NGOs dought independent local elections despite court ruling
NGOs dought independent local elections despite court ruling
Ridwan Max Sijabat, The Jakarta Post/Jakarta
Despite the recent Constitutional Court ruling, observers are
doubtful about whether the direct elections for governors,
regents and mayors will be free from central government
intervention.
The Center for Electoral Reform (Cetro) and the National
Commission of Law Reform (KRHN) said the court failed to restrict
the role of the central government in its verdict of a judicial
review filed by a group of non-governmental organizations,
including Cetro.
"(On the surface) the Constitutional Court looks committed to
encouraging independent local elections to help develop a full-
fledged democracy in the country. But the judges have refrained
from exercising their interpretative right to declare the local
elections part of the general elections," Cetro executive
director Hadar Gumay told a discussion here on Thursday.
As a consequence of the court's indecisiveness, the Regional
Elections Commission (KPUD) is subject to regulations drafted by
the central government, instead of the General Elections
Commission (KPU), Hadar said.
The Constitutional Court said in its ruling the KPUDs were
part of the KPU, therefore the former answered to the latter. The
ruling amends Law No. 32/2004 on local government that says the
KPUDs are responsible to regional legislatures. It is the KPUD,
therefore, which holds the authority to screen the electoral
candidates.
The court also dropped an article in the law which banned
parties that failed to meet electoral thresholds from competing
in the local elections.
Landmark direct elections for governors, mayors and regents
are scheduled to take place in 11 provinces and 215 regencies and
mayoralties nationwide between June and July. The local elections
follow the legislative and presidential elections last year that
the international community praised as the most democratic ever
held in the country.
The government has been preparing a regulation in lieu of a
law to implement the Constitutional Court's decision and would
review the government regulation issued recently to enforce the
regional administration law.
KRHN Chairman Firmansyah Arifin said the Constitutional Court
had indirectly accepted the government's interference in local
elections by delivering an ambiguous verdict.
"The central government could play a decisive role in the
local elections not only through the government regulation to
enforce the regional administration law, but through the Desk
Pilkada ad hoc committee," he said.
The committee, which involves government officials, has been
set up to help the regions administer the local elections.
Firmansyah predicted the local elections would spark numerous
problems and conflicts among candidates and their supporters due
to the unclear rules of the game and the absence of KPU
involvement in the local elections.
Refly Harun, an assistant to the Constitutional Court, said
the court's ambiguous verdict reflected the difference in
perception among judges about local elections.
He suggested the government regulation recognize the KPU
authority to support the KPUDs in organizing the local elections.
"Of the most importance is that the public, especially NGOs,
should closely monitor the regulation to ensure the role of the
KPU in local elections," he said.