INDONESIA

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GENERAL INFORMATION

Parliament (generic name):

Dewan Perwakilan Rakyat

Translated name:

House of Representatives

Structure:

Unicameral

Chamber:

Dewan Perwakilan Rakyat

Translated name:

House of Representatives

President:

Agung Laksono ( M)

Secretary General:

Faisal Djamal ( M)

Members (statutory number):

550

directly elected

Members (current number):

550

Women (current number):

62 ( 11.27%)

Term:

5 years

Last renewal dates:

5 April 2004

Address:

Dewan Perwakilan Rakyat
Republik Indonesia
Jalan Jenderal Gatot Subroto
JAKARTA 10270
Tel.: (6221) 5715 841, 5715 835
Fax: (6221) 573 21 32, 5715 673, 573 41 94
E-mail: biro_ksap@dpr.go.id

Web site:

http://www.dpr.go.id/

Affiliation to IPU:

Yes

Affiliation date(s):

1922 -1939
1952

ELECTORAL SYSTEM

Electoral Law:

17 December 1969

Last amendment: 07/01/1985

Constituencies:

33 multi-member constituencies corresponding to the provinces.

Voting System:

The number of seats from each constituency was decided by the General Election Commission. Direct party-list system with proportional distribution of seats according to the simple (Hare) quotient. Remaining seats are allocated through greatest remainders.
Vacancies arising between general elections are filled by a person chosen by the former Representative's party.
Voting is greatly encouraged, but it is not compulsory.

Voter requirements:

- age: 17 years or married at the time of registration
- Indonesian citizenship
- disqualifications: insanity, ex-members of the prohibited Indonesian Communist Party or affiliated mass organisations, direct or indirect involvement in the attempted Communist coup of 1965, imprisonment or confinement of at least five years' duration, members of the armed forces

Eligibility:

Qualified electors
- age: 21 years
- Indonesian citizenship
- proficiency in Indonesian language
- graduation from a secondary high school or equivalent knowledge and experience in social and governmental activities
- loyalty to Pancasila as the basic ideology of the State

Incompatibilities:

- members of the armed forces (to elected seats)
- civil servants

Candidacy requirements:

- nomination by political parties or functional organisations, each supported by at least two members of the leadership of the organisation concerned

LAST ELECTIONS

Also available: Archive of past election results for this chamber

Dates of election / renewal (from/to):

5 April 2004

Purpose of elections:

Elections were held for the 550 elective seats of the House of Representatives on the normal expiry of the members' term of office.

Background and outcome of elections:

Up to 147 million voters were called to the polls on 5 April 2004 to elect the 550 members of the national House of Representatives together with the members of the provincial and regional legislatures and those of the Regional Representatives' Council, a new assembly of provincial delegates. All together, at stake were 15,276 seats in national, provincial and district parliaments.

Almost half a million candidates stood in the elections. Some 7,800 of them, from 24 different parties competed for seats in the national House of Representatives.

The electoral campaign was marked by the extensive use of television advertising for the first time. Some ads demonstrated how to punch the ballots correctly. Most of the parties focused their campaign on the need to improve the economy, with little differences between the two main contenders, the Indonesia Democratic Party of Struggle (PDI-P), led by President Megawati Sukarnoputri and Golkar, the party of former President Suharto, led at the time by the then Speaker of Parliament, Akbar Tandjung. Golkar was part of Ms. Megawati's governing coalition. It is now led by Mr. Jusuf Kalla, Vice President of the Republic.

Although some 80 per cent of the country's population are Muslims, one of the defining features of the 22-day campaign was the silence of the five main Muslim parties on the issue of Islamic Law, while they insisted on the need to improve the economy.

About 84 per cent of the eligible voters turned out to cast their ballots but some 11 million votes were declared invalid due to the complexity of the voting process. Indeed, the ballot sheets were reportedly very long to accommodate the long lists of candidates. This probably confused voters and led them to fill them incorrectly.

