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Reinventing Indonesia Reinventing Indonesia Reinventing Indonesia Reinventing Indonesia Day 3 Day 3 Presentation of Individual Presentation of Individual Presentation of Individual Presentation of Individual Mid Mid-term Paper term Paper Mid Mid term Paper term Paper Graduate School of Asia-Pacific Studies Waseda University, 15 February 2007

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Graduate School of Asia-Pacific Studies Waseda University, 15 February 2007

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Page 1: Day 3: Presentation of Individual Mid-term Paper

Reinventing IndonesiaReinventing IndonesiaReinventing IndonesiaReinventing Indonesia

Day 3Day 3

Presentation of IndividualPresentation of Individual

ay 3ay 3

Presentation of Individual Presentation of Individual MidMid--term Paperterm PaperMidMid term Paperterm Paper

Graduate School of Asia-Pacific StudiesWaseda University, 15 February 2007y, y

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Reinventing IndonesiaReinventing IndonesiaReinventing IndonesiaReinventing Indonesia

Constitutional ReformConstitutional Reform

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Democratic ConsolidationDemocratic Consolidation

In previous discussions, it was highlighted that electoral d d b i l t i dprocesses and procedures are basic elements in a democracy

and the institutionalization of democratic norms is an important task of democratic consolidation. In a constitutional democracy, the constitution is how the democratic norms, processes and procedures are to be institutedinstituted. Although a democratic constitution by itself does not guarantee the survival of a democracy, the mere existence of the constitution may inhibit any attempt to reverse thethe constitution may inhibit any attempt to reverse the democratization process, to impose an alternative system of government or to stray from democratic norms of governance. In that light, we will discuss the amendments to the constitution that have just been completed in Indonesia.

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The Constitution: A Sacred Document?The Constitution: A Sacred Document?The Constitution: A Sacred Document?The Constitution: A Sacred Document?

The Reformasi (reform movement) spurred widespreadThe Reformasi (reform movement) spurred widespread introspection on the failings of the New Order, specifically of the Indonesian democracy. Many intellectual circles laid part of the blame on the 1945 Constitution. Academicians university students political partiesAcademicians, university students, political parties, NGOs and the press were quick to point out weaknesses in the constitution that contributed heavily to the lack of law and order shallow citizen representation opacity oflaw and order, shallow citizen representation, opacity of governance, and the high incidence of human rights abuses, all antithetical to the shared tenets of reform.

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Th C tit ti A S d D t?Th C tit ti A S d D t?The Constitution: A Sacred Document? . . .The Constitution: A Sacred Document? . . .

Due to common regard of the 1945 Constitution as a sacred document, suggestions to change or even question any of its provisions had always been seen as q y p ybetraying the ideals of the founding of the republic. Those who dared to suggest a review of the Constitution were regarded as subversive elements or worse couldwere regarded as subversive elements or worse, could be accused as enemies of the state. The MPR resolution in1998 had removed the requirement of national referendum for an amendment torequirement of national referendum for an amendment to the 1945 Constitution. Reformasi in post-Suharto Indonesia created more of the pright conditions for change.

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The weaknesses The weaknesses of the original UUD ‘45of the original UUD ‘45

The constitution was written in a very broad and general way. It has only 37 articles and 6 transitory provisions. y y y pThere is strength to the way it was written that makes the constitution flexible and easily adaptable. The weakness is that it is so broad general and flexibleThe weakness is that it is so broad, general and flexible, that it can be—and has been—interpreted in different ways.

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Th k f th i i l UUD ’45Th k f th i i l UUD ’45The weaknesses of the original UUD ’45…The weaknesses of the original UUD ’45…

It i l t f t th i b t id t tIt gives a lot of room to the incumbent president to maneuver and concentrate power in his or her hands, as history has shown with Indonesia’s first and second ypresidents.Despite the allowance of the tendency for the presidency t hij k th l i l t till f lt th t th MPR it lfto hijack the legislature, many still felt that the MPR itself was always endowed with too much power by the original constitution. o g a co s u oSuch an institutional imbalance led to the failure of checks and balances and to a disconnect between the

i h f th l d th MPRwishes of the people and the MPR.

