Questioning DPD Candidates from Political Party Cadres

The ideal picture of the DPD seems to be some ways to go. The intention to make the DPD and the parliament two equal authorities is still a dream to realize.

On 10 April 2008, the Regional Representatives Council (DPD) officially submitted a judicial review to the Constitutional Court (MK) concerning the Law No 10/2008 on the General Elections. This judicial review to the general elections law is related to Article 12 that abolishes the requirement of domicile and Article 67 that allows members of political parties to become members of the DPD. The two articles are assessed to be against article 22 C Point (1) and 22 E Point (4) of the UUD 1945.

The review was submitted by seven applicants. They were the DPD RI, members of the DPD RI, the people from the regions, the National Secretary for Protection of Constitutional Rights of Customary Laws, the Center for Electoral Reform (Cetro), the Indonesian Parliamentary Center, and the Society Forum Concerning Indonesian Parliament (Formappi).
On 2 July 2008, the Constitutional Court finally decided to refuse the judicial review of the prerequisites for the DPD’s candidates in Law No. 10/2008 on the General Elections. Therefore, members of the political parties can become members of DPD.

Getting weak

The MK decision that refused the DPD’s petition to prohibit the political parties’ cadres to nominate as members of DPD was a decision that was not in line with the spirit of forming the DPD.

Since beginning, the birth of the DPD on one hand was aimed to fight for regional interests in Indonesian politics. On the other hand, it was also intended to balance the legislation-making processes, which sometimes favor the political parties. Thus, the DPD is the manifestation of the bicameral system. The parliament is the proxy of the people (Political Representatives), while the DPD is undoubtedly to represents territories (territorial representatives).

The biggest concern with the entry of political parties’ cadres in the DPD is the emergence of factions in the DPD consisting of members coming from political parties and factions comprising members coming from independent backgrounds. This will weaken the DPD.

The factions comprising members coming from political parties will cooperate with the parliament, so the making of the laws and regulations will be influenced heavily by political parties. This means that the bargaining power of the DPD will be weakened.


“Retirement House”

At the practical level, the decision of the Constitutional Court has made way for political parties’ cadres to nominate themselves from each region. Most of the candidates from the parties are cadres that have experienced two periods as members of DPR/DPRD and members of political parties that were discarded from the parties. These of course will return the presence of old politicians complete with their political sins.

A number of members of the Parliament have applied as candidates of the DPD; for example, member of Golkar Party Rambe Kamarulzaman representing North Sumatra. From PAN, there are AM Fatwa (DKI Jakarta), Patrialis Akbar (West Sumatra), and Afni Ahmad (DKI Jakarta).

In addition, there are also members from PDIP, such as Soetardjo Soerjogoeritno representing the Special Province Yogyakarta and Totok Ismunandar representing DKI Jakarta. Meanwhile, PKS also supports Dani Anwar to contest the elections from DKI Jakarta.

Therefore, to avoid the DPD as a place of the political parties’ exiles, the prerequisites of candidates must be strengthened. Besides, there is also a need to continue the effort to strengthen the position of the DPD by revising rules and regulations related to the DPD.