History

General Elections

The Indonesian nation has been so far organizing general elections for nine times, namely in 1955, 1971, 1977, 1982, 1987, 1992, 1997, 1999 and the recent 2004. The first, widely acclaimed as a fairly democratic general elections, was held in 1955 under the Administration of Soekarno, the first president of the Republic. During this general elections many parties, with ideologies ranging from religious, Marxism and nationalistic, contested to elect members of the House of Representatives and the Constituent Assembly with the task to draw up the nation's new constitution to replace the existing 1945 Constitution adopted on August 18, 1945, the day after the nation proclaimed its independence. However, after deliberating for three years, they failed in scoring a majority. As a result, then President Soekarno was forced to dissolve the Assembly, and to issue a Presidential Decree calling for the reinstitution of the 1945 Constitution. The Presidential Decree, issued on July 5, 1959 revoked at the same time a Government Manifesto calling for the formation of as many political parties as possible.

Eligible voters cast their votes at the 2004 General Election

The second was in 1971, held under the Administration of President Soeharto, in which there were still many parties contesting. Then in 1975, Act No.3 of 1975 was issued with regard to the fusion of about 150 political and mass organizations into two political parties i.e. Partai Persatuan Pembangunan (the United Development Party) and Partai Demokrasi Indonesia (the Indonesian Democratic Party), and one Functional Group (Golongan Karya). After that there had been only the two parties and the functional group contesting the next five general elections, in which the Functional Group always came up first with a landslide victory. Only during the 1999 General Elections under the relatively short-term Administration of President B.J. Habibie, many parties (48 parties) could contest again. This time Partai Demokrasi Indonesia-Perjuangan, the Indonesian Democratic Party of Struggle (PDI-P) won the contest by getting the most votes, relegating the Golkar Party to second place.

THE 2004 GENERAL ELECTIONS

Article 1 clause (2) of the amended 1945 Constitution stipulates that "sovereignty is vested with the people and shall be exercised according to the Constitution." It explicitly means that sovereignty shall no more be exercised by the People's Consultative Assembly as it did previously, but shall be done according to the provisions of the Constitution. Under this stipulation all members of the House of Representatives and the Regional Representatives Council -the members of the two legislative bodies then constitute members of the Assembly- and members of provincial and district as well as municipal Houses of Representatives should be elected, and for the first time in the history of this Republic, the President and Vice-President are to be elected direct by popular votes.

Translating the stipulation are Law No. 23 of 2003 concerning General Elections to elect the President and Vice-President, Law No. 31 of 2002 on Political Parties, Law No. 12 of 2003 on General Elections to elect Members of the House, Regional Representatives Council and Regional Houses of Representatives, and Law No. 22 of 2003 concerning the Composition and Status of the Assembly, the House, and the Regional Houses.

Law No. 12 of 2003 stipulates that the number of seats of the House is 550; that of Provincial Houses shall not be less than 35 and no more than 100 seats, and those of district/municipal Houses shall not be less than 20 and no more than 45 seats.Contesting in the 2004 general elections to elect members of House, and regional Houses were 24 political parties to fight for seats mentioned earlier. Five major parties topping the outcome of the 2004 general elections are: the Golkar Party that garnered 24,480,757 votes to win 127 seats of the House, followed by the Indonesian Democratic Party of Struggle (PDI-P) with 21,026,629 votes to get 109 seats, the Nation's Awakening Party (PKB) with 11,989,564 votes to gain 52 seats, the United Development Party (PPP) with 9,248,764 votes to have 58 seats and the Democratic Party with 8,455,225 votes to seize 57 seats. There were 148 million eligible registered voters, but only 124 million or some 83 percent cast their ballots.