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The Evolving Political SystemThe Evolving Political SystemThe Evolving Political SystemThe Evolving Political System

PeriodPeriod ConstitutionConstitution System of System of GovernmentGovernment

General SituationGeneral SituationGovernmentGovernment

1945-1949 1945 Unitarian/ Presidential

• The system of government was

li tparliamentary • War for Independence• Rebellion: CommunistRebellion: Communist

(1948), Islamic Extremist

1950 F d l F d l/1950 Federal Federal/ Parliamentary

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The Evolving Political SystemThe Evolving Political SystemThe Evolving Political System . . .The Evolving Political System . . .PeriodPeriod ConstitutionConstitution System of System of General SituationGeneral Situation

GovernmentGovernment1950-1959 Provisional Unitarian/

Parliamentary• Functioning parliamentary

democracy (1955 general y y ( gelection)

• Political Instability• Rebellion: Regional Islamic• Rebellion: Regional, Islamic

Extremist 1959-1966 1945 Unitarian/

Presidential• Guided Democracy

Presidential • Campaign to win back Irian Jaya

• Confrontation with Malaysia and its allies

• Deterioratering economy• Coup attempt 1965

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p p

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The Evolving Political SystemThe Evolving Political SystemThe Evolving Political System . . .The Evolving Political System . . .

PeriodPeriod ConstitutionConstitution System of System of GovernmentGovernment

General SituationGeneral Situation

1966-1998 1945 Unitarian/ Presidential

• New Order• Stability

Economic progress• Economic progress• Restrained democracy• Concentration of power• Dominant role of military in

politics and governance 1998-Now 1945 Unitarian/ • Political reforms1998 Now 1945

(amended)Unitarian/

PresidentialPolitical reforms

• Democratization

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Political Institutions: 1945 ConstitutionPolitical Institutions: 1945 ConstitutionPolitical Institutions: 1945 ConstitutionPolitical Institutions: 1945 Constitution

Consultative Assembly (MPR)

People’s

y ( )

SupremeSupremeAdvisory BoardAdvisory Board

(DPA)(DPA)Supreme Court Supreme Court

(MA)(MA)PresidentPresident

(DPA)(DPA)

House ofHouse of

( )( )

S A diS A di RepresentativesRepresentatives(DPR)(DPR)

Supreme Audit Supreme Audit Board (BPK)Board (BPK)

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Political Institutions: 1945 ConstitutionPolitical Institutions: 1945 ConstitutionPolitical Institutions: 1945 ConstitutionPolitical Institutions: 1945 Constitution

The PeopleThe People

People Consultative Assembly (MPR)

President House of Representatives (DPR)

Cabinet

(DPR)

GovernorProvincial House of

Representatives (DPRD I)

District House of Representatives (DPRD II)District Chief (Bupati)

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Political Institutions: 1959Political Institutions: 1959 19661966Political Institutions: 1959Political Institutions: 1959--19661966

PresidentPresident

SupremeSupremeAdvisory BoardAdvisory Board

(DPA)(DPA)Supreme Court Supreme Court

(MA)(MA)MPRMPR

(DPA)(DPA)

House ofHouse of

( )( )

S A diS A di RepresentativesRepresentatives(DPR)(DPR)

Supreme Audit Supreme Audit Board (BPK)Board (BPK)

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Political Institutions: 1999Political Institutions: 1999 20042004Political Institutions: 1999Political Institutions: 1999--20042004

Consultative Assembly (MPR)

People’s

y ( )

SupremeSupremeAdvisory BoardAdvisory Board

(DPA)(DPA)Supreme Court Supreme Court

(MA)(MA)PresidentPresident

(DPA)(DPA)

House ofHouse of

( )( )

S A diS A di RepresentativesRepresentatives(DPR)(DPR)

Supreme Audit Supreme Audit Board (BPK)Board (BPK)

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Goals of reformGoals of reformGoals of reformGoals of reform

C tit ti l f ti l l l t tiConstitutional reform on a practical level meant creating mechanisms that ensured better governance.Reforming the vaunted UUD ’45 reflected new nationalReforming the vaunted UUD 45 reflected new national aspirations which included:

the ending of the military “dual functions”the ending of the military dual functions , the establishment of the supremacy of law, human rights, good governance, the increase in regional and local autonomy (decentralization), andth ti f fthe creation of a free press.

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Goals of reformGoals of reformGoals of reform . . .Goals of reform . . .

On the level of governmental institutions, this meant:

checks and balances between the branches of c ec s a d ba a ces bet ee t e b a c es ogovernment,addressing the tendency for “executive heaviness”.

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Goals of reformGoals of reformGoals of reform . . .Goals of reform . . .