The election was billed as history's biggest one-day vote, and was only Indonesia's second democratic vote since Suharto's fall in 1998. Civic groups were concerned that the process was too complicated and voters had not had enough education.

Some 43 foreign and local organizations were accredited by the general election commission (KPU) to monitor the elections. Amid fears of unrest, 275,000 police were deployed.

Nearly 600,000 polling stations, staffed by 5 million workers and spanning three time zones and 3,000 miles from Sumatra in the west to Papua in the East, were opened in the country's 6,000 inhabited islands.

Voting was marred by delays, shortages of election materials, registration cards delivery mistakes and confusing ballots featuring hundreds of names and dozens of party logos. While there were reports of irregularities, the chief of the European Union Election Observer Mission said that they looked minor.

Across most of the country the poll proceeded without incident. Nevertheless, two Indonesian election officials were reported killed while delivering voting equipment in Papua.

According to the results announced on 5 May 2004, the Golkar party emerged the winner of the elections as it took 21.6 per cent of the vote and 127 seats, up from 120 in 1999, with the PDI-P party coming second with 18.5 per cent and 109, down from 153. The National Awakening Party came in third position, with 10,57 per cent of the vote and 52 seats.

The newly elected House of Representatives held its first sitting on 1 October 2004. Mr. Agung Laksono was elected as its Speaker.

The results of the parliamentary elections determined which parties could put up candidates for the presidential election. The first direct presidential election was on 5 July 2004, and the second round was held on 9 September 2004. Mr. Susilo Bambang Yudhoyono was elected as President.

STATISTICS


Round no 1 (5 April 2004): Election results

Number of registered electors		148'000'369
Voters		12'456'342 (8.42%)
Blank or invalid ballot papers		10'957'928
Valid votes		1'498'414


Round no 1: Distribution of votes

Political Group	Candidates	Votes	% of votes
Golkar	652	24'480'757	21.57
Indonesian Democratic Party - Struggle (PDI-P)	558	21'026'629	18.53
United Development Party (PPP)	497	9'248'764	8.15
Democratic Party (PD)	433	8'455'225	7.45
National Mandate Party (PAN)	520	7'303'324	6.44
National Awakening Party (PKB)	451	11'989'564	10.56
Prosperous Justice Party (PKS)	446	8'325'020	7.34
Reform Star Party (PBR)	317	2'764'998	2.44
Prosperous Peace Party (PDS)	283	2'414'254	2.13
Crescent Star Party (PBB)	336	2'970'487	2.62
Others	1062	5'057'192	4.46
United Democratic Nationhood Party (PPDK)	223	1'313'654	1.16
Justice and Unity Party (PKP)		1'424'240	1.25


Round no 1: Distribution of seats

Political Group							Total of seats
Golkar							127
Indonesian Democratic Party - Struggle (PDI-P)							109
United Development Party (PPP)							58
Democratic Party (PD)							56
National Mandate Party (PAN)							53
National Awakening Party (PKB)							52
Prosperous Justice Party (PKS)							45
Reform Star Party (PBR)							14
Prosperous Peace Party (PDS)							13
Crescent Star Party (PBB)							11
Others							7
United Democratic Nationhood Party (PPDK)							4
Justice and Unity Party (PKP)							1

Comments:

Sources:
- The Jakarta Post
- Indonesian Group of the IPU (08.03.2005)

Distribution of seats according to sex:

Men:

488

Women:

Percent of women:

11.27

Distribution of seats according to age:

21 to 30 years	4
31 to 40 years	75
41 to 50 years	189
51 to 60 years	174
61 to 70 years	83
Over 70 years	5
Unknown	20

Distribution of seats according to profession:

Former Member of Parliament		204
Employees of Private Company		125
Entrepreneur		114
Professionals		38
Government Official/Civil Searvant		26
Retired from Government Service/Military		25
Others		18

PRESIDENCY OF THE PARLIAMENT

APPOINTMENT AND TERM OF OFFICE

Title:

Speaker of the House of Representatives

Term:

