What kind of Democracy Indonesia is embracing?

(D) Senator Tom Torlakson of Antioch, California (USA) joining Bay Point Spring Derby Parade 2008

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Indonesia is gradually embracing democracy, it is critical that the Indonesian press and media undertake a great length to educate the public at large by presenting a true understanding of Democracy and monitor the implementation of its principles. Regardless of any new name and perhaps, a different kind of Democracy Indonesia is going to embrace, Democracy can not be separated from its 11 principles, which are:

 

Those are the 11 principles of Democracy that any democratic government shall implement. Does it guarantee that the people of Indonesia will live in peace and harmony? It does and it does not, it depends on many factors. But one thing for sure is this. If implementing those 11 principles of Democracy may and may not guarantee its success, neglecting those 11 principles of democracy is no doubt will bring chaos and turmoil in a diverse society like Indonesia. Chaos and turmoil can be triggered by many things. Those 11 principles will at best preserve and protect individual rights as a citizen that will nurture people to respect each other to live in peace and harmony.

As President Lincoln summarized it as: “Government of the people, by the people and for the people”. If this principle changed or abrogated to a different names such as: guiding democracy, liberal democracy or conservative democracy where the Executive branch has an unequal power with its legislative and judicial branch, then the spirit of democracy does not exist. Regardless of any new name and any kind of democracy Indonesia is going to embrace, Indonesia cannot stay away from the framework of Democracy and ignore its principles.

I do not suggest that Indonesian Democracy is not good or bad. No, not at all! I am very proud with what is happening now in Indonesia. But the change that is happening now shall be tailored and directed to address the interest of the people at large and not certain elite, political party or group of people. So, there are many things that Indonesian politicians have to do to improve its political public playing fields.

Being the first Indonesian-American who ever seated and served as City Council and experienced firsthand the American Democracy, I have to admit that American Democracy is one of its kinds that is different, especially, with all of these parliamentary proceeding regulations and rules on political public playing field such as: Robert Rule of Order, The Brown Act and Better Government Ordinances that guide, limit, prohibit and restrict the conduct of the public officials and politicians at large. This is something that many foreign countries who embrace Democracy do not have and lack of. As a result, Democracy should be a government of the people, by the people and for the people, in stead it turns out to be government of political party, by political party and for the political party as we see in Indonesia today. This has to change!

Democracy does not come in a full package, those rules and regulations on political public playing field was a result of ongoing improvement by local politicians to present and preserve the interest of the people all the way after the election is completed by allowing them to be part of the decision making process in the Government affairs. This is something that we don’t see happening yet in Indonesia. After the election is over, the role of the people seem vanish in the air. See ya, bye, bye and thank you for electing me. That is not the case in the American Democracy. If you ever get a chance to attend any public meeting even at the City Council level that is strictly regulated under the Brown Act, you will see a direct public (people at large) involvement on Government affairs. That is the American Democracy where ordinary people play a critical role in the government affairs.

What happen in Iraq and Afghanistan has nothing to do with American Democracy. It is a separate issue that shall be understood. It is American Foreign Policy that was taken by President Bush administration. If those policies proven to be wrong and arrogant, that is the consequences for all American people to accept for choosing President Bush twice in office. Majority American people disapprove President Bush foreign policy. The next President of United States will take responsibility to fix those mistakes around the world. That is exactly what Senator Barrack Obama is trying to do as he stated openly and publicly during the campaign and his recent public statements in his capacity as US President Elect. That is the American Democracy with its strengths and weaknesses.

If Indonesia is embracing DEMOCRACY as she has proclaimed to the world since 2004, then Indonesia shall abide by and honor its principles and implement the rule of the game within the framework of democratic government accordingly.

For the time being, let’s now forget my background for being an Indonesian-American who has been exposed deeply by the American Democracy to eliminate any potential suspicion and prejudices. Let’s also set aside these easily misunderstood words, such as: American Democracy, Open Liberal Democracy, American-Type Political Strategy, and American’s way of Politic or, Indonesia’s Political Culture.