Pursuant to Article 6A of the Constitution, the election of the President and Vice President is in pair by direct popular votes, and the candidates in pair shall be proposed by a political party or a coalition of parties participating in the general elections. During the 2004 general elections to elect the President and Vice President, there were five candidate pairs competing, namely: (1) H. Wiranto-Ir. H. Salahuddin Wahid, proposed by the Golkar Party; (2) incumbent President Megawati Soekarnoputri-K.H. Hasyim Muzadi, proposed by the Indonesian Democratic Party of Struggle; (3) Prof. DR. Amien Rais-Ir. Siswono Yudo Husodo, proposed by the National Mandate Party (PAN); (4) Susilo Bambang Yudoyono-Muhammad Jusuf Kalla, proposed by the Democratic Party; (5) and incumbent Vice Prersident Hamzah Haz-Agum Gumelar, proposed by the United Development Party (PPP). With no single pair winning a majority votes in the first-round presidential election on July 5, the two top pairs, Susilo Bambang Yudoyono-Jusuf Kalla and Megawati Soekarnoputri-Hasyim Muzadi were eligible to contest to the election run-off that was held successfully on September 20, 2004 in fair, peaceful and democratic manner.

The General Elections Commission (KPU), an independent institution that organized the legislative and presidential-vice-presidential elections, announced officially on October 4, 2004 that retired Army general Susilo Bambang Yudoyono and his running mate Mohammad Yusuf Kalla as the winner of the election runoff. The Susilo Bambang Yudoyono-Jusuf Kalla pair garnered 69,266,350 votes or 60.68 percent of total valid votes, against 44,990,704 votes or 39.38 percent seized by incumbent Megawati Soekarnoputri and Hasyim Muzadi. There were 155 million registered voters but only 114,257,054 votes or less than 80 percent declared valid.

Susilo Bambang Yudoyono is the first president of the Republic since Indonesia proclaimed its independence on August 17, 1945, who was elected by direct popular votes.

POLITICAL PARTY

Law No. 31 of 2002 that governs political parties was enacted on December 27, 2002 to replace Law No. 2 of 1999.

The law stipulates the formation, maintenance, and development of political parties that basically constitute one of the reflections of citizens' rights to assemble, associate, and express opinion. Through those political parties, people can manifest their rights to express their opinion concerning their life direction and their future in the society and state. Political parties constitute the most important component in the democratic political system. Therefore the political structure must rely on the people's sovereign norms which give freedom, equality and togetherness.

In the democratic political system, freedom and equality are exercised in order to be able to reflect the feeling of togetherness that guarantees the manifestation of the people's whole ideals. It is realized that the process that lead to political life giving a role to political parties as a national asset takes place on the foundation of the principles of change and continuity that promote democratic maturity and responsibility. This can be achieved by systematizing the parties' life, in addition to the existence of appropriate system and process of general elections.

To create the aims of the society and state having national perspective, it is necessary to establish a sound and mature party life and system, i.e. a simple multiparty system. By the simple multiparty system it will easier to carry out cooperation for the creation of national synergy. This mechanism tends not only to discourage monolithic, but also better nurture democratic environment that enables political parties to take optimum role.

Political parties as participants of general elections have the opportunities to struggle to win the broad interests of the people, fill up state institutions, and to form government.

Through implementing their functions as agents of political education, socialization, interests formulation and channeling, and communication, political parties in fact will improve political awareness and participation of the society, and cohere various groups and social classes, underpin national unitary and integrity, materialize justice, uphold the law, respect human rights, and secure stability.

A political party must be established by a notary public certificate and registered to the Department of Justice, with the requirements of having regional party boards at least 50 (fifty) percent of the total provinces, some 50 percent of the total districts/municipalities in each province concerned, and 25 percent of the total sub-districts in each district/municipalities concerned.

A political party is prohibited to receive contribution either in the form of goods or money from individual and/or enterprise or any part whatsoever without stating clear identities, and over the fixed limit, and receive donation and/or grant contribution from foreign parties in any means that is against the statutory regulations.

In addition, a political party is prohibited to ask or receive contribution from state-owned enterprises, regional-owned enterprises, national-owned enterprises, and other names, cooperatives, foundations, non-government organizations, social organizations, and humanity organizations.

With the taking effect of this law, the settlement of the cases of political parties in penal process adjusts itself to the provisions of this law.