- duration: 5 years (term of House)
- reasons for interruption of the term: resignation, loss of mandate, attribution of other functions outside the House, death, dissolution of the House

Appointment:

- elected by all Members of the House through the spokesmen of their respective factions
- the election is held at the beginning of each legislature
- after validation of mandates and swearing-in

Eligibility:

- any Member may be a candidate, but formal notification of candidature by a parliamentary faction is required

Voting system:

- public vote
- election in 2 stages: the first in meetings of the different factions; the second in the House plenary

Procedures / results:

- the oldest Member and the youngest Member preside over the House during the voting
- the oldest Member announces the results without delay
- the results cannot be challenged

STATUS

Status:

- ranks third in the hierarchy of the State
- represents the House with the authorities
- represents the House in international bodies
- in the absence of the Speaker, one of the Deputy Speakers can assume his/her role and functions

Board:

Material facilities:

- allowance
+ expense allowance
- official residence
- official car
- secretariat and additional staff
- domestic staff
- bodyguards

FUNCTIONS

Organization of parliamentary business:

- convenes sessions
- establishes and modifies the agenda, with the Standing Committee
- organizes the debates and sets speaking time
- refers texts to a committee for study

Chairing of public sittings:

- can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- the Secretary General makes announcements concerning the House
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the House
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates, with the agreement of the Presidents of the parliamentary groups

Special powers:

- establishes the budget of the House with the assistance of the Household Committee and the Secretary General
- appoints the Secretary General on the proposal of the Presidents of the parliamentary groups
- organizes the services of Parliament with the Secretary General
- the Secretary General recruits, assigns and promotes staff
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber

Speaking and voting rights, other functions:

- provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting
- proposes bills or amendments
- transmits the laws adopted to the Head of State for promulgation

MEMBER OF PARLIAMENT

PARLIAMENTARY MANDATE

Nature of the mandate:

· Linked representation - imperative mandate

Start of the mandate:

· When the MPs take the oath

Validation of mandates:

· Validation by the Verification Committee (Art. 43 a of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
· Procedure

End of the mandate:

· On the day when the legal term of the House ends (Art. 12 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)

Can MPs resign ?

Yes

· Yes, of their own free will (Art. 7 (1) (b) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (b) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
· Procedure: request to the Leadership of the House
· Authority competent to accept the resignation: the Leadership of the House of Representatives

Can MPs lose their mandate ?

Yes

(a) Revocation before expiry of mandate by the political party (Art. 7 (1) (e) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (g) and Art. 43 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(b) Definitive exclusion from Parliament by the latter: declaration that the MP has violated the oath/pledge of membership (Art. 7 (1) (d) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f) and (4) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(c) Loss of mandate by judicial decision (Art. 13 (1) in relation with Art. 4 (1) (e), (4), and 2 (1) (f) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(d) Loss of the general requirements for eligibility (Art. 5 and 7 (1) (c) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (e) and (4), as well as 2 (1) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(e) Loss of mandate for incompatibilities (Art. 7 (1) (f) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (h) and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(f) Death (Art. 7 (1) (a) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (a) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(g) Living outside the Indonesian territory (Art. 13 (1) in relation with Art. 4 (1) (c) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(h) General procedure (Art. 7 (2) and (3) of the Rules of the House of Representatives, and Art. 13 (1) and (4) in relation with Art. 4 (2) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)

STATUS OF PARLIAMENT MEMBERS

Rank in hierarchy:

Indemnities, facilities and services:

· Diplomatic passport
· Basic salary + additional allowance in relation with rank, marital status, and activities inside and outside Parliament
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Official housing
(d) Official car
(e) Security guards
(f) Electricity and telephone services
(g) Travel and transport allowances

Obligation to declare personal assets:

Yes

Parliamentary immunity - parliamentary non-accountability:

· The concept does exist (Art. 9 (2) of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: improper language (Art. 112 of the Rules of Procedure of the House of Representatives; see Discipline), disclosure of secrets (Art. 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives, and Volume II, Chapter I of the Penal Code; see Code of conduct).
· Non-accountability takes effect on the day when the mandate begins.

