The Jakarta Post, February 07, 2005
Govt 'undermining' Aceh, Papua autonomy
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The government is altering the rules on how regional elections should be carried out in
the resource-rich provinces of Aceh and Papua, a move which some say undermines
the special autonomy status of the two regions and the independency of the election
process.
The changes are seen in the final draft of the government regulation on direct regional
elections, a copy of which was obtained by The Jakarta Post. The draft is expected to
be approved by President Susilo Bambang Yudhoyono in the near future.
The people of various regions in the country are expected to turn out to vote in June
for their regional leaders, in what will be the country's first direct regional elections.
More than 200 leaders of regional administrations -- including mayors, regents and
governors -- will soon end their terms.
According to the draft, the election of governor in oil and gas-rich Aceh will be
managed by an independent commission, to be set up by the Aceh Legislative
Council (DPRD).
Article 143 paragraph 8 of the draft says that members of the commission will
comprise members of the Aceh General Elections Commission (KPUD) and the
public.
The article, however, contradicts Article 13 paragraph 2 of Law No. 18/2001 on Aceh's
special autonomy status, which says that members of the independent election
commission should consist of members of the General Elections Commission (KPU)
and the public.
The government regulation consequently requires the KPUD to report to the DPRD,
which critics say undermines the independency of the election process, since the
DPRD consists of political parties that propose the candidates who run in the
election. They said that the KPUD should instead report to the KPU, to ensure the
independency of the election.
Article 41 of the government regulation draft also bans independent candidates from
running in the election, which is against the special autonomy law that welcomes
independent candidates.
The government regulation also modifies the stipulation on the election supervisory
commission in Aceh.
While the autonomy law says that the election supervisory commission in Aceh
comprises members of the Aceh legislative council, members of national elections
supervisory bodies and the public, the government regulation rules that the
commission consists of councillors, police, prosecutors, university officials, the press
and independent local figures.
As for the regional elections in Papua, the government regulation is seen to
undermine the role of the Papua People's Council (MRP).
Article 36 paragraph 1 of Law No. 21/2001 on special autonomy for Papua stipulates
that the Papua Legislative Council (DPRD) must seek the consideration and approval
of the MRP before inaugurating elected candidates.
However, Article 139 paragraph 2 says that consideration and approval from the MRP
must be sought on one issue only: the requirement that the candidates are native
Papuans.
However, the draft of the government regulation on regional elections stipulates that
the DPRD could inaugurate the elected governor of the province should the MRP fail to
give its consideration and approval within seven days.
Smita Notosusanto, the chairwoman of the Center for Electoral Reform (CETRO),
warned that the government must not degrade the autonomy power it has given to
both Aceh and Papua as this could cause a backlash from the local people, some of
whom have long campaigned for the sovereignty of the provinces.
CETRO and a number of non-governmental organizations and some KPUDs have filed
for a judicial review of Law No. 32/2004 on regional administration in a bid to change
the rules of regional elections.
They consider the law is against the Constitution as it fails to guarantee the fair and
impartial principles of regional elections, due to the strong involvement of the
government in the process.
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