COURT'S RULING A SETBACK FOR PARTY BOSSES

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 002350

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, DRL, DRL/AWH
NSC FOR E.PHU

E.O. 12958: DECL: 12/31/2018
TAGS: PGOV KDEM ID
SUBJECT: COURT'S RULING A SETBACK FOR PARTY BOSSES

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Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).


1. (C) SUMMARY: Indonesia's Constitutional Court has
unanimously ruled that provisions of the country's election
law are unconstitutional. The Court ruled that candidates
who receive the most votes must be seated in the legislature.
In making the ruling, the Court held that political parties
cannot simply pick and choose who they want to be seated,
which was the way some seats would be chosen per the 2008
law. The ruling underscores the willingness of the
Constitutional Court to make key decisions that it sees as
defending individual liberties and democratic norms. END
SUMMARY.

COURT RULES ON ELECTION LAW


2. (U) Indonesia's Constitutional Court has made a major
ruling. In a unanimous decision rendered on December 23, the
Court held that candidates with the most votes in the April
2009 legislative elections were guarantied legislative seats.
Based on the 2008 election law now on the books, legislative
seats were distributed to candidates that secured at least 30
percent of the vote and the remaining seats were then
allocated to candidates based on a list submitted by
political parties.


3. (U) The Court ruled, it said, in the interests of
democracy and the idea that Indonesia must be governed by its
people and not by political parties. According to Chief
Justice Md. Mahfud: "The philosophical basis of every
election is that it be determined by the number of votes
won." He added: "Given that Indonesia adopts a system of
direct election for the president and vice president, it will
be fair if members of the House of Representatives are those
who are directly elected by the people."


4. (U) The Court required that the General Election
Commission (KPU) begin drafting new regulations in order to
implement the court's ruling. The KPU announced that it
would comply in time for the April elections. The case had
been lodged by four candidates of the Indonesian Democratic
Party for Struggle (PDI-P) who asserted that the law, as
written, was unconstitutional and undemocratic.

PARTY BOSSES LOSE OUT


5. (SBU) The Court's ruling reduces the power of political
party leaders. Even under laws previous to that of 2008,
parties faced myriad internal disputes when party bosses
refused to surrender legislative seats to "upstart"
candidates who had garnered more votes. The party's edict
ruled, however, and candidates who thought they had won had
to bow out if they were not high on the party's list.
Political parties now can no longer simply place preferred
candidates in legislative seats and must let voters decide
party representation.


6. (SBU) Per observers, the ruling also may provide an
effective method to reduce the impact of money on the
electoral process. According to the ruling, candidates must
appeal directly to the voters and may use their wealth only
to advertise their qualifications and their views on the
issues. "Money politics" and "gifts" to party bosses cannot
be used to buy seats--those seats must be won fairly by
appealing to the voters.

A COURT DETERMINED TO MAKE A MARK


7. (C) Liberal activists strongly supported the Court's
decision as did many political commentators. Political
parties--used to doing what they wanted--basically remained
mum. The ruling underscores the willingness of the
Constitutional Court to make key decisions that it sees as
defending individual liberties and democratic norms. Only

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formed several years ago, the Court has already made
important rulings, including defending the right of citizens
to criticize the government (thus, overruling a Dutch era law
that made such criticism an offense) and overturning laws
that it assessed as being retroactive in nature.

HUME