 trillion (US$149 billion at the current rate). The current government faces a budget deficit partly due to the prolonged economic crisis.

Legislator Yahya Zaini of the Golkar Party said that with staff coming from the bureaucracy, the KPU could still function as an independent election organizer.

"The KPU wouldn't have to worry about that. By using the ministry's staff, the KPU wouldn't have to worry about paying them because they are civil servants," Yahya said.

What the lawmakers seem to overlook is that the bureaucrats may be tempted to resort to corruption. Thousands of fraud cases during the 1999 elections allegedly committed by bureaucrats and political party officials have yet to be brought to court.

The election bill is part of a package of four political bills that must be endorsed by the House in December at the latest as a precondition to holding the 2004 general election.

MPR Decree No.IV/1999 stipulates that the next general election must be held by 2004 at the latest. The KPU will decide on the exact election date after consulting with the President.

Main bones of contention concerning KPU's independence

Government:

* In carrying out its duty, the KPU is assisted by a secretariat general which functions as a government institution under the auspices of the Ministry of Home Affairs.

* The secretary-general and deputy secretary-general are inaugurated and dismissed by the President based on proposals by the minister of home affairs.

* The organization and structure of the KPU secretariat general are decided by the minister of home affairs.

* The KPU secretary-general is answerable to the KPU chairman only for the operational aspects of the election, but at the same time the secretary-general is tied administratively -- on finance and budget -- to the minister of home affairs.

KPU

* The KPU is assisted by a secretariat general which functions as a non-departmental government institution.

* The secretary-general and deputy secretary-general are proposed by the KPU and installed as well as dismissed by the President.

* The organization and structure of the KPU general secretariat are set by the President based on the KPU's proposals.

* The KPU secretary-general is answerable to the KPU chairman.

Source: The government and the KPU's version of the general election bill.