There was a consensus in the polity not to change the preamble of the constitution which contains Pancasila and other basic values laid down by the founding fathers. It was also a consensus established at the onset of the

d t t t h th id ti lamendment process not to change the presidential system of government.

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The methodological model The methodological model of constitutional reformof constitutional reform

Th d l f f th t lti t l ttl dThe model of reform that ultimately settled upon was intended to minimize conflict and garner the most cooperation from disparate interests, from ardent p p ,reformers to the most reluctant conservatives. Two features stood out: The incremental amendment

hi h i i d b th A iprocess, which was inspired more by the American system rather than a rewriting that would mirror the French style of constitutional reform, and to avoid e c s y e o co s u o a e o , a d o a o dsettling conflict over the most crucial clauses and language by voting as far as possible.

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The methodological model of The methodological model of constitutional reform . . .constitutional reform . . .

Reform by addendum allowed especially the more conservative and nationalist legislators to feel that a part of resistance-era history had been honored and ypreserved for future generations Incremental reform on an existing constitution would also mean that future generations could more easily trace itsmean that future generations could more easily trace its evolutionChange would be slow but gradual, and carefully and collectively considered and implementedcollectively considered and implemented

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The mechanics of reform The mechanics of reform and public participationand public participation

Public Participation Public TV and Media

MPR Working Group

Comparative Studies

• Germany, • England,

th U it d St t

Regional Visits

MPR Working Group

Amendment Process

• the United States, • Sweden, • Denmark, • China,

J

Public Meetings

• Japan, • Russia, and • Malaysia

Seminars

NGO

Constitutional Commissions

• ThailandNGOs Thailand, • South Korea,• Germany, and • the United States (NGO’s)

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The Amendment ProcessThe Amendment ProcessThe Amendment ProcessThe Amendment Process

The 1st Amendment 1999The 2nd Amendment 2000The 3rd Amendment 2001The 4th Amendment 2002

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The First Amendment 1999The First Amendment 1999The First Amendment 1999The First Amendment 1999

A term limit of two consecutive five-year terms Returned the power of legislation to parliamentp g pAmbassadors to foreign countries and from foreign countries to be confirmed by the parliament and not i l i t d b th id tsimply appointed by the president

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The Second Amendment 2000The Second Amendment 2000The Second Amendment 2000The Second Amendment 2000

Enhanced decentralization and regional autonomy. Members of the parliament would have to be elected th h bli l ti Thi i i d ththrough public elections. This provision sends the message that there should be no more appointed members to the parliamentmembers to the parliament.

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The Second Amendment 2000The Second Amendment 2000The Second Amendment 2000 . . .The Second Amendment 2000 . . .

E h i i th ti f th li f th ilitEnshrining the separation of the police from the military. Through a separate decree that is not part of the constitution the appointment of the commander of theconstitution, the appointment of the commander of the armed forces and the chief of police have to be confirmed by the parliament. This provision sent a clear i l th t th ilit i b di t t i ili th itsignal that the military is subordinate to civilian authority.

A new section on human rights was constituted that incorporated statements from the Universal Declarationincorporated statements from the Universal Declaration of Human Rights.

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The Third Amendment 2001The Third Amendment 2001The Third Amendment 2001The Third Amendment 2001

Provides for direct election by the people of the president and the vice president as a ticket, which may be put forward by one political party or a group of partiesforward by one political party or a group of parties. To be elected, the candidate will have to get more than 50% of the popular vote with at least 20% of the vote in50% of the popular vote with at least 20% of the vote in at least half of all the provinces.

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The Third Amendment 2001The Third Amendment 2001The Third Amendment 2001 . . .The Third Amendment 2001 . . .

S t t l d d f th i h t fSets out rules and procedures for the impeachment of the president. The president can be impeached by the assembly (MPR) at the recommendation of parliament, if y ( ) p ,he is proven guilty of crime or is found no longer suitable to hold the office of the presidency. Th li t l th t th id t bThe parliament can only propose that the president be impeached after requesting that the Constitutional Court examine the charges against the president and after e a e e c a ges aga s e p es de a d a ereceiving from the court a finding that the president is guilty as charged. Thi h i i i t d d t t b fThis mechanism is intended to prevent abuse of impeachment proceedings by the legislature.

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The Third Amendment 2001 . . .The Third Amendment 2001 . . .

