Identifier
Created
Classification
Origin
08JAKARTA450
2008-03-05 08:04:00
CONFIDENTIAL
Embassy Jakarta
Cable title:  

PARLIAMENT PASSES LEGISLATION FOR 2009 ELECTIONS

Tags:  PGOV KDEM ID 
pdf how-to read a cable
VZCZCXRO5612
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #0450/01 0650804
ZNY CCCCC ZZH
O 050804Z MAR 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8226
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHBJ/AMEMBASSY BEIJING 4792
RUEHBY/AMEMBASSY CANBERRA 2123
RUEHNE/AMEMBASSY NEW DELHI 1647
RUEHPB/AMEMBASSY PORT MORESBY 3709
RUEHUL/AMEMBASSY SEOUL 4458
RUEHKO/AMEMBASSY TOKYO 1629
RUEHWL/AMEMBASSY WELLINGTON 2392
RUEHHK/AMCONSUL HONG KONG 2476
RUEHBAD/AMCONSUL PERTH 0615
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
RUEKJCS/SECDEF WASHDC
RHHJJPI/USPACOM HONOLULU HI
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000450 

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAPDRL/AWH
NSC FOR EPHU

E.O. 12958: DECL: 03/05/2018
TAGS: PGOV KDEM ID
SUBJECT: PARLIAMENT PASSES LEGISLATION FOR 2009 ELECTIONS


JAKARTA 00000450 001.2 OF 002


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

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000450

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAPDRL/AWH
NSC FOR EPHU

E.O. 12958: DECL: 03/05/2018
TAGS: PGOV KDEM ID
SUBJECT: PARLIAMENT PASSES LEGISLATION FOR 2009 ELECTIONS


JAKARTA 00000450 001.2 OF 002


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


1. (C) SUMMARY: On March 3, the Indonesian legislature
(DPR) passed complicated legislation governing the 2009
parliamentary elections. The new legislation, inter alia,
raises the number of DPR seats by 10 and requires parties to
obtain a minimum percentage of the overall vote in order to
win seats. On balance, the new law appears to be skewed in
favor of Indonesia's larger political parties. In addition,
while the legislation may improve the link between
legislators and constituents, it may strain the Election
Commission due to its byzantine complexity. END SUMMARY.

THE LEGISLATURE EXPANDS...


2. (U) After several weeks of contentious, highly publicized
debate, the Indonesian House of Representatives (DPR) finally
approved a legislative election bill on March 3. President
Yudhoyono is expected to sign the bill soon. The bill will
increase the number of seats in the DPR from 550 to 560. The
number of electoral districts will also expand from 69 to 77.

SMALL PARTIES NEED NOT APPLY


3. (U) One of the more striking features of the new law is
the so-called "parliamentary threshold," a requirement that
parties secure 2.5 percent of the overall total number of
votes cast in order to be able to send representatives to the
DPR. Any party that fails to reach this threshold will
automatically forfeit all of its votes and be banned from
contesting the 2014 parliamentary elections. Had this
election stipulation been in place in 2004, nine of the 17
parties currently represented in the DPR would have been
disqualified, leaving a total of 38 DPR seats up for grabs
for the eight parties left standing.

THE RICH GET RICHER


4. (C) While the smaller parties will have nothing less than
their livelihood at stake in 2009, the larger parties are
poised to clean up in their wake. No two parties stand to
benefit more conspicuously from the new law than the two with
the largest presence in the DPR: Golkar and PDI-P. Not only
will these two parties most likely gobble up the lion's share

of the seats forfeited by the smaller parties, they also
successfully added a complicated vote counting mechanism into
the legislation that will be used to tabulate the "residual
votes," or votes left over after the first round of DPR seats
are assigned.


5. (C) Most analysts believe the new residual vote counting
mechanism will boost Golkar and PDI-P's prospects
significantly. One local expert predicted Golkar could add
32 new seats as a direct result of this rule (Golkar
currently has 128 seats) while PDI-P could add 16 seats (they
have 109 now). Prospects for mid-sized parties like
President Yudhoyono's Democratic Party were less certain.
One simulation applying the new residual vote counting
mechanism to the 2004 legislative election calculated that
the Democratic Party would have lost some seats (out of its
current 57 total). However, party leaders immediately
dismissed the significance of the simulation by arguing they
will receive a higher percentage of the vote in 2009,
rendering the exercise meaningless.

A MORE ACCOUNTABLE LEGISLATURE?


6. (SBU) The new law should help improve the accountability
of the legislature by reducing the influence of the parties.
In 2004, only two of the 550 legislators won their seats
based on the number of votes they personally received; 548
legislators got their jobs as a result of their ranking on
party lists. (Note: During legislative elections, voters
select party symbols on the ballots and also have the option
of voting for individuals.)

JAKARTA 00000450 002.2 OF 002




7. (C) The new law relaxes the percentage of the vote an
individual is required to receive in order to be directly
elected, and should improve the connectivity between
legislators and their electoral districts. Lena Maryani
Mukti, an M.P. and one of the drafters of the bill, told
poloff that--according to her projections--as many as 50
percent of the seats will be won in this fashion in 2009.
While not a substitute for single member electoral districts,
Mukti said the new law would compel legislators to spend
more time focusing on constituent needs and less time
pleasing their parties.

BYZANTINE RULES WILL STRAIN COMMISSION


8. (C) The level of complexity involved in tabulating votes
and apportioning seats under the complicated new law promises
to test an already resource-poor Electoral Commission (KPU).
Tasked not only with implementing a law that confuses many of
the members of the special committee that wrote it, the KPU
will further be asked to do so on a shoe string budget.
(Note: The KPU's 2009 budget was slashed considerably
relative to 2004.) Further complicating matters, the DPR
ultimately passed the law more than three months later than
expected, giving the KPU little time to coordinate its
implementation effort across this vast archipelago.

A MIXED BAG


9. (C) On balance, the bill appears to be a mixed bag. The
new residual vote tabulating mechanism introduces a new level
of complexity in elections and seemingly disadvantages all
but the largest parties. The parliamentary threshold should
reduce the number of parties and make the DPR a bit more
coherent perhaps. The bill also significantly diminishes the
importance of the parties in general by making many of the
legislators more accountable to their constituents. This
move towards accountability represents a significant step in
the right direction and could ultimately help to reorient the
DPR's focus more towards constituent service.


HUME