User:Naikkepuncakgunung/Politics of indonesia


The Indonesian political system before and after the constitutional amendments

Executive branch edit

Main office-holders
Office Name Party Since
President Joko Widodo Indonesian Democratic Party-Struggle 20 October 2014
Vice-President Ma'ruf Amin No Party 20 October 2019

The executive branch of Indonesia is headed by a president, who is head of government and head of state, along with a vice-president and members of the cabinet. The president is also the supreme commander of the land, navy, and air forces. The president is elected through by general election and can serve up to two five-year terms if reelected.[1] Furthermore, during campaigns and elections, the president and vice president must run in pairs. During the election, the pair must receive the votes of the simple majority, with at least 20% of the vote in at least half of the total number of provinces in Indonesia. A presidential term lasts for five years and can be reelected once for another term.

The president has the power to issue presidential decrees that have policy effects including policies and decisions involving international affairs, with the approval of the legislation.[2] This includes declaring wars and peace and signing international treaties. Furthermore, the president is entitled to submit bills and the regulation to implement it to the People’s Representative Council of Indonesia (DPR). Therefore, all bills need a joint approval from both the executive and legislature to become law. The president has veto power over all proposed bills, may declare a state of emergency and with the approval by the DPR, issue government regulations in crisis situations.[3]

Prior to 2004, the president was chosen by the People's Consultative Assembly (MPR). Now, the president is selected through a national election.[4] After the fall Soeharto, which marked the end of the New Order, attempts to amend the 1945 Constitution was made by the MPR. With the rise of Vice President B.J. Habibie in taking over Soeharto’s place as a temporary president, he assisted the drastic political changes by introducing multiparty popular elections, press freedom, and civil liberties.[5]

This reform of citizens' sovereignty and national elections takes form as the third amendment made in 2001 was directed to reform citizens’ sovereignty, and one of them is the presidential and legislative election. The citizens are no longer represented by the MPR in terms of presidential and legislative elections. The President and Vice President are no longer appointed by the MPR, rather by the constituent through direct election.[6] Consequently, since 2004, the elections of president and vice president have been through direct democracy. The last election was held in April 2019, and incumbent Joko Widodo emerged as the winner, continuing to his second presidential term.[7]

Since President Joko Widodo’s first presidential term in 2014, there are 40 members of the cabinet of ministers in the Republic of Indonesia’s cabinet. The cabinet is appointed and dismissed by the president him/herself. The cabinet includes 34 Ministries, a Cabinet Secretary (with a specific area of governance), an Attorney General, a Commander of the Indonesian National Army, a Chief of Police, a Presidential Chief of Staff, and a Head of Investment Coordinating Board.[8] Other than appointing a group of cabinets, the president also set up an advisory council to give him advice and recommendations. Furthermore, they also may appoint ambassadors and consuls, receives accreditation of ambassadors from foreign countries.[3]

Together with the political changes throughout the end of the 1990s to the beginning of the 2000s, there has also been a reinforcement in the impeachment procedure for the president and/or vice president. The MPR may dismiss the president and/or vice president with the proposal submitted by the DPR. In a situation where the president is impeached, passes away, resigns, or unable to proceed until the end of his presidency, the vice president will take office. When only the vice president undergoes one of the situations above, the president has to give two replacement candidates to the MPR, which the MPR will choose from then. But when both are unable to resume office, the Ministers of the Foreign Affairs, Internal Affairs, and Defense will assume it collectively. After 30 days of the collective rule by the three ministries, the MPR will convene the presidential election, where the elected assume the office for the rest of the term. The candidates are taken from two most popular candidates in the previous presidential election and they are proposed by political parties and party coalitions.[3]

Legislative branch edit

 
The legislative building complex.
 
The People's Representative Council.

