Proposal on a Governor Election Act Draft: Indonesian Ministry of Internal Affairs: If the Governor is Dead, the Vice Governor should also “Go to Bury”!
Thursday, 31 May 2012 16:46:41 WIB
Reporter: Rahardi Soekarno J.
Surabaya (beritajatim.com) - The government has outlined the Governor Election Act Draft (RUU Pilkada) and submitted it to Indonesian House of Representatives (DPR RI). There are some new and interesting points on that RUU Pilkada. One of them is the Vice Governor is proposed by the elected Governor and the assignment period is the same with the Governor.
This was conveyed Prof. Dr. Zudan Arif Fakrulloh SH MH (Head of Legal Bureau Ministry of Internal Affairs – Kemendagri) on the National Seminar “Finding the Right Governor and Vice Governor Election Format that is Democratic aims to realize the Unity and the Integrity Under the 1945 Constitution” at Ubaya, Thursday (31/5/2012).
“To avoid the political rivalry, the assignment period of the Vice Governor should be the same with the Governor. If the Governor is dead or remain absent, the Vice Governor should automatically step down. Then, an officer or the acting Governor will be appointed to lead the province,” he said.
Zudan Arif who is also a member of the team that drafted RUU Pilkada and Regional Government (Pemda) explained few important things in relation to the RUU Pilkada, such as the Regent/Mayor is directly elected by the public through the Regional General Election Commission (KPUD), while the Governor is elected by the Regional DPR (DPRD) with an election committee along with the Provincial KPUD
Then, the severe selection process is necessary to find a quality Governor. The education background is proposed must be at least a Bachelor degree holder and have no moral defect. “The RUU also anticipates the emergence of the political dynastic in the region. For example, when someone is appointed as East Java Governor, there should be no family who serves as Regent/Mayor in East Java. From the juridical perspective, it is not a problem, but it can be a problem from the ethics of governance perspective,” he added.
Moreover, the RUU Pilkada that will be discussed by DPR RI on 06 June 2012 also addresses the Pilkada participants from political parties or coalition of political parties. On the Governor Election (Pilgub), the independent candidate is prohibited. Meanwhile, for the District/City Head election, the candidates from political parties, coalition of political parties and independent are allowed.
Interestingly, in order to minimize the cost of Pilkada, the open campaign with a procession model is prohibited. The campaign model is directed to be limited meetings; dialogue; dissemination through printed and electronic media, broadcasting through radio and/or television; distribution of campaign materials to the public; installation of visual aids in public area; and the open debate of candidates.
“We also propose the disputes of Pilgub result is settled in the Supreme Court and the Regent/Mayor disputes are settled in Constitutional Court. It also regulates the stages of the election disputes where the administrative dispute will be settled in the Administrative Court and the criminal dispute is settled in the District Court,” he explained
He then revealed the 2010 Pilkada data that showed from the total of 244 Pilkadas, a total of 164 are the incumbents, but only 15 of the incumbents paired with the same Vice Governor.
“It indicates that only 6.15 percent of the Governor and Vice Governor can work in harmony. To stop the rivalry, we propose to only elect the Governor and let the Governor appoint the Vice Governor,” he concluded. (tok/kun)
DPR RI Begins to Discuss the RUU Pilkada on 6 June
Surabaya (ANTARA News) - Prof. Dr. Zudan Arif Fakrulloh SH MH (Head of Legal Bureau Ministry of Internal Affairs – Kemendagri) underlined that DPR RI will start discussing the RUU Pilkada on 6 June, thereby, it is expected to finish by the end of this year.
“Yes, we were invited to DPR RI on 06 June to explain the government’s proposed draft about RUU Pilkada,” he explained after delivering a national seminar on election at University of Surabaya (Ubaya), Thursday.
According to Prof. Zudan, some points on the RUU Pilkada Draft comes from the government initiative, such as the implementation of Pilgub through the process in DPRD (rather than direct election); Pilgub and Pilwagub are “one package”, and elections that are not the same for each of the areas throughout Indonesia.
“The excess of direct Pilkada only spots the popular candidate, while the good quality candidate is not elected, because of the lack of popularity,” he said.
He explained that Pilgub is directed to be elected by DPRD (rather than direct election), for three reasons of the constitution, the Governor’s position as “a unit of”, and the effectiveness of funds.
“Our constitution administers that the Presidential Election (Pilpres) is direct election, but Pilkada is democratically elected, so that the democratic elections could be a direct election and through DPRD,” he described.
Another reason, the Governor is “a unit of” who becomes a representative of the Central Government in the province. Efficiency is another reason (high cost and high potential for conflict), because it costs IDR 4 Trillion to conduct 244 Pilkadas in 2010.
“Hence, we agree with the Marzuki Alie (DPR RI Chairman) to conduct the Pilgub and Pilwagub within a single package aim to avoid political rivalry prior to the elections. In 2010, there were 244 elections and 164 of them were “incumbent”, but only 15 percent of them paired with the same Vice Governor,” he said.
East Java Governor Election
On the same occasion, Marzuki Alie (DPR RI Chairman) said that DPR RI will invite the government to explain the RUU Pilkada Draft at the DPR RI building on 06 June.
“If the discussion can be concluded 2-3 Plenary Meetings, then the RUU Pilkada will become Pilkada Act by the end of this year, so that the elections that will start in 2013 will use this new Pilkada Act,” he said.
According to Arief Budiman (Central Election Commission member), East Java Pilgub Java will likely use the old system or direct selection (not through DPRD), because he believes the RUU Pilkada can not be completed this year.
“If not completed within this year, then the East Java Pilgub will remain using a direct election, because the initial stage will be started early January to February 2013, unless the RUU Pilkada is completely finished,” explained Arief.