GENERAL ELECTION TO ELECT MEMBERS OF THE HOUSES AND THE COUNCIL

The amendments to the 1945 Constitution of the Republic of Indonesia, Article 1 clause (2) states that sovereignty shall be vested in the people and shall be exercised according to the Constitution. This amendment means that the sovereignty is no longer fully exercised by the People's Consultative Assembly, but shall be exercised according to the provisions of the Constitution.

Based on these amendments, all members of the House of Representatives (DPR), the Regional Representatives Council (DPD), the Regional Houses of Representatives (DPRD) of the provinces, and the Regional Houses of Representatives of the Districts/Municipalities shall be elected through elections which shall be executed based on the principles of direct, general, free, secret, fair, and just and once in every five years. The general elections will in turn produce democratic representative institutions and government.

In conformity with the reformation mandate, the general elections shall be executed in a more qualified fashion in order to secure sound competition, higher representation, and clearer mechanism of accountability. To this end, a new law is required to replace Law No. 3 of 1999 on General Elections.

General elections shall be executed based on the principles of direct, general, free, secret, honest, and fair.

According to the Law, the membership of the House of Representatives (DPR) shall total 550 persons, while of the House of Representatives of the provincial level (Provincial DPRD) shall have at least 35 seats and no more than 100 , and of the House of Representatives of the district/municipal level shall have at least 20 seats and no more than 45.

Every political party that participates in the general elections can nominate its candidates for the membership of the DPR, Provincial DPRD, and District/Municipal DPRD for each electorate by taking the female representation at the minimum of 30 percent into account.

To supervise the general elections, the Central General Elections Supervisory Committees, Provincial General Elections Supervisory Committees, District/Municipal General Elections Supervisory Committees, and Sub-District General Elections Supervisory Committees shall be established.

In the 2004 general elections, the personnel of the Indonesian Defense Force and the National Police had no rights to vote.

The General Elections Commission has determined April 5, 2004 as the 2004 General Elections Day.

COMPOSITION AND STATUE OF LEGISLATURE

The Preamble to the 1945 Constitution has stated that the state of Indonesia shall be in the form of Republic which in its implementation will adopt the principle of democracy guided by the inner wisdom of deliberation amongst representatives. To realize that, the legislative bodies shall be established to strive for the people's aspirations including regional ones in the frame of upholding democratic values.

In line with development of state affairs and national public, after the 1945 Constitution having been amended, the state organs have experienced a substantial change in their composition and status, including of the newly established regional representatives council.

Law No. 22 of 2003 concerning Composition and Status of the People's Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD), and the Provincial and District/Municipal Houses of Representatives (DPRD), is enacted in the frame of improving the role and responsibility of the members of parliament/regional parliament in exercising their duty and authority, and developing the mechanism of checks and balances between legislative bodies and executive ones, as well as improving the quality, productivity, and performance of the members of those bodies for the sake of realizing the people's well-being.

CONSTITUTIONAL COURT

Based on the amended 1945 Constitution, the Constitution Court is one of the state organs exercising an independent judiciary power to uphold law and justice according to its duty and authority. The existence of the Constitutional Court is also aim to keep state administration stability, as well as correction to the state affairs experience emerging in the past dual interpretation to the Constitution.

Considering that the Constitutional Court is one of the substantial parts to the 1945 Constitution, Law No. 24 on the Constitutional Court was enacted, regulating appointment and discharge of constitutional court judges, duty and authority, law of procedure, composition and status, and other provisions on the Constitutional Court.