Affirms that judicial power lies with the Supreme CourtAffirms that judicial power lies with the Supreme Court and the courts beneath it, as well as the newly constituted Constitutional Court. Th C tit ti l C t h th th itThe Constitutional Court has the authority:

to preside over charges against the president in an impeachment process; p ;to resolve the disputes between the various branches of the state; to order the dissolution of political parties and to resolve disputes p p pconcerning the results of an election. to review the constitutionality of laws, while the Supreme Court tests the legality of governmental rules and decrees to existing llaws.

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The Third Amendment 2001The Third Amendment 2001The Third Amendment 2001 . . .The Third Amendment 2001 . . .

Established that appointments of the members of the Supreme Court by the president have to be proposed by a newly constituted independent judicial commissiona newly constituted independent judicial commission, and approved by the parliament. The Judicial Commission is a judicial watchdogThe Judicial Commission is a judicial watchdog established by the constitution to uphold and safeguard the honor, integrity and conduct of judges.

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The Third Amendment 2001The Third Amendment 2001The Third Amendment 2001 . . .The Third Amendment 2001 . . .

In a major structural change to the legislative body, although Indonesia remains a unitarian state, the third amendment constituted a bicameral system ofamendment constituted a bicameral system of representation. It established the House of Regional RepresentativesIt established the House of Regional Representatives (Dewan Perwakilan Daerah-DPD), representing each of the provinces equally, similar to the US Senate.

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The Third Amendment 2001The Third Amendment 2001The Third Amendment 2001 . . .The Third Amendment 2001 . . .

E t bli h d th l l l ti G lEstablished the rule on general election. General election is to be held once every five years. It provides that the participants in the election forIt provides that the participants in the election for members of parliament are political parties, while for the Regional Council they are individuals. The elections are carried out by an independent general election commission.

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The Fourth Amendment 2002The Fourth Amendment 2002The Fourth Amendment 2002The Fourth Amendment 2002

Defines that the MPR consists of the parliament (HouseDefines that the MPR consists of the parliament (House of Representatives or DPR) and the House of Regional Representatives (DPD).This provision also permanently barred non-elected members of MPR, such as those representing the functional groups including the military of past years.g p g y p yThe MPR as the join session of DPR and DPD, although no longer possesses the absolute power it had had before the amendment sill retains the authority tobefore the amendment, sill retains the authority to amend the constitution and impeach the president and elect president when both the president and vice president are simultaneously permanently incapacitatedpresident are simultaneously permanently incapacitated.

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The Fourth Amendment 2002The Fourth Amendment 2002The Fourth Amendment 2002 . . .The Fourth Amendment 2002 . . .

Specifies that in a presidential election, if no ticket can achieve the 50-20% threshold, the two tickets with the most votes will run in another direct election by themost votes will run in another direct election by the people.

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The Fourth Amendment 2002The Fourth Amendment 2002The Fourth Amendment 2002 . . .The Fourth Amendment 2002 . . .

Incorporation of clauses relating to social justiceIncorporation of clauses relating to social justice.Guaranteeing universal government-sponsored primary education, minimum aggregate education spending of gg g p g20% from the national government and regional government’s budget.Strengthened language on social justice andStrengthened language on social justice and environmental friendliness.

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Political Institutions (2003Political Institutions (2003--Now)Now)MPR

DPR550

DPD4 x Number of Provinces

DPRD Province35 s.d 100

DPRD Kab/Kota20 s.d 45

General Election

Political PartiesPolitical Parties

General Election

The People

GSAPS-2007-Day3 www.ginandjar.com 34Source: Law No. 22/2003

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Political Institutions (2003Political Institutions (2003--Now)Now)Political Institutions (2003Political Institutions (2003 Now)Now)

P l ’P l ’

House ofHouse of RegionalRegional

Consultative Assembly (MPR)Consultative Assembly (MPR)

People’sPeople’s

RepresentativesRepresentatives(DPR)(DPR)

ggRepresentatives Representatives Council (DPD)Council (DPD)

The PeopleThe People

PresidentPresidentGeneral ElectionGeneral Election

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ClosingClosingClosingClosing

The main idea behind the reforms begun in 1999 was to ensure that a newly revised constitution established an effective system of checks and balances between the various branches of the state, primarily by limiting the power of the executive branchpower of the executive branch.

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ClosingClosingClosing . . .Closing . . .