The People's Consultative Assembly (MPR) is the legislative branch of the Indonesian political system. The MPR itself has power outside of those given to the individual houses. It can amend the constitution, inaugurate the president, and conduct impeachment procedures. When the MPR acts in this function, it does so by simply combining the members of the two houses.[9] Prior to the 1998 political reformation, the People’s Consultative Assembly was the highest state institution. The power and authority of the MPR were modified from 1999 to 2004 by adding the membership of DPD as their upper chamber. [2]

From then on, the MPR is a bicameral parliament composed of two houses: the People's Representative Council (DPR) and the Regional Representative Council (DPD). The 575 DPR parliamentarians are elected through multi-member electoral districts, whereas 4 DPD parliamentarians are elected across Indonesia's 34 provinces.[10] According to the constitution, the members of MPR shall convene at least once every five years[11].

The DPR has three main functions; legislative, budgeting, and supervisory function. They are allowed to interpellate, inquire, express opinions and lastly, all members are granted a right to immunity. The DPR has the power to introduce bills and enact laws, where each bill must be discussed along with the President to reach a joint agreement. This also applies vice versa with the president, when they are to submit bills. In at least 30 days after the bill is passed, the president shall endorse the bill into law. If the bill does not reach a joint agreement, it may not be proposed again during the same term. In the case of the DPR, they must convene at least once a year. [12]

In impeaching the president or vice president, the DPR has the authority to submit a proposal to the MPR, in doing its supervisory function. There are four steps in impeaching the president or vice president. First, the DPR must file a request for investigation to the Constitutional Court prior to submitting it to the MPR. Second, the request must be agreed by two-third of the DPR members present in a plenary session, in which at least two-thirds of all DPR members have to attend. Third, when the proposal is successfully submitted to the MPR, the MPR shall convene in at least 30 days after receiving this proposal. This plenary session must be attended by at least ¾ of all the MPR members. Fourth, the decision to impeach must be supported by two-thirds of all the present MPR members. [3]

On the other hand, the DPD acts as a supplementary body to the DPR. Similarly to the DPR, their functions are to propose bills, offer opinions, and participate in discussions. However, the DPD has no legal power and their authority mainly lies on the regional level. DPD focuses on the autonomy of each region; establishment, growth and merger of regions; management of natural and economic resources; and all other matters related to the financial balance between the center and the regions-- with the addition of taxation, education, and religion. DPD are allowed to pass bills to the DPR, and moreover to give opinions and supervise the implementation of laws, regarding all matters mentioned above.[13]

The members of DPD are elected every five years by general elections in each of 33 provinces. Each province has to have the same amount of representatives as the members of DPD. As a whole, the number of DPD members shall not exceed one-third of those in the DPR. Therefore, DPD is the smaller chamber. Like the DPR, DPD shall convene at least once a year.[14]

Before 2004, there were reserved seats in the legislation for the representatives of armed forces, which includes the military. The reserved seat for the military to carry out the Dwifungsi system has been abolished since.[10] In 2000, the MPR proposed two decrees, suggesting that the military should focus solely on defense and the police should be the ones handling the internal security. This was first widely rejected, especially by the directed parties. Finally, by 2004, the decrees were finalized and all members of the military in the parliament departed. [15]

Political parties and elections edit

The General Elections Commission (Indonesian: Komisi Pemilihan Umum, KPU) organizes general election every five years for both parliamentary and presidential elections in a direct, free, honest, anonymous and fair manner.[14] Article 22E(5) of the Constitution rules that the KPU is national, permanent and independent. All the members of DPR, DPRD, DPD, as well as the President and Vice President, are elected directly by the people. The parliamentary elections consist of electing members of DPR, DPD, and DPRD. The participants electing the members of DPR and DPRD are political parties, while the participants electing the members of DPD are individuals. The presidential elections consist of electing the President and Vice President.[14]

Prior to the 2004 elections, the KPU was made up of members who were also members of political parties. Furthermore, there were only three political parties, Golkar Party (Golongan Rakyat), which is the government’s political party and two others, the Islamic United Development Party (Partai Persatuan Indonesia, PPP), Indonesia Democracy Party (Partai Perjuangan Indonesia, PDI)--which acted as pseudo-parties that conveys Indonesia as a non-one-party system-- allowed to exist prior to the political reformation in 1998.[16] The limitation of political parties were abolished right after. However, members of KPU must now be non-partisan. The whole process of general elections can also now be monitored by independent domestic and international election watchdogs.[17]

