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SBY: 'I won't sign elections law', experts: 'Too late, doesn't matter'
Jakarta Globe - September 26, 2014
Yudhoyono has said he will not sign the law that scraps direct regional elections, and instead will file, alongside the Democratic Party, a petition for judicial review at the Constitutional Court.
Democratic Party lawmakers walked out of the House of Representatives during its plenary session on Friday morning – sending what most charitably may be interpreted as an ambiguous signal of support for such a petition, since the walkout removed the only remaining obstacle for the bill's subsequent passage.
Bambang Eka Cahyana, former member of the Elections Supervisory Committee, or Bawaslu, said Yudhoyono's statement has no significant implications for the new law's validity.
"We all know that the law was an initiative from his own government. So why would he refuse to sign and to file [a judicial review] against his own initiative?" Bambang told the Jakarta Globe on Friday.
"In addition, regardless of whether he will or will not affix his signature, the law still comes into effect within the next 30 days," Bambang said.
Legal expert Refly Harun from the University of Indonesia agreed. "If Yudhoyono wants to refuse the law, he should have done it when the bill was still being deliberated at the House. Now, it is too late for him," Refly said.
Yudhoyono has argued that the newly passed law is not consistent with other laws such as the Law on Regional Representatives Councils and the Law on the Jakarta Special Administrative Region, which do not stipulate that regional legislatures have the mandate to directly appoint regional leaders.
But Refly said there is a provision in the newly enacted law that supersedes conflicting laws. Bambang said the Democratic Party should restrain itself from filing for judicial review, since the party controls the ruling government that first proposed the bill.
"It's better for him to let other factions take care of this matter," Bambang said, adding that civil society organizations that wish to file for judicial review have strong arguments and standing, since the law inhibits Indonesians' political rights.
Several such organizations have emerged already, such as the Commission for Missing Persons and Victims of Violence (Kontras), the Association of Indonesian District Leaders (Apkasi) and the Association of Indonesian City Leaders (Apeksi).
Source: http://jakartaglobe.beritasatu.com/news/sby-wont-sign-elections-law-experts-late-doesnt-matter/.
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