Anita Rachman – The government has proposed barring relatives of outgoing regional officials from running for the same post in elections, but legislators warn that the policy may violate basic rights.
The Ministry of Home Affairs said on Tuesday that it was considering the policy's inclusion in a 2004 Regional Governance Law draft amendment to prevent political dynasties from forming.
Djohermansyah Djohan, director general of local autonomy at the ministry, said "loose regulations" governing regional polls had encouraged political clans.
"The government is trying to find a solution," he said. "This is clearly the practice of clan politics, because the fact is that most of these relatives don't have the competency or quality to lead."
He said he had seen wives, husbands, children and cousins running for the posts their relatives were vacating – but many of these candidates lacked the necessary skills or qualifications.
As a result, Djohermansyah said, constituents ended up suffering from poor leadership. "While it's true they have a right to run for office, the people also have a right to the best possible leadership," he said.
In its proposal, the government seeks to bar a politician's immediate family from running for a seat in the same province, district or city for at least one term after the incumbent steps down. Djohermansyah said the policy was not meant to ban relatives from contesting posts, but to ensure a break period between a government official's term and that of his elected kin.
The regulation would also prevent incumbents from using their political clout and resources to help relatives win the polls. "We've noticed that incumbents are very prone to [abusing] their authority to help their relatives contest regional elections while they are still in power," Djohermansyah said.
However, several lawmakers raised concerns about the plan, saying it would violate a person's right to run for public office.
"Let's think of some better solution," said Chairuman Harahap, chairman of House of Representatives Commission II, which oversees home affairs. "This phenomenon of political dynasties forming at the regional level is indeed worrying, but the government can't just strip someone of their political rights."
Chairuman, a Golkar Party lawmaker, suggested stringent rules to prevent the abuse of power by regional officials.
"Commission II will respond to this. We'll try to find the best solution," he said on Tuesday. "I hope that such a solution will be applicable not just at the regional level, but also at the national level, [especially in] presidential elections," he added.
Arif Wibowo, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), said the proposed ban would "violate basic human rights" and would be rejected by the Constitutional Court if challenged.
Arif said it would be "pointless in the first place" for officials to include the proposal in the draft amendment.
The task of screening the best possible candidates for elections, he said, should be left to political parties, which "would emphasize the candidate's quality over any other aspect."
"Recruitment should be the political parties' responsibility because they can select who is really qualified [and] who isn't," Arif said. "Some relatives of outgoing district heads may prove to be qualified and some may not."
He also said a candidate's leadership abilities should be based not only on their education but also on their political track record. "Don't judge them only by their college certificates, but see whether they have political experience or not," Arif said.
Yunarto Wijaya, an analyst with Charta Politika, a consultancy group, welcomed the ministry's proposal, saying it would curb the trend of spawning regional dynasties.
But he said there should be a better solution that would not infringe on people's rights. He suggested requiring candidates to reveal their campaign finance records, so the public could see which individuals or companies had backed their bid.
"Let's be honest, our voters aren't rational, which is a consequence of going through this transitional period of democracy," Yunarto said.
"Most voters are still trapped in a 'cult democracy' mind-set that will invariably give rise to dynasties," he said, adding that it was up to political parties to change these attitudes.