`Recalling right prone to abuse by parties'

`Recalling right prone to abuse by parties'

Kurniawan Hari, The Jakarta Post, Jakarta

Political observers criticized the reinstatement of the recalling
mechanism in the newly endorsed bill on the composition of
legislative bodies, saying it is prone to misuse by political
parties that intend to silence outspoken legislators.

J. Kristiadi of the Centre for Strategic and International
Studies (CSIS) and Smita Notosusanto of the Centre of Electoral
Reform (CETRO) said that as in the past the recalling mechanism
would only give political parties too much power that would in
turn endanger democracy.

"The reinstatement of the recalling system is a thoughtless
idea. It will only encourage legislators to be loyal to the
party's central board instead of their constituents," Kristiadi
told The Jakarta Post on Sunday.

The recalling system gives a political party the power to
withdraw its members from a legislative body if they are deemed
to have violated the party statuettes.

He underlined that the House of Representatives and the
government had betrayed and humiliated the reform movement that
urges the nation to uphold democracy.

The bill on the composition of legislative bodies was passed
as the nation braces for the first direct legislative election,
in which voters choose both candidates and their political
affiliation. In the past, voters picked political parties.

Smita concurred with Kristiadi, saying it should be the
constituents who assess the performance of legislators, not the
party's executive board.

"Once a person is elected legislator, he or she is no longer
the representative of a political party, but the people," Smita
told the Post.

She feared the power given to political party's executive
board to recall legislators would threaten democracy in the
country.

The recalling mechanism is also adopted by Law No. 31/2002 on
political parties enacted in November last year, which states
that members of the legislature can be replaced if they are
dismissed from their respective party for violating party's
statutes.

During the era of authoritarian president Soeharto, when the
recalling provision was recognized, some outspoken legislators,
including Marzuki Darusman and Bambang Warih Kusuma of Golkar,
were removed from the House.

Marzuki was recalled soon after telling the press that the
ultimate target of a politician was to become president. It was
taboo to make such a statement when Soeharto was still in power.

Article 103 (3) on the composition of legislative bodies
states that members of the People's Consultative Assembly (MPR),
the House of Representatives (DPR), the Regional Representatives
(DPR), and the Regional Legislative Council (DPRD) cannot be
replaced due to any statements or questions they may express, or
opinions they hold.

Smita said, however, that such a regulation would not prevent
political party's executive board from misusing the power to
silence critical legislators.

"As there is no clear description of who will define the
recalling it will make the stipulation prone to abuse," she
added.

Kristiadi and Smita suggested that the article allowing a
political party to recall its members be scrapped, otherwise it
would encourage legislators to pledge allegiance to the political
party not to the people who vote for them.

Kristiadi said that the recalling must came from the
constituents, not by the party's executive board.

He added that a number of 1,000 people could, for example,
propose for the replacement of certain legislators they
considered underachieving.