At the same time the reforms sought to ensure that the sovereignty of the people was reflected in the way the government was organizedThe four amendments have successfully been able to

l d d h d th bj ti th l i thconclude and reached those objectives thus laying the foundation for democracy to develop in Indonesia, as the third largest democracy in the worldthird largest democracy in the world

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Reinventing IndonesiaReinventing IndonesiaReinventing IndonesiaReinventing Indonesia

PRACTICING DEMOCRACYPRACTICING DEMOCRACYPRACTICING DEMOCRACYPRACTICING DEMOCRACY

The 2004 General Elections: The 2004 General Elections: Si ifi t B i iSi ifi t B i iSignificant BeginningsSignificant Beginnings

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Constitutional ReformConstitutional ReformConstitutional ReformConstitutional ReformThe 1945 Constitution was regarded as a near sacredThe 1945 Constitution was regarded as a near sacred documentThe 1998 MPR session passed a resolution, VII/MPR/1998, removing the requirement that a national referendum was needed to amend the 1945 ConstitutionAmong the amendments to the Constitution two standAmong the amendments to the Constitution two stand out as most significant:

the direct election of the President (and Vicethe direct election of the President (and Vice-President), the establishment of a bicameral system of the ylegislative branch of government.

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State Institutions Under the Amended ConstitutionState Institutions Under the Amended Constitution

Legislative Executive Judiciary

MPR

DPD DPR BPK

KPU

President

KPK

MA MK

KYKPU KPK KY

MPR : Majelis Permusyawaratan Rakyat People’s Consultative Assembly

DPR : Dewan Perwakilan Rakyat Lower House

DPD : Dewan Perwakilan Daerah Upper House

BPK : Badan Pemeriksa Keuangan Supreme Audit Board

MA : Mahkamah Agung Supreme Court

MK : Mahkamah Konstitusi Constitutional Court

KPU : Komisi Pemilihan Umum General Election Commission

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KPK : Komisi Pemberantasan Korupsi Corruption Eradication Commission

KY : Komisi Yudisial Judicial Commission

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Remaking the political institutionsRemaking the political institutionsRemaking the political institutionsRemaking the political institutions

The new laws for the 2004 elections of the DPR DPDThe new laws for the 2004 elections of the DPR, DPD, DPRD, and the President and Vice-President.The new election laws strengthen the role of political g pparties as the main democratic institutions and lowers barriers to entry. The parliamentary elections (DPR and DPRD) are basedThe parliamentary elections (DPR and DPRD) are based on the proportional system with open lists of candidates submitted by the participating political parties.A candidate has to be a certified member of theA candidate has to be a certified member of the participating political party and at least 30 percent of the candidates from each political party must be women.

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Remaking the political institutionsRemaking the political institutionsRemaking the political institutions. . .Remaking the political institutions. . .

The candidates in the election of DPD are individualsThe candidates in the election of DPD are individuals. To become a candidate one has to collect the signatures of a minimum number of eligible voters, the numberof a minimum number of eligible voters, the number depending on the number of voters in each province. A candidate for the DPD may not have served as board ymember of any political party for four years prior to becoming a candidate. Members of the civil service, the military (TNI) and the police cannot run for a seat in DPD and anyone from those services wishing to run for a seat in the DPD hasthose services wishing to run for a seat in the DPD has to resign before becoming a candidate.

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Remaking the political institutionsRemaking the political institutionsRemaking the political institutions . . .Remaking the political institutions . . .

The number of members of DPR is 550 (an increase ofThe number of members of DPR is 550 (an increase of 50 from its previous size) distributed among the provinces in proportion to the population. All members of DPR are elected, eliminating the previously reserved places for military and police.The number of members of the DPD should not exceedThe number of members of the DPD should not exceed one-third of the number of members of DPR.The Constitution does not give the DPD legislative g gpower. Ironically, though they have less power, it is much more diffi lt t b l t d b f DPD th t bdifficult to be elected a member of DPD than to become a member of the Parliament.

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Remaking the political institutionsRemaking the political institutionsRemaking the political institutions . . .Remaking the political institutions . . .

The President and Vice-President are directly elected onThe President and Vice-President are directly elected on one ticket.Only a party or a coalition of parties that holds at least 15Only a party or a coalition of parties that holds at least 15 percent of the seats in DPR or receives 20 percent of popular votes in the election of DPR can nominate candidates for president and Vice-President.For the 2004 presidential election the threshold is l d t 3 t f th t i DPR 5 t flowered to 3 percent of the seats in DPR or 5 percent of popular votes.The election is implemented and supervised by theThe election is implemented and supervised by the Commission for General Election.

