What kind of power will new regional council wield?

What kind of power will new regional council wield?

Frank Feulner, Jakarta

Recently Indonesians went to the polls and voted, amongst
other things, for members of the new Regional Representatives
Council (DPD). Since counting was completed and the names of the
128 people who will represent each of the 32 provinces of
Indonesia were revealed, little public debate has taken place
about the role or the competencies of either these new
representatives or the DPD itself.

This is hardly surprising when polls have revealed a low
public awareness of the DPD. A survey conducted by IFES in July
2003 indicated that three-quarters of the population were unaware
of the DPD; by March 2004 this figure had only increased to 58
percent.

Low awareness about this second parliamentary chamber results
from a lack of clarity about its role and function, especially in
relation to the first chamber, the House of Representatives
(DPR).

Will the DPD be similar to the powerful Senate in the United
States? Or will it be more like a Westminster style Upper House?
Another variant could be a parliamentary second chamber with veto
powers limited to certain issues.

Internationally, what many second chambers have in common is
that they are designed to represent regions rather than
individuals. This can be seen in the examples of the Senate in
the United States, the National Council of Provinces in South
Africa, and the Bundesrat in Germany.

Indonesia's original 1945 Constitution provided for regional
representation in the People's Consultative Assembly (MPR),
together with representation of social groupings like
cooperatives and labor.

Yet with the end of former President Soeharto's New Order
regime, this system of appointed social group representatives was
ended. Representation in this new second chamber is now limited
to regional representatives, based on the formula that the number
of DPD members should not exceed one-third of the number of
members of the DPR, and that each province should have an equal
number of representatives.

The amended Constitution also stipulates that the DPD has the
right to give inputs into issues related to regional autonomy,
center-region relations, regional budgets, and natural resource
management. However, a clear oversight function, or system of
checks and balances in relation to the DPR, is missing. The
result is something that has been reduced to a form of "soft
bicameralism".

The question now arises as to how this chamber, with its
limited formal powers, will function as a state organ capable of
providing a distinctive and useful function, such as mediating
between the different socio-political and economic interests of
central and local government.

The creation of a DPD with limited powers must be seen in the
context of an unfounded fear by certain politicians of political
parties and the military faction who regard the creation of the
DPD as a step towards the creation of a federal state, and away
from the unitary state model.

Because the authority of the DPD is limited to regional
issues, there is a common perception that the DPD has no real
power. However, whilst the DPD does have only limited formal
powers, the popular mandate of its directly elected members is
still a novelty within the Indonesian political landscape.

At the end of the day, it was, of course, the voters that
decided who should get elected. Particularly interesting about
the DPD elections was the voter's interest in both the track
record and future programs of candidates. With discussion of
important regional social, economic, and political issues being
neglected by the political parties contesting the DPR elections
in favor of more general national themes, the DPD elections
allowed for candidates to focus on local issues.

The months to come will show how well the new DPD senators
will work together and will develop their relationships with
their colleagues of their respective provincial legislatures.

Moreover, clear guidelines on the services and duties to their
constituents must be developed, with regional issues carefully
prioritized so as to draw the attention of the House of
Representatives.

With the establishment of the DPD, the foundations of
democracy based on the existence of effective institutions and
direct public participation is being laid. This will have to be
followed by a period of systemic consolidation. In setting up a
bicameral system, Indonesia is currently experiencing both stages
simultaneously. Reform is very much ongoing.

The directly elected members of the Regional Representatives
Council have the best chances to represent the public and to
contribute constructively to political debate. To nurture this
relationship between the politician and electorate, they should
be invited by the public to take positions on specific issues,
such as the development of a regional unemployment and poverty
alleviation strategies, or the balance between rich and poor
regions.

These are the issues to which they should be held accountable.
Thus, the senators should become new channels through which
regional issues can be raised, so distinguish the DPD as an
important vehicle through which to achieve better representation
of regions and people, and mediation of conflicting views and
ideas.

Such an increase in the responsiveness and accountability of
politicians will result in a much needed predictability in
politics, and ultimately support for democratic consolidation.

To bring about this effective and functioning second chamber,
the DPD must be instilled with a sense of purpose. This can be
achieved with a new breed of independently-minded politicians.
Yet, it is very much up to these directly elected regional
representatives to fight for a greater role in the country's law
and policy making process.

To that purpose, more constitutional amendments are both
necessary and likely. Once up and running, the DPD can be granted
greater authority so that it will achieve its necessary oversight
function, and increase its own legislative bargaining power. This
in turn will lead to an equality of legislators between the DPR
and DPD. Then, it will be only a short time before the new
senators are seen as truly credible politicians, taken seriously
by government, parliament, and citizens.

The writer is a political analyst and can be reached at
ffeulner@cbn.net.id