THE 24 PARTIES TAKING PART IN THE 2004 GENERAL ELECTION

The General Elections Commission determined the 24 parties that have passed the clarification. Therefore, they have the right to be the participants of the General Elections of the members of the House of Representatives, the Provincial Houses of Representatives and the District/Municipal Houses of Representatives. The parties are as fallows: 1. Marhaenism Indonesian Nationalist Party (Partai Nasional Indonesia Marhaenisme -PNI Marhaenisme), 2. Democratic Solidarity Labor Party (Partai Buruh Sosialis Demokrat -PBSD), 3. Crescent and Star Party (Partai Bulan Bintang -PBB), 4. Freedom Party (Partai Merdeka -PM), 5. United Development Party (Partai Persatuan Pembangunan -PPP), 6. Democratic Nationhood Unity Party (Partai Persatuan Demokrasi Kebangsaan -PPDK), 7. New Indonesia Alliance Party (Partai Perhimpunan Indonesia Baru -PIB), 8. Freedom Bull Nationalist Party (Partai Nasionalis Banteng Kemerdekaan -PNBK), 9. Democratic Party (Partai Demokrat -PD), 10. Indonesian Unity and Justice Party (Partai Keadilan and Persatuan Indonesia -PKPI), 11. Indonesian Democratic Vanguard Party (Partai Penegak Demokrasi Indonesia -PPDI), 12. Indonesian Nahdlatul Community Party (Partai Nahdlatul Ummah Indonesia -PPNUI), 13. National Mandate Party (Partai Amanat Nasional -PAN), 14. Concern for Nation Functional Party (Partai Karya Peduli Bangsa -PKPB) , 15. National Awakening Party (Partai Kebangkitan Bangsa -PKB), 16. Prosperous Justice Party (Partai Keadilan Sejahtera -PKS), 17. Reform Star Party (Partai Bintang Reformasi -PBR), 18. Indonesian Democratic Party of Struggle (Partai Demokrasi Indonesia Perjuangan -PDIP), 19. Prosperous Peace Party (Partai Damai Sejahtera -PDS), 20. Golkar Party (Partai Golongan Karya -Golkar), 21. Pancasila Patriot Party (Partai Patriot Pancasila -PPP), 22. Indonesian Unity Party (Partai Sarikat Indonesian -PSI), 23. Regional Unity Party (Partai Persatuan Daerah -PPD), and 24. Pioneer Party (Partai Pelopor -PP)

GENERAL ELECTION TO ELECT PRESIDENT AND VICE PRESIDENT

According to the amended 1945 Constitution of the Republic Indonesia, Article 1 clause (2), it is stated that: "The sovereignty shall be vested in the people and shall be exercised in accordance with the Constitution. The amendment has a meaning that the people's sovereignty is no longer fully exercised by the People's Consultative Assembly (MPR), but shall be exercised in accordance with the stipulations of the Constitution. As one of the application of the sovereignty, there will be general elections to be executed to elect the members of the People's Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD) and the Regional Houses of Representatives (DPRDs) as well as another to elect the President and Vice President. Both the elections shall be executed in accordance with the Law as an implementation of a state based on law in the Unitary State of the Republic of Indonesia.

The first general elections to elect the President and Vice-President in 2004 is a political process for the Indonesian nation towards a democratic and responsible political life, and to elect the President and Vice President who have concrete support from the people. The general elections to elect the President and Vice-President shall be executed once in five years in direct, general, free, secret, fair and just manners and will be organized by a national, permanent and independent commission.

The candidate pairs who want to race in the general elections to elect the President and Vice President shall be proposed by a political party or a coalition of political parties which meet the requirements. The political party or a coalition of political parties shall only be able to, propose one candidate pair who meets the requirements of having a votes return minimum of 20 percent of valid votes in the national general elections to elect the House of Representatives members. This is meant that the political party as a means of people's political participation to propose candidates has made first selection for the candidate pairs of President and Vice-President.

The general elections supervision and monitoring are executed based on the principle of accountability. Supervision on the general elections to elect President and Vice-President shall be executed by supervisory committees for general elections at the level of province, district/city and sub-district. Whereas the General Election Commission (KPU) will handle violations and dispute settlements of general elections related with administration and procedures. The law enforcement of criminal provisions shall be done by the court of justice. The Constitution Court will settle disputes on the results of general elections to elect President and Vice-President.

General Elections Commission has determined July 5, 2004 as the date of the first round of general elections for President and Vice-President, and September 20, 2004 as the second round if it is deemed necessary. The determination of the result of the general elections for President and Vice-President took place on October 5, 2004.