Indonesia carried out its first direct election in June 1999 for the first time since 1955. Political parties across the country established themselves, creating a vast multi-party election. Up to 200 political parties attempted to register for that year's election to the Ministry of Justice, but only 48 made the cut. Not only that but the KPU ensured voters to register and distribute ballot papers across 300 districts. As this was Indonesia’s first attempt to execute a direct election in decades, the United Nations Development Program (UNDP) assisted the whole election process.[17]

Since 1999, Indonesia imposes a multi-party political system. The number of political parties joining the national elections each term always differs. There were over 14 national political parties involved, during the 2019 national election.[18] To be involved in the national elections, there are rules and regulations to be fulfilled by those political parties. For the result of the national election in 2019, there are over nine parties that are represented in the Indonesian legislature.

All adult citizens of Indonesia who are above 17 years old are eligible to vote except active members of the military and police, convicts serving sentences of five years or more, individuals suffering from mental disorders and those who have been stripped out of their rights to vote by the Court of Justice.[10]

References edit

  1. ^ Laiman, Alamo; Reni, Dewi; Lengkong, Ronald; Ardiyanto, Sigit (2015). "UPDATE: The Indonesian Legal System and Legal Research". Hauser Global Law School Program. Retrieved 25 July 2019.
  2. ^ a b Sherlock, Stephen (2011). "The parliament in Indonesia's decade of democracy: People's forum or chamber of cronies?". Problems of Democratisation of Indonesia.: 2–3 – via Researchgate.
  3. ^ a b c d The Constitution of the Republic of Indonesia of 1945. Asian Human Rights Commission. pp. 2–3.
  4. ^ Indrayana, Denny (2008). Indonesian Constitutional Reform 1999-2002: An Evaluation of Constitution-Making in Transition. Jakarta: Kompas Book Publishing. ISBN 978-979-709-394-5.
  5. ^ Mietzner, Marcus (2006). The Politics of Military Reform in Post-Suharto Indonesia : Elite Conflict, Nationalism, and Institutional Resistance. Washington: East-West Center Washington. p. 10.
  6. ^ Sarsito, Totok (2007). "The Indonesian Constitution 1945: Why was it amended?". Journal of International Studies. 3: 4 – via Researchgate.
  7. ^ "Indonesia election: Joko Widodo re-elected as president". 21 May 2019. Retrieved 25 July 2019.
  8. ^ "Kabinet Indonesia Maju". Sekretariat Kabinet Republik Indonesia.{{cite web}}: CS1 maint: url-status (link)
  9. ^ Aspinall; Mietzner (2011). "People's Forum or Chamber of Cronies". Problems of Democratisation of Indonesia.
  10. ^ a b c "Indonesia - Government". Global Security. 2014.{{cite web}}: CS1 maint: url-status (link)
  11. ^ The Constitution of the Republic of Indonesia. Asian Human Rights Commission. p. 2.
  12. ^ The Constitution of the Republic of Indonesia. Asian Human Rights Commission. p. 4.
  13. ^ The Constitution of Republic of Indonesia. Asian Human Rights Commission. pp. 4–5.
  14. ^ a b c The Constitution of the Republic of Indonesia of 1945. Asian Human Rights Commission. p. 5.
  15. ^ Mietzner, Marcus (2006). The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance. Washington: East-West Center Washington. p. 32.
  16. ^ Aspinall, Edward; Fealy, Greg (2010). Soeharto’s New Order and its Legacy. Canberra: The Australian National University Press. p. 175.
  17. ^ a b Aspinall, Edward; Crouch, Harold (2010). Soeharto’s New Order and its Legacy. Canberra: The Australian National University Press. p. 107.
  18. ^ Media, Kompas Cyber. "Ini 14 Partai Politik Peserta Pemilu 2019". KOMPAS.com (in Indonesian). Retrieved 2020-05-14.