Our constitutional democracy
With support from the government, politicians at the House of Representatives have caused yet another stir by passing a law that will reduce the power of the Constitutional Court.
Critics say the amendments in the law were the result of transactional politics between the legislative and executive branches. Others have gone so far as to allege that anti-reform forces were behind the revisions.
However, not much is actually changing. The court will maintain its authority to review legislation that has been deemed as flawed and hear election disputes both at the national or regional levels.
Since its establishment in 2003 following reform, the court has emerged as “a common enemy” of both the House and the government for annulling dozens of articles of legislation that were considered discriminatory, prone to multiple interpretations or overlapping other laws that ran counter to the Constitution.
Some of the court’s prominent achievements in supporting political reform include the restoration of the political rights of former communists and an end to the criminalization of those who defame the head of state.
Starting in 2009, the court assumed more power, authorizing it to settle disputes in regional elections. The court upheld or rejected allegations of vote rigging in regional elections and even nullified election results altogether.
It was this extra power that worried the House politicians, and perhaps democracy champions, to amend the 2003 Law on the Constitutional Court.
Under the revised law, the court can no longer issue verdicts that go beyond the initial request (ultra petita principle), therefore placing the checks-and-balances mechanism back on track.
The political elites, however, must be aware of the spirit behind the formation of the court, which was to uphold constitutional democracy as opposed to procedural democracy, which might lead to the tyranny of the majority where a contentious bill might be passed only because the majority voted for it.
The law on pornography, which sparked mass protests and endangered freedom of expression, and the Regional Election Law that ignored independent candidates, to name a few, were examples of legislation that failed to respect the voice of the minority.
The court may not always rule against the House and the government, but its presence has taught both the executive and legislative branches the lesson that making laws cannot facilitate the short-term political interests of the elites without adequately listening to the wishes of the public, which is the essence of democracy.
Judicial review motions heard by the court send the political elites a message to exercise wisdom throughout the legislative process so that legislation benefits all.
The court will have to judge wisely itself whenever it hears a judicial review filed against the amended law on the Constitutional Court. Such a conflict of interest occurred when the court ruled against a group of legislative candidates who challenged the court’s authority to review laws early last year.
Critics say the amendments in the law were the result of transactional politics between the legislative and executive branches. Others have gone so far as to allege that anti-reform forces were behind the revisions.
However, not much is actually changing. The court will maintain its authority to review legislation that has been deemed as flawed and hear election disputes both at the national or regional levels.
Since its establishment in 2003 following reform, the court has emerged as “a common enemy” of both the House and the government for annulling dozens of articles of legislation that were considered discriminatory, prone to multiple interpretations or overlapping other laws that ran counter to the Constitution.
Some of the court’s prominent achievements in supporting political reform include the restoration of the political rights of former communists and an end to the criminalization of those who defame the head of state.
Starting in 2009, the court assumed more power, authorizing it to settle disputes in regional elections. The court upheld or rejected allegations of vote rigging in regional elections and even nullified election results altogether.
It was this extra power that worried the House politicians, and perhaps democracy champions, to amend the 2003 Law on the Constitutional Court.
Under the revised law, the court can no longer issue verdicts that go beyond the initial request (ultra petita principle), therefore placing the checks-and-balances mechanism back on track.
The political elites, however, must be aware of the spirit behind the formation of the court, which was to uphold constitutional democracy as opposed to procedural democracy, which might lead to the tyranny of the majority where a contentious bill might be passed only because the majority voted for it.
The law on pornography, which sparked mass protests and endangered freedom of expression, and the Regional Election Law that ignored independent candidates, to name a few, were examples of legislation that failed to respect the voice of the minority.
The court may not always rule against the House and the government, but its presence has taught both the executive and legislative branches the lesson that making laws cannot facilitate the short-term political interests of the elites without adequately listening to the wishes of the public, which is the essence of democracy.
Judicial review motions heard by the court send the political elites a message to exercise wisdom throughout the legislative process so that legislation benefits all.
The court will have to judge wisely itself whenever it hears a judicial review filed against the amended law on the Constitutional Court. Such a conflict of interest occurred when the court ruled against a group of legislative candidates who challenged the court’s authority to review laws early last year.
The beauty of Papua
With little fanfare, Jayapura Regent Hebel Melkias Suwae is expected to close the five-day Sentani Lake Festival on Thursday.
The fourth annual event seems to have only attracted foreign tourists rather than from those from our own soil.
The festival offered a precious moment to witness the beauty of our brothers and sisters in Papua as they demonstrated cultural exhibitions and shows, such as war dances performed on boats. Unfortunately, the festival passed almost unnoticed by the Indonesian media
The theme of the festival, “Love, Peace and Harmony”, may sound trite. But if we think deeper, the words perfectly reflect the dreams of all Papuans and those who live in other parts of the republic.
According to the calendar, on Aug. 8-11 the Baliem Valley Festival will be held in Wamena, Jayawijaya regency in Papua. Scheduled events include an archery competition and a crafts exhibition. Another activity, the 28th Asmat Cultural Festival will take place in October in Agats, the capital of Asmat regency.
Indonesians, especially those from the western part of the country, tend to look down on their fellow citizens from the east. While we often condemn the West for its arrogance and sense of superiority over people from poorer countries, whether realizing it or not, we often perpetrate a similar evil attitude toward Papuans.
Do we ever realize the small, but fundamental, examples set by the Papuans? They are perceived as good Indonesian-language speakers in terms of grammar and structure. The national language is widely used there because Papuans have hundreds of local languages, many of which are completely unrelated.
Reports from national and foreign media, including The Jakarta Post, on Papua are usually dominated by disheartening news: continuing human rights abuses, the practice of divide et impera (divide and conquer), the exploitation of natural resources, the spread of deadly diseases like HIV/AIDS and massive corruption.
The festivals mirror the beauty of Papua and the beautiful minds of its people. Let us remember that our compatriots there do not demand anything except equal rights and equal treatment — by the law and by all Indonesians.
The fourth annual event seems to have only attracted foreign tourists rather than from those from our own soil.
The festival offered a precious moment to witness the beauty of our brothers and sisters in Papua as they demonstrated cultural exhibitions and shows, such as war dances performed on boats. Unfortunately, the festival passed almost unnoticed by the Indonesian media
The theme of the festival, “Love, Peace and Harmony”, may sound trite. But if we think deeper, the words perfectly reflect the dreams of all Papuans and those who live in other parts of the republic.
According to the calendar, on Aug. 8-11 the Baliem Valley Festival will be held in Wamena, Jayawijaya regency in Papua. Scheduled events include an archery competition and a crafts exhibition. Another activity, the 28th Asmat Cultural Festival will take place in October in Agats, the capital of Asmat regency.
Indonesians, especially those from the western part of the country, tend to look down on their fellow citizens from the east. While we often condemn the West for its arrogance and sense of superiority over people from poorer countries, whether realizing it or not, we often perpetrate a similar evil attitude toward Papuans.
Do we ever realize the small, but fundamental, examples set by the Papuans? They are perceived as good Indonesian-language speakers in terms of grammar and structure. The national language is widely used there because Papuans have hundreds of local languages, many of which are completely unrelated.
Reports from national and foreign media, including The Jakarta Post, on Papua are usually dominated by disheartening news: continuing human rights abuses, the practice of divide et impera (divide and conquer), the exploitation of natural resources, the spread of deadly diseases like HIV/AIDS and massive corruption.
The festivals mirror the beauty of Papua and the beautiful minds of its people. Let us remember that our compatriots there do not demand anything except equal rights and equal treatment — by the law and by all Indonesians.
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