NGOs, KPUDs reveal flaws in regional election law

NGOs, KPUDs reveal flaws in regional election law

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The first hearing of a judicial review by the Constitutional
Court last week of several contentious articles of Law No.
32/2004 concerning direct elections of regional leaders
(provincial governors, mayors and regents) has revealed
significant public concerns over weaknesses in the law.

A number of non-government organizations (NGOs) and provincial
offices of the General Elections Commission (KPUD), which brought
the case to the court, expressed their opposition to certain
articles within the new law.

These articles, according to the plaintiffs, contravene the
Constitution as they fail to ensure principles of fairness and
impartiality during and after elections.

The plaintiffs also rejected as questionable sections of the
law concerning the resolution of administrative and election
disputes, and crimes arising from poll proceedings.

They demanded that a national system be applied for elections
of regional leaders, rejecting Law No. 32/2004 that gives
authority for conducting these elections to the provincial KPUD
instead of the central government's General Elections Commission
(KPU).

Firmansyah Arifin of the National Law Reform Consortium
(KRHN), which is among the plaintiffs, said the problems stem
from shortcomings in the Constitution that fails to guarantee a
single election system in the country.

"The Constitution opens doors for various interpretations on
the election system used at national and regional levels," he
said.

The Constitution clearly stipulates that disputes over results
of the general elections at the national level are settled by the
Constitutional Court, but it says nothing about elections for
regional leaders.

Firmansyah said Law No. 32/2004 authorizes the KPUD to conduct
elections for regional leaders. But, the law also stipulates that
KPUD, which is the regional arm of KPU, must be responsible for
provincial legislative councils (DPRD).

Law No. 32/2004 ignores the existence of the KPU, which is
authorized to conduct general elections, by excluding from any
role in direct elections for provincial governors, mayors and
regents.

Another problem, Firmansyah said, is the fact that the
government and the House of Representatives, which enacted the
law, appointed the Supreme Court to settle possible disputes
related to the direct elections of local executive heads.

"The Supreme Court and lower courts still face a lot of
problems. Our experience in the 1999 general elections showed
that only four or five out of some 2000 election-related cases
were settled by the courts," he said.

While the judicial review case is being heard by the
Constitutional Court, Firmansyah urged the Supreme Court to
appoint ad hoc judges to hear election-related cases in a bid to
boost their independence.

Law No. 32/2004 came into force in October 2004. While the law
was ostensibly enacted to nurture democracy in the country, many
have warned of a possible backlash over its many confusing
stipulations.