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Legislative electionLegislative electionLegislative electionLegislative election

Electoral processElectoral process42 political parties participated in the legislative election for the DPR and DPRD on April 5 2004election for the DPR and DPRD on April 5, 2004The DPD election featured candidates who contested for seats to represent their respectivecontested for seats to represent their respective province in their individual capacities.In general, the entire electoral process proceeded in g , p pa smooth, orderly, secure, and democratic manner, as witnessed by national and foreign election monitoring agencies.

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Legislative electionLegislative electionLegislative electionLegislative electionDPR election

The results of the legislative election for members of both the DPR and DPRDs were unforeseen and changed significantly the configuration of the political g g y g pmap. The Golkar Party regained a plurality with a 24.5 million votes (21 6%) with PDI-P as the first runner-million votes (21.6%), with PDI-P as the first runner-up with approximately 21 million votes (18.5%). PKB, which came in third, gained close to 12 million

t (10 6%)votes (10.6%). Other parties with significant support included The Prosperous Justice Party (PKS), which drew around p y ( ),8 million votes (7.3%), and the newly founded Democratic Party, which secured almost 8.5 million votes (7.4%).

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votes (7.4%).

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DPR electionOnly 17 parties won seats in the national parliament.Indonesian Law permits all participating political parties to file co rt challenges ith the Constit tionalparties to file court challenges with the Constitutional Court (Mahkamah Konstitusi), if they can provide evidence of material errors in the ballot counting process. Out of the 24 participating parties, 23 filed lawsuits with the Court, contested the vote count.,Following a series of brief court hearings, the Court reached a final verdict on the election results. The verdict altered the KPU’s allocation ofThe verdict altered the KPU’s allocation of parliamentary seats.

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DPR electionThe legislative election results changed the configuration of political power within the DPR. According to the pre ailing DPR R les andAccording to the prevailing DPR Rules and Regulations, all members of the DPR are obliged to register as faction members. A faction must consist f t l t 13 bof at least 13 members.

Factions within DPR may be formed by a single political party. This is the model used by the Golkar p p y yParty Faction and the PDI-P Faction. Factions can also be established by a coalition of two or more political parties Such coalitions aretwo or more political parties. Such coalitions are generally formed when a party fails to meet the 13-seat requirement to establish an independent factionfaction.

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DPR electionThe coalition factions: the Democratic Party Faction, which includes The Democratic Party and The Indonesia United and Justice Party (PKPI); and TheIndonesia United and Justice Party (PKPI); and The Democratic Pioneer Faction, which merges The Crescent and Star Party (PBB), The Nationalist United Democratic Party (PDK) The Pioneer PartyUnited Democratic Party (PDK), The Pioneer Party (PP), The Indonesia Democratic Supremacy Party (PPDI), and PNI Marhaenisme.

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DPR electionDPR membership is divided into the following factions:

No Faction Seats %1. The Golkar Party 127 23.222. PDI-P 109 19.933. The United Development Party (PPP) 57 10.424. The Democratic Party (PD) 57 10.425. The National Mandate Party (PAN) 53 9.696. The National Awakening Party (PKB) 52 9.517 Th P J ti P t (PKS) 45 8 237. The Prosperous Justice Party (PKS) 45 8.238. The Democratic Pioneer Star (BPD) 20 3.669 The Reform Star Party (PBR) 14 2 569. The Reform Star Party (PBR) 14 2.56

10. The Prosperous Peace Party (PDS) 13 2.38547

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547

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DPD electionThe legislative election also allowed Indonesians to vote for their representatives in the House of Regional Representatives (DPD). g p ( )For the first time in Indonesian political history, voters held the right to directly elect members of a national legislative bodynational legislative body. The DPD consists of 128 members representing 32 provinces. Each province, irrespective of the size, is represented by four members i e individuals whorepresented by four members, i.e. individuals who are restricted from holding positions in a political party structure.

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DPD electionThe DPD’s membership features a blend of pprominent public figures originating from various backgrounds, some best known for their roles in religious, cultural, or educational domains. g , ,Other DPD members are former government officials, including former ministers and governors , lawyers and businessmen religious scholars andlawyers and businessmen, religious scholars and leaders, and prominent NGO activists.