Let’s focus on democracy as being democracy that stands alone within its principles and spirit, which is Demo as people and kratia as authority. And because the people’s interest is the centralized focus in democracy, the power of the government is decentralized and 3 branches of government are established to be co-equal, independent, dispersed and decentralized.

In addition 4th branch of non-government called a FREE MEDIA is also required to play its role to monitor the work of these 3 branches of Government and to report their finding to the people. This reflects the spirit of democracy within the framework people’s right to know and to be informed.

Now what is the biggest enemy of democracy?

That little nasty animal called “SECRECY”. Democracy is about governing large group of people, by large group of people and for large group of people. Democracy is the opposite of those kingship, dictatorship, authoritarian and totalitearian where small group of people or one man rules large group of people with complete obidience to the ruler is a must and a mandate; where dissent and public oversight is not an option.

Democracy is the opposite. And it is because of large group of people are governing large group of people, Democracy is about establising transparency, check and balance through public oversight. In Democracy, it is not that we don;t trust our leader, but it is about pubblic oversight that we must scrutinize our leaders and our representatives. This is why “Secrecy” is the beiggest enemy in Democratic government.

If you think about it, this little nasty animal has caused Indonesia to be in a deep debt trap as today. Many deals that were made in the name of Indonesian people with foreign countries were executed in SECRECY. Look at the billions and billions dollar debts with 18 countries within Paris Club, the $80 billion dollar new domestic debts that was generated as a result of following IMF order to shut down 16 banks, the corrupts energy and oil contracts with foreign companies robbing Indonesia’s natural resources for so many years….all of those deals were done and executed in SECRECY. Is that the Indonesia’s political culture that we need to maintain? No, Sir! We can do better.

We need to eliminate this little nasty animal, once and for all. How to do it? Do exactly what I do. We need to confront the issue openly and publicly. It is within the spirit and framework of democracy that secrecy must be abolished. It is within this spirit that Indonesian people at large have the right to know and to be informed.

This is also the underlying issue why I decided to form a political party. Unless I have my own political party platform, I will have no leverage to challenge other political party leaders and future Presidential Candidates to address on critical issues facing Indonesia. If I consistently speak up openly and publicly on certain issues on behalf of a political party, they will have no choice but to response those issues. This shall address our main differences and that shall differentiate us from other political parties.

The notion that an open public debate is not Indonesia’s political culture, that this petinggi (pejabat tinggi/government officials) shall not be questioned and challenged his/her ability and knowledge openly and publicly are simply a brain-washed. My respond to this false notion is this. If one does not want to be scrutinized by the public, if one does not want to engage in an open public debate, then do not run for any public office. Any politicians who are keeping government affairs a secret is disservice to the very people he/she represents.

Many Indonesian cultures, social and political engagements were injected by then the colonialists and Javanese kingdomship way of government where the people were given no right to question authority or the King. The king can do no wrong. I still remember these little brain-washed Javanese words: “Junjung Tinggi, Mendem Jero”, meaning that if your leaders are making mistakes, do not embarrass them openly and publicly by confronting their mistakes. We need to bury their mistakes deep, very deep and none shall know about it. But if our leaders are making improvements and progresses in our society, we need to praise them as high as we possibly can.

For family affairs, that can be understood. But for government affairs, that does not work in Democracy. I respect Javanese culture, the Javanese people and they have every right to embrace those cultures in their daily life. Because in Democracy, we are thought to question authority not because we do not trust them, but because it is our duty to establish public oversight to maintain transparency, check and balance.

When the people elect a person to be a President or representative that does not mean that the people yield their sovereignty to that person at the same time. The People, in delegating authority, do not give their public servants the RIGHT to decide what is good for the Indonesian people to know, and what is not good for them to know. The people insist on remaining informed so that they may retain control over the agencies they have created.

