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.