Parliamentary immunity - parliamentary inviolability:

· The concept does exist (Law on Procedure for Police Action against Members/the Leadership of the House).
· It applies to criminal and civil proceedings, covers all offences with the exception of serious offences (treason, etc.) and minor offences (traffic offences, etc.), and protects MPs from police measures.
· Derogations: in case of flagrante delicto, no approval is necessary.
· Protection is provided from the start to the end of the mandate.
· Parliamentary immunity (inviolability) can be lifted:
- Competent authority: the President of the Republic
- Procedure
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.

EXERCISE OF THE MANDATE

Training:

· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Rules of Procedure of the House of Representatives

Participation in the work of the Parliament:

· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings (see also Art. 99 of the Rules of Procedure of the House of Representatives).
· There are no penalties foreseen in case of failure to fulfil this obligation.

Discipline:

· The rules governing discipline within Parliament are contained in Art. 109 (2), 111 (2), and 112 to 114 of the Rules of Procedure of the House of Representatives.
· Disciplinary measures foreseen:
- Order to discontinue the speech (Art. 109 (2) of the Rules of Procedure of the House of Representatives)
- Warning for irrelevance (Art. 111 (2) of the Rules of Procedure of the House of Representatives)
- Order to stop improper actions or to withdraw improper words (Art. 112 of the Rules of Procedure of the House of Representatives)
- Order to discontinue improper words (Art. 113 (1) of the Rules of Procedure of the House of Representatives)
- Order to leave the sitting (Art. 113 (2) of the Rules of Procedure of the House of Representatives)
- Expulsion by force from the assembly hall (Art. 113 (3) of the Rules of Procedure of the House of Representatives)
- Closure or adjournment of the meeting (Art. 114 of the Rules of Procedure of the House of Representatives)
· Specific cases:
- Improper language, disturbance of the order of the meeting, incitement to illegal actions during the meeting (Art. 112 of the Rules of Procedure of the House of Representatives): order to stop improper actions or to withdraw improper words
· Competent body to judge such cases/to apply penalties: the Chairman of the meeting
· Procedure:
- Order to discontinue the speech (Art. 109 (2) of the Rules of Procedure of the House of Representatives)
- Warning for irrelevance (Art. 111 (2) of the Rules of Procedure of the House of Representatives)
- Order to stop improper actions or to withdraw improper words, order to discontinue improper words, order to leave the sitting, expulsion by force from the assembly hall, closure or adjournment of the meeting, improper language, disturbance of the order of the meeting, incitement to illegal actions during the meeting (Art. 112 to 114 of the Rules of Procedure of the House of Representatives)

Code (rules) of conduct:

· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 7 (1) (d) and (f), 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f) and (h), Art. 4 (4), 34 and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives, Volume II, Chapter I of the Penal Code, Law on Police Measures against MPs; see also Declaration of interests).
· Penalties foreseen for violation of those rules:
- Loss of mandate (Art. 7 (1) (d) and (f) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f) and (h), Art. 4 (4), and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives; declaration that the MP has violated the oath/ pledge of membership/incompatibilities)
- Judgement that the MP has offended Parliament (Art. 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives; disclosure of secrets)
· Competent body to judge such cases/to impose penalties:
- Declaration that the MP has violated the oath/pledge of membership: the House of Representatives
- Loss of mandate for incompatibilities: automatically
- Disclosure of secrets: respective court
· Procedure:
- Declaration that the MP has violated the oath/pledge of membership (Art. 7 (1) (d) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f), and 4 (4) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
- Loss of mandate for incompatibilities (Art. 7 (1) (f) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (h), and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
- Disclosure of secrets (Art. 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives, Volume II, Chapter I of the Penal Code, Law on Police Measures against MPs; disclosure of secrets)

Relations between MPs and pressure group:

· There are no legal provisions in this field.

Also available: Archive of past election results for this chamber