The Indonesian Elections

I have been planning on writing a few things about the coming Indonesian elections and the most likely presidential candidates. It is a topic that is frequently discussed in the circles in which I roam and it is a topic that some people have been trying to encourage me to write about. As a matter of fact I was chatting to the Treespotter at 03.00 this morning on this very topic. He has posted an introductory piece here. My concern is whether I can pull off what will surely be a rant as some kind of op-ed piece? I am not sure that I can or that I will, but then again should I really care? After all it is my blog, they are my opinions, and I am what I am!

The proposal is to write a series of rants on prospective presidential candidates. The posts are not really designed to be authoritative in terms of referencing. They will though include things that I have heard around the traps and that are on record (some journalistic integrity).But, mainly the pieces will be personal opinion (rants) as I see the events of our times.

I do not have that many readers, but I am sure that I will undoubtedly offend some of you.

Happy Reading all the same!

Indonesian Political Parties -- 2009 Election

The following is the most up-to-date list of the political parties set to contest the 2009 General Elections. The list includes the four parties that recently won the right to participate after the State Administrative Court agreed with their application that the General Elections Commission had erred in excluding them from the original line up.

There are now 38 parties set to contest the General Election and a further 6 parties that are permitted to contest the General Election in the Province of Aceh. The four additional parties have been allocated the numbers 41, 42, 43, and 44, respectively. However, as they are set to contest the General Election throughout the archipelago I have slotted them in between numbers 34 and 35.

The List:

1. People's Conscience Party (Partai Hati Nurani Rakyat / Partai Hanura)
2. Awareness for the Nation Party (Partai Karya Peduli Bangsa)
3. Indonesian Entrepreneur and Workers Party (Partai Pengusaha dan Pekerja Indonesia)
4. National People's Awareness Party (Partai Peduli Rakyat Nasional)
5. Great Indonesia Movement Party (Partai Gerakan Indonesia Raya / Gerindra)
6. National Front Party (Partai Barisan Nasional / Barnas)
7. Indonesian Justice and Unity Party (Partai Keadilan dan Persatuan Indonesia)
8. Prosperous Justice Party (Partai Keadilan Sejahtera)
9. National Mandate Party (Partai Amanat Nasional)
10. New Indonesia Party for Struggle (Partai Perjuangan Indonesia Baru)
11. Sovereignty Party (Partai Kedaulatan)
12. Regional Unity Party (Partai Persatuan Daerah)
13. National Awakening Party (Partai Kebangkitan Bangsa)
14. Indonesian Youth Party (Partai Pemuda Indonesia)
15. Indonesian National Party Marhaenism (Partai Nasional Indonesia Marhaenisme)
16. Democratic Renewal Party (Partai Demokrasi Pembaruan / PDP)
17. Party of Struggle (Partai Karya Perjuangan)
18. National Sun Party (Partai Matahari Bangsa)
19. Indonesian Defenders of Democracy Party (Partai Penegak Demokrasi Indonesia)
20. Democratic Nationalist Party (Partai Demokrasi Kebangsaan)
21. Archipelago Republic Party (Partai Republik Nusantara)
22. Pioneer Party (Partai Pelopor)
23. Golkar Party (Partai Golongan Karya)
24. United Development Party (Partai Persatuan Pembangunan)
25. Prosperous Peace Party (Partai Damai Sejahtera)
26. Indonesian National Populist Fortress Party (Partai Nasional Benteng Kerakyatan Indonesia)
27. Crescent Star Party (Partai Bulan Bintang)
28. Indonesian Democratic Party for Struggle (Partai Demokrasi Indonesia Perjuangan)
29. Reform Star Party (Partai Bintang Reformasi)
30. Patriot Party (Partai Patriot)
31. Democratic Party (Partai Demokrat)
32. Indonesian Democratic Party of Devotion (Partai Kasih Demokrasi Indonesia)
33. Prosperous Indonesia Party (Partai Indonesia Sejahtera)
34. Ulema National Awakening Party (Partai Kebangkitan Nasional Ulama)

41. Freedom Party (Partai Merdeka)
42. Indonesian Nahdlatul Community Party (Partai Nahdlatul Ummah Indonesia)
43. Islam Unity Party (Partai Sarikat Islam)
44. Labor Party (Partai Buruh)

35. Prosperous and Safe Aceh Party (Partai Aceh Aman Sejahtera)
36. Aceh Sovereignty Party (Partai Daulat Atjeh)
37. Independent Voice of the Acehnese Party (Partai Suara Independen Rakyat Aceh)
38. Aceh People's Party (Partai Rakyat Aceh)
39. Aceh Party (Partai Aceh)
40. Aceh Unity Party (Partai Bersatu Aceh)

This Day in Legal History

On 6 August 1965, President Lyndon B. Johnson signed the Voting Rights Act into law, guaranteeing voting rights for black citizens.

A point worth considering seeing this election year sees the first black citizen of the United States garnering the nomination of a major political party in the US for President.

Jimly Asshiddiqie & the Constitutional Court

The only thing apparently standing in Jimly's way to a second term on the Constitutional Court is personal political ambition! The previous months have often seen Jimly in the public eye at political events. Whether this is openly courting support for a second term on the Constitutional Court or courting support for a bigger play on the political stage such as the Vice-Presidential nominee on a favourable ticket remains to be seen. But there seems little doubt that the Chief Justice (or as he prefers the President of the Court) is angling for much bigger fish!

There is considerable parliamentary support for the current Chief Justice and in this sense he would be an unbackable favourite to be one of the three nominations that the parliament can make. The other six nominations are split three a piece between the Supreme Court and the Government (red: President).

The thing about Jimly is that he is consistent in his decision making and that provides a degree of certainty in the legal process. It is pretty much a case of you know what you will get decision wise. I certainly do not always see eye-to-eye on the interpretation of the Constitution aspects nor the manner in which retro-activity has been defined and now enshrined in Indonesian law (I know who cares, he is the Constitutional Law Professor and expert and you are but a mere lawyer -- yep, but an opinionated lawyer!). But to the Court's credit it has been consistent on this front.

Nevertheless, the danger is always going to be judicial ego, the idea of overstepping the mark from judicial review and interpretation to that of law makers. I have recently had a short but interesting "to and fro" with the Chief Justice on this point. The Court views itself as the ultimate guardian and interpreter of the Constitution and in this respect sees itself as a balancing and where necessary a correcting force to all those less educated souls on constitutional law.

My personal view is that the Chief Justice should throw his hat into the ring for another round. If he is serious about leaving a legacy, then two-terms on the Court should pretty much enshrine any legacy he wants to leave in the judicial sense. But if the call of public service is too great, and I am sure that it is, he will more than likely be opting to try and kick start a political career where any legacy he might leave could be much broader and far-reaching than any legacy he might leave at the Constitutional Court...

Time will tell!