A Comment on Tim and Simon’s Twist
Since reading the 2017 Indonesian law on elections I have wondered when there would be a challenge to its provision that prevented anyone under the age of 40 to stand for election for President or Vice President. And the outcome of the fourth challenge to the Constitutional Court mentioned by Tim Lindsey and Simon Butt is not so outstanding, except in the way that the decision was made.
I am glad to see Tim Lindsey and Simon Butt acknowledging the integrity of Justice Sadli Isra. It will not bode well if his honest and open statement in his dissenting opinion leads to his dismissal either by DPR in the way of Aswanto, or in a disciplinary action by the court and the Justice Commission. He is an appropriate candidate for the position of Chief. Likewise, it will bode well if Chief Anwar Usman is disciplined for not recusing himself.
However, I see four greater threats to democracy than this court decision: Three of them are not new threats.
1. If the court decision is overturned
After experiencing the hostility of campaigning in 2014 and 2019, I dare not think what might happen if a decision against Anwar leads to a quashing of the decision.
2. Lack of democracy in parties and lack of autonomy of local branches
A threat to democracy has been present since the passing of the law on political parties in 1999, and that is the lack of democracy in the parties themselves. The main threat of this is in the nomination of candidates for regional government. This may be headed for a resounding change in 2024, when all Governors, Regents and Mayor are elected together, and there are major incentives for candidates and party committees to collaborate on preparing electoral platforms.
3. Regional government dynasties
There are still many regional government dynasties that serve elites rather than the rights and needs of the people.
4. Prabowo relapse
Tim Lindsey and Simon Butt state that Prabowo has become a “compliant member of the administration”. I would say, from his own personal statements, he has become a convert, even though we have not heard his confessions.
We recall in his campaign for President in 2014 he was the only candidate who prepared a major declaration of his campaign platform. This included a promise to revert to the previous Constitution, meaning to eliminate the Supreme Audit Institution (BPK), the Constitutional Court, the Judicial Commission, the Senate, and a host of other provisions including provisions on human rights. We wait to hear whether he reverts to this in his campaign which starts in 4 weeks.
Note on the author.
Owen Podger is an Australian permanent resident of Indonesia, and adviser on various reforms in Indonesia over the past 30 years. He is also brother of Andrew Podger, regular contributor to Pearls and Irritations.
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