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New Law
on Political Parties
On December , 2007, the House of
Representatives (DPR: Dewan Perwakilan
Rakyat) approved the bill on political
parties. According to Constitution, bill
approved by the DPR shall be enacted
into law within thirty days, with or
with out approval of the president.
Thus, the bill just approved by the DPR
constitutes a new law regulating
political parties.
The new political party is just one of a
packet of bills on political matters.
The others, yet to be approved by the
DPR, concern general elections, election
of president and vice-president, and the
composition and status of the
Consultative Assembly (MPR: Majelis
Permusyawaratn Rakyat), the Regional
Representatives (Dewan Perwakilan Rakyat)
and the Regional Houses (DPRD: Dewan
Perwakilan Rakyat Daerah).
The new law on political parties
confirms guarantee of the right to
establish political parties. It improves
regulations stipulated in the law it
places. However, it also tightens
regulations on the establishment of
political parties. Since the system in
Indonesia is that a political party
should be national in nature, the new
law stipulates that a political party
should have management boards in sixty
percent of the total number pf provinces
in Indonesia (currently 33), 50% in the
total number of regencies and
municipalities in a province, and 25% of
the total number of sub-districts in a
regency or municipality. The new law
re-affirms the 30% female representation
in a party, which should also be
reflected in the establishment of a
party.
The new law requires
transparency, in which the political
parties should openly report their
revenues and expenditures. The size of a
donation that may be received by
apolitical party is larger in the new
law, namely Rp. 1 billion from an
individual and Rp. 4 billion from a
corporation. There is no stipulation in
the new law forbidding political parties
from receiving donations from government
departments or state institutions,
however.
Prof. Dr. Muladi, Governor
of the National Resilience Institute (Lemhanas:
Lembaga Ketahanan Nasional), declared on
December 12, 2007, that it would “be
very dangerous if the political parties
may receive funds from government
departments, because many party leaders
are currently cabinet ministers.
Regulations that political parties may
not receive donations from government
departments and state-owned institutions
should be regulated firmly in the form
of a government regulation”.
Prof. Muladi further said
that political parties should only
receive funds from the state budget (APBN:
Anggaran Pendapatan dan Belanja Negara)
and the regional budget (APBD: Anggaran
Pendapatan dan Belanja Daerah). “In
fact, government aid is not sufficient
to finance all party activities. Thus,
there should be a way out for financing
political parties in the future, because
political parties in the future, because
political parties are needed in a
democracy.”
The problem of political
parties’ financial resources has
resulted in number of them being led by
businessmen, because they have the
funds.
Fajrul Falaakh, a lecturer
at the law faculty of the University of
Gadjah Mada in Yogyakarta, believes
there should be a regulation stipulating
that government aid to political parties
can only be given on the basis of votes
obtained by the parties during a general
election. ”There should be no other aid
to the political parties; the ideal is
that the government does not finance the
political parties,” he explained.
Political parties, according
to Fajrul Falaakh, should become the
self-supporting political activities of
their members. If the government takes
part by giving aid, the political
parties could transform into a state
bureaucracy outside the government. The
financial resources of the political
parties should come from the members’
own donations or contributions from
members, volunteers, and supporters of a
party’s line.
In short, criticism of the
new law on political parties focuses on
such matters as the tightening of
conditions for establishing a political
party, concern that the political
parties will end up dominated by fund
owners or the source of the power they
obtain, and weaknesses in the
supervision of political parties.
The criticism is
understandable, because it is related to
party performances to date, which have
not fulfilled the hopes of the people.
There is also the tendency for a
political party to be ‘owned’ by its
management board. Meanwhile,
democratization within the political
parties does not work, the tendency
towards oligarchy coming to the fore.
The Indonesian Survey Institute
confirmed, in March 2007, the alienation
of political parties from their
constituents, and the majority of voters
felt that the parties worked more for
group interests or those of their
leadership.
Representation of the
interests or hopes of constituents by a
political party or political power makes
the democratic system work. The failure
of a political party to carry out its
role and functions could harm the
democratic system itself.
The political party law
provides the rules of the game with the
hope of encouraging the political
parties to play their required roles.
The political parties should adapt to
the new regulations. The Department of
Law and Human Rights should verify the
73 political parties already registered
herewith. The government and the DPR
should complete the law on general
elections and other related laws, so
that the General Elections Commission (KPU:
Komisi Pemilihan Umum) can verify the
political parties who will be the
participants in the general elections.
The 2009 general elections, just one
year and a half away, may be looked upon
as a test on whether the Indonesian
people are capable of consolidating
their democracy, democratically and
peacefully.
We would like to remind the state
functionaries of the homework yet to be
done, while time is running short.
Meanwhile, the people are busy dealing
with the country’s economic condition.
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January 2008
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