Only through this system of check and balance that transparency is established through public oversight. Only through this system of government that the people at large are involved and imbedded in the decision making process. Only through this system of government that the people at large know what is going on in the government affairs. This is where a free media plays its critical role in executing their jobs as the 4^th branch of government. This system of government will eliminate the SECRECY that has been flourishing in Indonesia for so many years resulting in corruption madness.

As I see it today, the issue in Indonesia is just like a messy knot and it is rusted for over 50 years or so. But we don’t have to be confused about it. To untie this messy and rusty knot, we first need to find or identify the end of the string that forms the knot. What is the end of the knot in the messy Democracy in Indonesia?

That is the 3 Branches of Government that are not co-equal and do not work as they are supposed to be and coupled this mess with the absence of a free media to play the 4th role branches of Government. This is the main problem. This needs to be changed and reformed. This was also the reason why President Wahid (Gus Dur) had trouble firing his own cabinet member and dealing with massive legislative power. If a member of cabinet is challenging the commander in Chief’s authority, there is something wrong with the authority itself. I can’t imagine that happening in a democratic government. For any Indonesia’s civilian President to have a grip of power over military and legislative, Indonesia’s president must be given a VETO right and Executive Power to be independent and co-equal with the legislative power branch of Government.

I have also advocated this matter to the Executive and Legislative Branch of Government in Indonesia to look at into this matter and to address it sooner than later. The people at the Executive and members of the legislative branch of government as a whole must understand the scope and the enormity of this issue. This is not about them individually, but it is about system of democratic government that must be understood to make it work. There are some other issues, of course, that need to be addressed. The key issue here is that we must make Indonesia’s Legislative and Executive power to be dispersed, separated, co-equal and co-interdependent.

This is the first step to fix the problems in Indonesia; to untie those messy knots. Those 3 Branches of Government must be reformed first. This reform may not come from those 3 branches of Government themselves, the people in the main street have to rise up and demand such a change!

With all of these debacles, Government of Indonesia is taking an approach to pick and choose in implementing the 11 principles of democracy. Just like being a Muslim who loves to have more than one wife as the benefit of being a Muslim but does not want to fast 30 days as one pillar of Islam; a mandatory act to be called a Muslim. If a Muslim picks and chooses like that, what kind of Muslim that person is?

This is the same thing with Democracy in Indonesia. Having fair and free election alone does not make Indonesia a democratic country. Indonesia shall not emphasize free and fair election but neglecting their citizen from having basic human rights. That is a twisted version of Democracy. That is what I see happening in Indonesia.

On top of that, election in Indonesia is more like business trade where candidates are allowed to buy votes, especially, in the regional and district election level. Is that a new democracy ala Indonesia? This is what I call it as Demo-Crazy if not, Demo-Madness! How in the world stuff like this is allowed to openly and publicly flourish in Indonesian Democracy? This shall be prohibited, period! Plain and simple!

I have advocated KPU and members of Parliament to immediately introduce a new bill to prohibit such a practice. Don’t make Democracy a piece of merchandise. Democracy is not for sale, it does not benefit Indonesian people in the long run. What is the value Rp. 100,000 or 30 Kg rice in lieu of their votes compared to electing a representative who cares and understands about their issues locally?

This is where ongoing improvement can be made in Indonesia to advance democracy there. This shall be also a role of KPU to regulate. KPU, Executive and legislative branch shall work together to introduce a new bill sooner than later to prohibit such a practice across Indonesia because it does not benefit the Indonesian people as a whole in the long run. This old habit of commercializing position needs to be abolished and the way to do it is by introducing a new law to prohibit such a practice and uphold that law to its full extend.

There are plenty qualified people in Indonesia to undertake public sector. They are too smart for that matter in the wrong way. All what we need a system that will guide, limit and direct their public engagement to a point that their movements are limited to do nothing buy to address the interest of the people at large! That is why I am advocating Indonesian politicians to come up with their own “Brown Act Indonesian Version” to guide, limit and restrict those Indonesia’s public officials movement. If Indonesia implements the 11 principle of democracy, protecting minority sect is not an issue. That is why, I am advocating that Indonesia shall not pick and chose in implementing those 11 principles of Democracy.

