IN SHIFT, INDEPENDENT CANDIDATES CLEARED TO

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000666

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS
NSC FOR EPHU

E.O. 12958: DECL: 04/03/2018
TAGS: PGOV KDEM KISL ID
SUBJECT: IN SHIFT, INDEPENDENT CANDIDATES CLEARED TO
CONTEST ELECTIONS

REF: A. JAKARTA 633


B. 07 JAKARTA 2051

C. 07 JAKARTA 1157

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


1. (C) SUMMARY: The Indonesian House of Representatives
(DPR) passed a landmark amendment April 1 paving the way for
independent candidates to contest local elections. The
amendment will take effect this June and comes in response to
a court ruling. The revised law does not apply to the
presidential or national legislative elections, so Indonesian
Ross Perots must wait. Most observers believe the amendment
will open up the Indonesian electoral process further, making
it more responsive. END SUMMARY.

LANDMARK AMENDMENT


2. (C) Indonesian elections just got more exciting. On
April 1, the DPR formally amended Law Number 32/2004 on local
governments to allow independent candidates to participate in
elections at the governor, mayor, and regent (district head)
levels. The amendment was passed in response to a July 2007
Constitutional Court ruling that declared the practice of
excluding independents from local elections un-constitutional
and un-democratic (Ref B).


3. (C) Up to this point, independent candidates had been
allowed to participate in local elections only in Aceh in
Sumatra (based on the accord that ended the conflict there).
Provided the President signs the revised bill by May--which
seems highly likely--the new regulations will take effect in
June. The revised law does not apply to the presidential or
national legislative elections. (Note: The Constitutional
Court decision that precipitated the amendment to the law was
related to local elections only.)


4. (C) The revised law requires prospective candidates to
meet certain rigid thresholds in order to contest elections.
Gubernatorial candidates will be required to collect
signatures from registered voters representing between three
and four percent of the total population of the area.
Candidates for mayoral or regency offices will need
qualifying signatures from between three and 6.5 percent of
the populace.


5. (C) The amendment also requires independent candidates to
pay a fine of up to two million dollars should they decide to
withdraw from the election at any point after receiving
approval from the local electoral commission. Party
candidates, on the other hand, may pull out of an election
race without incurring a financial penalty, a double standard
that critics have lambasted.

NOT TOO LATE FOR 2008 RACES


6. (C) The new law will take effect too late for independent
candidates to contest this month's gubernatorial election in
West Java (Ref A). Independent candidates will have the
opportunity to contest seven different gubernatorial
elections between June and December of this year (including
in such key areas as Central Java),however.

DEMOCRACY STILL ON THE MARCH


7. (C) Most observers agree that on balance the bill is a
very positive development for Indonesia's young democracy.
Last year's Jakarta gubernatorial race (Ref C) provided a
stark illustration of the limitations of Indonesian
participatory democracy when several strong candidates were
crowded out of the race by colluding parties. Parties will
no longer have the power to sideline reform-minded candidates
unwilling to pay the exorbitant fees required to secure party
support. The amendment should open up the Indonesian
regional electoral process and compel political parties to be
more responsive and accountable.


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HUME