One of the most interesting current issues in Indonesian politics is the separation of the electoral system from open proportional representation to closed proportional representation. With a closed proportional system, the party becomes central in the nomination and election of legislative candidates. This will be a new challenge in party reform and parliamentary representation because Indonesia has very difficult requirements for registering political parties. One of the reasons for the difficulty of registering political parties in Indonesia is through a comparison of these requirements with those in Australia.
“Political parties in Indonesia have problems in the function of representation. One of the reasons is because the requirements for registering political parties are too onerous. If we replace the closed proportional system, this will not even improve the function of political parties," said Director of the Association for Elections and Democracy (Perludem), Khoirunnisa Nur Agustyati in Jakarta (2/22).
Khoirunnisa explained that creating and registering political parties in Indonesia is a long process and requires enormous resources. There are two stages of registration of political parties in Indonesia. First, the party must be registered to have legal entity status. Second, parties must be registered to take part in elections.
In the first stage, registration is done with the Ministry of Law and Human Rights based on the law on political parties. To obtain legal status, parties must have branches in all provinces and branches in not less than 75% of the districts in each province and at least 50% of the districts in each district. Given that there are 38 provinces in Indonesia and more than 400 districts, this requirement means that parties need significant support and financial backing to obtain legal entity status.
In the second stage, the requirements for legal status must be proven again by verification with the General Elections Commission along with electoral requirements based on the election law. Among other things, parties must nominate candidates to take part in elections in all electoral districts with various levels. The party must have 1,000 members and have offices at the national, provincial and district levels. Candidates proposed to stand for election must have minimum support in the constituency they wish to represent, prior to the election. This may require the support of up to 15,000 voters before the election cycle even starts.
“Because the conditions to participate in the election are very difficult, it is very difficult for grassroots-based parties to emerge and win seats. For example, parties based on labor or the environment have difficulty preparing offices, management and legislative candidates for all regions of Indonesia," said Khoirunnisa.
The implication of the party registration system in Indonesia is that it is very difficult to form political parties that are eligible to nominate candidates to take part in elections. In a country with such significant geographic, religious and political diversity, Indonesia runs the risk of limiting representation to those with minority interests. If Indonesia is to transition to a closed list system, reducing barriers to entry for political parties must be a priority.
Compared to Indonesia, the party registration system in Australia is much simpler. In Australia, political parties are not required to register with the Australian Electoral Commission (AEC) to take part in federal elections. However, registering as a federal political party offers several advantages, including greater perceived legitimacy, easier attestation of candidates, election financing, and access to the Electoral Register.
The Australian Electoral Commission (AEC) on its official website explains that the requirements for registering political parties in Australia are contained in article 126 of the Commonwealth Electoral Act 1918. There are two main requirements. First, the party must have at least 1,500 members who are included in the Electoral List and who also cannot be relied upon by other parties for registration purposes. If this condition is not selected, the party can choose another condition, namely, the party must have at least one party member who is a Senator or Member of Parliament in the Commonwealth of Parliament and not a member of another party.
The result of Australia's relatively lax political party registration requirements is that there are many smaller parties representing special issues contesting parliamentary seats through elections. Josh Butler reports from Canberra that, in the 2022 Federal Election, there are minor parties such as the Indigenous-Aboriginal Party and the Animal Justice Party. There is an “Informed Medical Options” party that advocates for individual rights to refuse medical procedures and eliminate fluoride in drinking water. There is a small party called “Seniors United” with the sole interest of advocating retirement benefits. There is also the “Sustainable Australia” Party, which advocates for increased environmental protection.
Australian election analyst Antony Green explained the lax party registration rules were not without controversy. Before 2021, Australia will have easier registration requirements. Parties that register only need to have 500 members. The Joint Standing Committee on Electoral Matters recommended that this number be increased to 1500 members. This recommendation comes after the 2013 Federal Election which featured huge ballots and complicated preference agreements among the 35 minor parties running for the Senate.
Minor parties criticized the new regulations. They say it is a way for the big parties to reduce competition and prevent smaller parties from getting registered. Proponents of the new law argue that it will make the voting process less confusing for voters and ensure that parties have an authentic support base.
From all the explanations from the sources, the system for registering political parties in Indonesia and in Australia is not perfect. Indonesia's party registration system creates very high barriers to entry and requires parties to have significant financial resources behind them, even before reaching the polls. Australia, however, has a much easier barrier to entry, but has resulted in the development of “micro” parties that crowd ballots and confuse voters.
However, Australia's political party registration system allows a wider range of interest groups to have a voice in a democracy. This ensures that voters see themselves and their needs represented on the ballot on election day. A registration system that produces parties that represent the interests of diverse voters is something that policy makers in Indonesia should pay attention to if they want to switch to a closed proportional electoral system.
Technically, a closed proportional election system has advantages that organizers and voters will like because it is easy and simple. What needs to be remembered, there is a need for reforms in the registration of candidates and the democratic process within political parties. []
LAURA THOMAS