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Presidential electionPresidential electionPresidential electionPresidential election

Nomination of the candidatesNomination of the candidatesThe legislative election marked the beginning of a new chapter in Indonesian politics as the countrynew chapter in Indonesian politics, as the country entered a historic new phase of democracy. For the first time ever in modern Indonesian politics, pthe President and Vice-President were directly elected by the people. This development reflected the maturing ofThis development reflected the maturing of Indonesia’s citizenry and civil society. The direct presidential election was also consideredThe direct presidential election was also considered as a significant democratic reform.

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N i ti f th did tNomination of the candidatesThe results of the legislative election, combined with a threshold requirement established by the relevant election law, left only seven parties eligible to independently nominate a ticket with presidentialindependently nominate a ticket with presidential and vice-presidential candidates. These parties were: The Golkar Party (21.58%), PDI-P (18.53%), PKB (10.57%), PPP (8.15%), The Democratic Party (7.45%), PKS (7.34%) and PAN (6 44%)(6.44%).

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N i ti f th did tNomination of the candidatesIn the run-up to the presidential election, six tickets p p ,of presidential and vice-presidential candidates emerged:

1. Megawati – Hasyim Muzadi, nominated by PDI-P.2. Wiranto – Salahuddin Wahid, proposed by the Golkar

PartyParty.3. Amien Rais – Siswono Yudho Husodo, backed by PAN.4. Susilo Bambang Yudhoyono – M. Jusuf Kalla, representing

the Democratic Party.5. Hamzah Haz – Agum Gumelar, proposed by PPP.6 Abdurrahman Wahid Marwah Daud nominated by PKB6. Abdurrahman Wahid – Marwah Daud, nominated by PKB.

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N i ti f th did tNomination of the candidatesFive of these six tickets were determined through the political parties’ internal decision. Only the Golkar Party conducted an open election to select its presidential nominee through ato select its presidential nominee through a convention, which involved the party’s organizational structure from the grassroots level up to the provincial and national level. For Indonesia, this was a first.

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First round presidential electionFirst round presidential electionFollowing a series of verification procedures, KPU officially confirmed five out of the six tickets mentioned yabove were eligible for the presidential and vice presidential election. The five tickets comprised the official candidates for the pJuly 5, 2004 Presidential Election. Abdurrahman Wahid and Marwah Daud Ibrahim fell short in the KPU’s verification process due to health prequirements which disqualified PKB presidential candidate Abdurrahman Wahid, in accordance to the Presidential Election Rules and Regulations. The KPU later confirmed that this decision was based on health test results approved by the appointed medical team from the Indonesian Doctors Association (IDI). ( )

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First round presidential electionpThe first round of the presidential election took place on July 5, 2004. Susilo Bambang Yudhoyono and Jusuf Kalla received aSusilo Bambang Yudhoyono and Jusuf Kalla received a plurality of the vote. The official results are as follows: 1. Susilo Bambang Yudhoyono-Jusuf Kalla gained 39,838,184

votes (33.574%), o es (33 5 %),2. Megawati Soekarnoputri-Hasyim Muzadi obtained

31,569,104 votes (26.605%), 3. Wiranto-Salahuddin Wahid gained 26,286,788 votes g , ,

(22.154%), 4. Amien Rais- Siswono Yudo Husodo received 17,392,931

votes (14.658%), 5. Hamzah Haz-Agum Gumelar won 3,569,861 votes

(3.009%).From the above vote tally, none of the tickets surpassed y pthe designated threshold of fifty percent of the total votes. The two top-presidential and vice presidential tickets proceeded to the runoff election.

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Runoff electionRunoff electionThe second round election was held on September 20, 2004. Susilo Bambang Yudhoyono and Jusuf , g yKalla won the election with a final tally of 69,266,350 votes. This figure far exceeded Megawati Soekarnoputri-This figure far exceeded Megawati Soekarnoputri-Hasyim Muzadi’s total of 44,990,704 votes. The official KPU tally of 114,257,054 votes in the

id ti l ff l ti fl t d 60 62%presidential runoff election reflected a 60.62% majority for Susilo Bambang Yudhoyono and Jusuf Kalla, while Megawati Soekarnoputri-Hasyim Muzadi

i d th t f 39 38% f th l t treceived the support of 39.38% of the electorate.

