Wed, 16 Jun 2004

Panwaslu fights rule stripping its powers

M. Taufiqurrahman, Jakarta

The Elections Supervisory Committee (Panwaslu) has asked the Supreme Court to review a planned move to strip the election watchdog of some of its powers.

In a letter to the court, Panwaslu said the General Elections Commission's (KPU) planned revision of regulation No. 88/2003 would hamper the committee's ability to monitor the presidential elections. The revision would also make it difficult for the committee to resolve disputes that could arise during the polls, Panwaslu said.

Official Mashudi Ridwan said the KPU had no authority to limit the committee's powers to rule on election disputes, especially those involving the KPU. "We call on the Supreme Court to issue an edict that stops the KPU from being answerable to no one," he said here.

Panwaslu members held a plenary meeting on Tuesday to discuss its response to the KPU's plan. They were to have held the meeting on Monday but many members were away on official trips.

The KPU had earlier agreed substantial changes be made to the regulation to encourage Panwaslu to "perform better".

The changes would ensure the committee was only entitled to resolve disputes between electoral contestants. Panwaslu would have no authority to handle issues arising between the KPU and the candidates.

The KPU also seeks to require the committee submit a progress report upon request, a radical departure from the current regulation that only requires Panwaslu submit a report at the end of its term.

However, KPU deputy chairman Ramlan Surbakti brushed aside suggestions the revision was intended to weaken the supervisory committee. The changes were merely about focusing Panwaslu's activities, he said.

Earlier, many Panwaslu members threatened to quit their posts, should the KPU press ahead with its planned revisions.

Mashudi said that by establishing itself as answerable to no one in electoral disputes, the KPU would stand against the principle of equality before the law.

"The KPU will have to face the consequences if it opted to disregard a Supreme Court ruling against it. And it would be easy for us to take further court action," he said.

Any Supreme Court ruling against the changes would be non- binding in nature.

The latest move from Panwaslu marks the worsening of its already strained relationship with the KPU, which has deteriorated in the months following the April 5 legislative elections.

Article 120 of the General Elections Law No. 12/2003 says the KPU has the ultimate authority over Panwaslu, including its establishment and dissolution.