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KPU position weak on female quotas

Source
Jakarta Post - January 29, 2009

Jakarta – Political experts and players on both sides of the controversy over the gender quota issued last week by the General Elections Committee (KPU) think there is little chance that the poll supervisory body can force the annulment of the most recent ruling of the Constitutional Court.

The court ruled last month that article 214 of the 2008 law on legislative elections, allowing the KPU to place a mix of candidates chosen popularly in regional elections and party favorites on the ballot for the national poll, was invalid.

According to the Court, only those candidates having received the most votes in regional elections should appear on the national ballot. The KPU claims that article 214 allows it to act to ensure better gender balance among candidates.

This system was preferred by women's groups because it guaranteed that female candidates would get at least one out of of three seats won by any given political party in every electoral district during the legislative elections.

Women's groups advocated the imposition of a quota of 30 percent women in legislative bodies last week. In response to the Court's ruling, KPU issued a regulation imposing such a quota.

Reacting to the KPU's action, legal expert Irman A Putrasidin told The Jakarta Post Wednesday that "The court's decision is final. There's no turning back to the old system."

He criticized the KPU decision in issuing its own regulation to be used against the court ruling, "They have no right to make a regulation to uphold women's rights. That is not their domain."

Legislator Nursyahbani Katjasungkana of the National Awakening Party (PKB) said that although the KPU had every right to take action to counter the impact of the court's ruling, she was uncertain if this would stand up in court.

Chairman of the Indonesia Corruption Watch (ICW)'s ethics committee Bambang Wijayanto also doubted whether KPU was strong enough to maintain its stance against the court's ruling He added that the best choice for KPU would be to ask the House of Representatives to grant a regulation in-lieu-of the law to annul the court's ruling. "This regulation has to be arrived at by agreement coming from all political parties."

Many political parties have been quick to back the court's ruling, because it provides them with more room to gain voters.

Rejecting all pressures from the observers, KPU said Wednesday it would continue with its plan to issue a decree requiring political parties to allocate seats for woman. KPU member Andi Nurpati said the commission's plenary meeting had agreed to issue such a decree should the government fail to do so.

The KPU has registered nearly 12,000 candidates competing for 560 seats at the House of Representatives on April 9.

Action to increase women's representation in legislative bodies ahead of the 2004 elections, only resulted in 62 House seats being awarded to women, or 11 percent of the 550 seats.

Although the number of female legislators has increased since the 1999 polls, many criticize the low representation of women. Those supporting the plan claim an increase in female legislators would improve the House's performance, and reduce corruption. (din)

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