Meanwhile, H Saifullah Yusuf as East Java Vice Governor is submissive and won’t debate the system, whether the East Java Pilgub will be direct election or through DPRD.
“If possible, the direct election should be held for 2-3 periods, and then evaluated. For now, the direct East Java Pilgub is still one period, so no need to rush for the evaluation,” he explained.
He measured that the direct election produces leaders who are loyal to the people.
“The basic idea is the manager of people money should have a direct mandate from the people, and the mandate obtained from the people will make the leaders loyal to the people in every planning of the program,” he ended. (E011/E008)
Editor: B Kunto Wibisono
East Java Vice Governor agrees to maintain the Direct Election System
suarasurabaya.net | East Java Vice Governor decided to maintain the direct Pilkada for the next 1-2 periods. According to him, this system ensures that all people can nominate themselves.
Saifullah Yusuf (East Java Vice Governor) said he agreed to maintain the current Pilkada system. His reason is the direct election system guarantees the right of every citizen to nominate themselves. Besides, people can directly get involved.
“If the cost (of Pilkada) is expensive, that’s democracy, but the people’s economy is also growing. Paper, T-shirts, and the socialization of campaign also involve the people,” said Gus Ipul as a speaker on the National Seminar “Finding the Right Governor and Vice Governor Election Format that is Democratic aims to realize the Unity and the Integrity Under the 1945 Constitution” at University of Surabaya (Ubaya), Thursday (31/5/2012).
In fact, Gus Ipul also agrees with the implementation of money politics. Anyway, the money spent by the candidate is also addressed to the people. Pilkada should also be done only in one round aims to minimize the cost (git)
The Central Election Commission is Pessimistic that RUU Pilkada can be Ratified This Year
suarasurabaya.net | The Central Election Commission (KPU Pusat) is pessimistic that RUU Pilkada can be ratified this year because until now, there are still some Political Acts that must be discussed on DPR RI.
Some of the Political Acts are the Political Parties Act, The Implementation of Elections, and The Legislative Elections. Besides, there are some unfinished Acts including the Presidential Election Act, the revision of Act no 32 Year 2004 that has been separated into 3 parts of the Local Government, the Regional Government, and the Pilkada.
“Now the Legislative Election (Pileg) Act has been finished. The next is the Pilpres Act. If there are no revisions, it will stay as the previous. If there are revisions, it must be settled soon,” said Arief Budiman (KPU Pusat member) to reporters after being a speaker on the National Seminar “Finding the Right Governor and Vice Governor Election Format that is Democratic aims to realize the Unity and the Integrity Under the 1945 Constitution” at University of Surabaya (Ubaya), Thursday (31/5/2012).
According to Arief, KPU will be very busy if the Pilpres Act is finished very close before the implementation of Pilpres. He hopes the Local Government, the Regional Government, and the Pilkada Acts can be finished this year. However, knowing the number of unfinished Acts that must be revised by DPR RI, Arief becomes pessimistic that all three can be completed this year.
“Well, it’s possible if DPR RI wants to move faster. Yet, looking at the duration that DPR RI usually needs to finish 1 Act, I am not optimistic. It is not impossible, but I am not optimistic,” addressed Arief.
As a result, the East Java Pilgub may be using an old election system because the initial Pilgub stage will start on January-February 2013 and be implemented on September-October 2013.
Meanwhile, Arief suggested the revision of RUU Pilkada must include regulations that give more benefits. From the voter perspective, the regulation should ease them during the voting and registration process. It should also facilitate people who are interested to be a candidate with low cost and preferably just one round. Additionally, the election must be low in conflict and easy to settle the election dispute. (git)
RUU Pilkada, for Efficiency and Avoiding Political Rivalry
suarasurabaya.net | At least two things that is predicted will be full debate in the discussion of the revised RUU Pilkada as set forth on the Bill. That is the Governor Election (Pilgub) that is done by DPRD and the regional leadership, which is no longer on 1 package.
Prof. Dr. Zudan Arif Fakrulloh SH MH (General Secretary of Legal Bureau Ministry of Internal Affairs – Kemendagri) admitted the importance of the 2 issues to be discussed in depth. Nevertheless, the man who is also a member of the team that drafted RUU Pilkada and Regional Government (Pemda) revealed that some are consent and agree.
On the revised RUU Pilkada, Kemendagri as a government representative will propose the Governor election will no longer be direct election but through DPRD. The argument is the Governor is positioned as a central government representative in the province. This will certainly make the elections more efficient.
According to Zudan, the Governor Election through DPRD does not violate the Constitution and it remains democratic because the Constitution actually does not require the direct election.
Furthermore, the Vice Governor will later not be elected on one package with the Governor. However, the Governor will directly appoint his Vice Governor. This is a way to overcome the disharmony between the Governor and the Vice Governor. The 2010 Election Data showed that out of 244 elections, the 164 were incumbents. Nonetheless, only 15 of them were still paired on the next election period. It signifies that only 6.15% of them can work in harmony with the Vice Governor. As a matter of facts, there are some Governors who parted ways with their Vice Governor only 2-3 months after they were appointed.
Additionally, in order to avoid the political rivalry, the assignment period of Governor and Vice Governor must be the same. “If the Governor is dead or can not continue the assignment, then his Vice Governor must also step down. Then, the position will be replaced by a Temporary Officer or the acting Governor,” said Zudan after being a speaker on the National Seminar about The Pilkada Format in Surabaya, Thursday (31/5/2012).
The number of Vice Governor can also be more than one person or even none at all. It depends on the total area and the population of the province. For example, areas with a population of more than 1 million could have two Vice Governors. They are appointed or elected by the Governor and endorsed by Kemendagri. (git)