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