Adianto P. Simamora, Jakarta – The Constitutional Court (MK) claims a proposal by the General Elections Commission (KPU) to award seats to female candidates regardless of votes is a constitutional violation.
The KPU is seeking a government regulation in-lieu-of law (Perpu) to require parties that win three seats in an election district to award one seat automatically to a female candidate.
The request was made amid public outcry against a court ruling which states political parties are to assign legislative seats to the candidates who win the most votes. Critics argue the ruling contradicts an election law on gender equality at the legislative level.
The MK has called for the KPU to drop the plan, arguing that it cannot deny the candidate who wins the most votes their seat simply because they wish to increase the representation of women in legislative bodies.
The court's deputy chief, Abdul Mukthie Fadjar, warned that if the KPU went ahead with its proposed action it would be violating the constitution.
"The court's ruling allows voters to elect their favorite candidates, irrespective of their gender," Abdul told The Jakarta Post at a three-day discussion organized by the MK.
"The ruling will leave the KPU responsible for determining which candidates are elected, so why do they want to make it difficult for themselves?"
A number of political parties, including President Susilo Bambang Yudhoyono's Democratic Party, have opposed the KPU plan.
The Indonesian Women's Coalition (KPI) threw its weight behind the KPU initiative.
"We know it is hard because a party may be unable to win three seats in one election district, but we will persuade party leaders to take it one step further by awarding one of every two seats in an electoral district to a female candidate," KPI secretary-general Masruchah said.
She said the coalition would also push the KPU to issue a regulation on extra legislative seats for women. "We will work hard to persuade both party leaders and the KPU," she said.
The 2008 law on legislative elections requires parties contesting the election to ensure women account for 30 percent of their eligible candidates. Only four of the 38 parties contesting the polls fail to comply with the ruling.
The KPU has registered nearly 12,000 candidates competing for 560 seats at the House of Representatives on April 9.
Action was taken to increase women's representation in legislative bodies ahead of the 2004 elections, but the polls only resulted in 62 House seats being awarded to women, or 11 percent of the 550 total seats up for grabs.
Abdul said to increase female representation, it would be better for political parties to encourage voters, particularly women, to choose female candidates. "The measure is simply a temporary solution. It ultimately depends on the voters," he said.
Another MK justice Akil Mochtar said the KPU had digressed too far from its predominant task of organizing the elections by proposing this plan.
"The court's ruling is executable and binding. There is no need for the KPU to seek a Perpu to determine which candidates deserve the House seats," he said, adding the KPU should instead focus on providing the logistical support for the election to prevent delays.
Although the number of female legislators has increased since the 1999 polls, many critics still protest the low representation of women in the House. Those supporting the plan claim an increase in female legislators would not only improve the House's performance, but also reduce corruption.