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Runoff electionRunoff electionThe parties that backed Megawati’s ticket later formed a coalition under the name of Koalisiformed a coalition under the name of Koalisi Kebangsaan (The National Coalition).The official results of the presidential and vice ppresidential election were announced on October 4, 2004 by the KPU. Susilo Bambang Yudhoyono and Jusuf Kalla (also known as SBY-JK) were officially declared as President elect and Vice President elect of thePresident-elect and Vice-President-elect of the Republic of Indonesia for the period of 2004-2009.They were officially sworn in on October 2004 inThey were officially sworn in on October 2004, in front of a special plenary session of the MPR.

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The Significance of the 2004 ElectionThe Significance of the 2004 ElectionThe Significance of the 2004 ElectionThe Significance of the 2004 Election

The 2004 General Election has opened a new chapterThe 2004 General Election has opened a new chapter in Indonesia’s march towards democracy. Many had expressed concern over whether the election could take place in a peaceful manner characterized bycould take place in a peaceful manner, characterized by fairness and transparency. Many also expressed concern over the possibility of clashes between groups of political party supporters especially during theof political party supporters, especially during the presidential election.This concern was understandable, as at almost the

ti th t I d i h ld it l ti I di d thsame time that Indonesia held its election, India and the Philippines also carried out elections, but these were tainted by physical violence which resulted in y ycasualties.

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The Significance of the 2004 ElectionThe Significance of the 2004 ElectionThe Significance of the 2004 Election. . .The Significance of the 2004 Election. . .

By contrast the Indonesian General Election took placeBy contrast, the Indonesian General Election took place peacefully, without conflicts or casualties. Political observers –domestic as well as foreign–unanimously acknowledged that the 2004 Elections, both the legislative and presidential elections, had been conducted in a fair and open manner without majorconducted in a fair and open manner, without major irregularities. The elections marked a significant and positive step toward a democratic future.

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Direct Regional ElectionsDirect Regional ElectionsDirect Regional ElectionsDirect Regional Elections

For decades, the idea of direct regional elections forFor decades, the idea of direct regional elections for local leaders was unthinkable. But things change and Indonesia embraced direct regional elections for governor and district chief/mayors in 2005, whichgovernor and district chief/mayors in 2005, which promises to deepen and institutionalize democratic traditions at the grassroots level.The village chief however had been directly elected forThe village chief however had been directly elected for many years, the only democratically elected leaders for a long time. The elections of the village chiefs, however have been marked by horizontal conflictshowever, have been marked by horizontal conflicts which sometime are quite violence thus creating doubt whether Indonesia was ready for direct election for its political leaderspolitical leaders.

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Direct Regional ElectionsDirect Regional ElectionsDirect Regional Elections . . .Direct Regional Elections . . .

Direct regional elections --the first in the country'sDirect regional elections --the first in the country s history-- are scheduled to be held in over 200 mayoralties, districts and provinces. y p

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Direct Regional Elections . . .Direct Regional Elections . . .The regional elections, which had their starting point in the regional autonomy that was introduced in 2001, were g y ,held in the high spirit that followed the free and fair general elections in 1999 and 2004, and marked a giant leap of faith to embrace a system that had beenleap of faith to embrace a system that had been disregarded for over four decades. Regional autonomy itself has long been criticized for doing little for people at the lower levels of societydoing little for people at the lower levels of society, serving only to transfer power from the hands of unscrupulous politicians in the central government to even more unscrupulous ones at the local leveleven more unscrupulous ones at the local level. There is now hope that the regional elections will eventually bring a more democratic rule to the local level

fand lead to the rise of local leaders who are more accountable and qualified, and able to carry out the wishes of the people.

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p p

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Direct Regional Elections . . .Direct Regional Elections . . .gg

There were also some surprises in the elections. Golkar pParty, which had been widely tipped to win most of the seats in the elections, and announced its goal of winning 60 percent of the seats in the regional elections, did not do as well as

dexpected. After the regional elections, a new pattern of relationship between the local and central governments will emerge. The g glocally elected leader will consider himself to be more independent and more predisposed to oppose the central government if its policies are considered to be against the i t t f hi itinterests of his community.With more elections to come, and despite some imperfections in the polls that have been held, this undertaking -- a learning

i i it l t th t h ld b d t d ithexperience in its early stages that should be conducted with patience and perseverance -- holds the dreams and ideals of a democratic country.

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どうもありがとうございましたどうもありがとうございましたどうもありがとうございましたどうもありがとうございました

Terima KasihTerima KasihTerima KasihTerima Kasih

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