Islam and Government

INDONESIA

 

The Indonesian political structure before and after the constitutional reforms,

By Ichwan Palongengi, used under .

Indonesia has experienced a decentralization of power since dictator Suharto’s resignation in 1998. Indonesia has three branches of government: a legislative branch, an executive branch, and a judicial branch.  Its legislative branch consists of three houses.  The People’s Consultative Assembly (MPR) serves only to amend the constitution, inaugurate the president, and impeach the president.  This body contains members of two lower houses.  The first of these is he House of Representatives (DPR), whose purpose is to create national legislation.  The other legislature is the House of Regional Representatives (DPD), which provides legislative input to the DPR but cannot vote on legislation.

The executive branch of Indonesia consists of the president, the vice-president, and the cabinet appointed by the president.[1]

Indonesia’s judicial branch consists of a Supreme Court, a Constitutional Court, and a Judicial Commission.  The Supreme Court confirms cabinet appointments and has the power to review all laws, including Islamic laws.  The Constitutional Court, created by amendment in 2003, also reviews laws, but its jurisdiction does not include Islamic laws.  Due to this limitation, this court has less power than the Supreme Court.[2] Indonesia’s Judicial Commission has the power to review rulings of the judges in the courts.  If the Judicial Commission finds controversial or inconsistent rulings, it can punish a judge.  These punishments range from reprimand up to dismissal.[3]

Indonesia has over three dozen political parties, but only nine currently have enough support to win seats in the legislatures because the constitution requires a party to win at least 2.5% of the vote to gain representation.

Indonesia’s voting age is 17, but married people who are 16 do not need to fulfill this age requirement.  Elections are held every fifth year for legislators and the president with the next election being in 2014.  All leaders are elected using a popular vote.[1]

This decentralization of power has resulted in a reduction of strict Islamic law.  However, marriage law in Indonesia remains intricate.  To marry in Indonesia, a couple must declare a religion.  Law does not mention interreligious marriages;  therefore, it remains a heavily debated topic in Indonesia.  Adultery is prohibited by law and is punishable by up to five years in prison or a substantial fine.  Public displays of affection are also prohibited.[4]

Indonesia is a fairly democratic country.  Despite its Islamic majority, Indonesia continues to promote freer elections and stronger democracy.  The rich diversity of Muslims in Indonesia makes it difficult for one sect of the faith to gain too much power.  Indonesia’s diverse party system also prevents a monopolization of power.  As a result, Islamic political parties have earned fewer votes in recent election, making Indonesia more democratic. [5]