1965 and 1998 incidents!

The 1965 incident was more of political incident and the 1998 was more of social incident. Both incidents took many lives of innocent people. Military coup can happen anywhere in any country at any given time. One thing that I can recommend is by dispersing the power within the Indonesian arm forces with civilian control over the military, where chain of command is established and dispersed headed by Chief joint of staff. Any public action must be approved by at least three chained commanders, which two of them are Chief joint of staff and the President. That way, there is no single commander that can mobilize their troops to undertake the killing or assassination. If public action is to be taken, at least the Commander in Chief is being well-informed and he is responsible for the result of the action.

There are some options that can be taken to avoid and minimize the 1998 incidents from happening again in the future. Riot, rampage, demonstration and civil commotion can happen anywhere in the world at any given time. What missing in Indonesia is the inability of its local authorities (Police and Military Forces) to curb this massive civil movement, especially, when those civil commotion were targeting ordinary houses or buildings. Why? Because they have no incentive or benefits for taking the risk of getting killed or beaten up by these wackos and sickos.

Democracy can only work at best when its society is governed by the rule of law, and not the rule of man. For that matter, below are some ideas that can be implemented in Indonesia to minimize and curb similar incident from happening in the future:

1st measure: We need to introduce a new bill in the parliament about respecting INDIVIDUAL SOVEREIGNTY, which includes provisions on false arrest, invasion of privacy, battery, assault and trespassing. Individual Sovereignty is in fact the 1st principle of Democracy. The provision will also include the consequences for any police officers and/or local military forces for not taking action against such a violation. Public defender paid by the government shall be established to help limited defendants categorized as very poor people who can not afford to pay the cost of trial.

2nd measure: For highly targeted buildings, properties and individuals, the local police office and local court shall work together to give some individuals a limited permit to bear arm or carry weapons for protection. Perhaps, not to the owner of the building but to those who are given the task of protecting the buildings and those highly target individuals from civil commotion. This measure shall be highly limited, strictly monitored and designed for deterrence purpose against those wackos and sickos from attacking those properties and individuals. A new bill in regard to this matter shall also be introduced in the Parliament.

3rd measure: Sharing the risk between local Government and Insurance Companies. I was proposing that insurance shall be mandated for these highly targeted properties where the premium is split 60% paid to the local government and 30% paid to the Insurance Company to cover human peril such as: riot, demonstration and other civil commotion. In return, all the damages as a result of any civil commotion, the local government will have to pay 60% of it and the Insurance Company will have to pay 30%. This measure will FORCE the local government with its police and military forces to take action against those wackos and sickos from destroying properties and killing innocent people. Otherwise, the local government will have to pay 60% cost of the damages and life. This measure will give those local authorities a reason to act. Hopefully, the local government will use some of those 60% premium to train their police and military forces and also to buy the needed equipments used to confront those wackos and sickos.

These measures will not only deter and minimize the 1998 incident from happening again but will also open up more employment opportunities and revenue for the regional government. The question now is: Who have the interest, the ability and courage to present these measures to the Parliament?

If we; as political party have that opportunity to address that issue in the Parliament, we will certainly address that openly and publicly. This is how we will proceed in our effort to fight for the interest of the people as a whole because we believe that Democracy is about preserving and guarantee individual’s right as a citizen in their pursuit for happiness, liberty and justice for all within a majority rule of governing society that respect minority right with due process and equality under the rule of law, and not the rule of man. All of those things do revolve around stability and wealth.

If you have the same ideology, passion and self-motivation to create a brand new Indonesia, I encourage you to join us. If you disagree and have different perspectives on how to rebuild Indonesia, I respect our disagreements and I encourage you to send us your comments. We will be more than happy to asses your comments and ideas. Thank you.