Politics of the 1945 Constitution:Democratization and Its Impact on Political Institutions in Indonesia

Introduction : Before 1998, no one could think about the amendment of the 1945 Constitution. The 1945 Constitution was a product of nationalist who had hard fought for independence from the Dutch colonization. This historical background made it the symbol of independence of the Indonesian nation. Thus, it has been considered as forbidden to touch contents of the 1945 Constitution whereas political leaders have legitimized their authoritarian rulership by utilizing a symbolic character of the Constitution. With the largest political turmoil since its independence, that is, a breakdown of authoritarian regime and democratic transformation in 1998-1999, however, a myth of the "sacred and inviolable" constitution has disappeared. A new theme has then aroused: how can the 1945 Constitution be adapted for a new democratic regime in Indonesia? 　　　The Indonesian modern state has applied the 1945 Constitution as the basic law since its independence in 1945, except for around 10 years in the 1950s. In the period of independence struggle, contrary to the constitutional provision that a kind of presidential system is employed, a cabinet responsible for the Central National Committee was installed. Politics under this institution was in practice a parliamentary system of government. After the Dutch transferred sovereignty to Indonesia in 1949, West European constitutionalism and party politics under a parliamentary system was fully adopted with the introduction of two new constitutions: the 1949 Constitution of Federal Republic of Indonesia and the 1950 Provisional Constitution of Republic of Indonesia. Since a return from the 1950 Constitution to the 1945 Constitution was decided with the Presidential Decree in 1959, the 1945 Constitution had supported two authoritarian regimes of Soekarno's "Guided Democracy" and Soeharto's "New Order" as a legal base. When the 32-year Soeharto's government fell down and democratization started in 1998, the 1945 Constitution was not replaced with a new one, as seen in many other democratizing countries, but successively reformed to adapt itself to a new democratic regime. In the result of four constitutional amendments in 1999-2002, political institutions in Indonesia are experiencing a transformation from an authoritative structure, in which the executive branch monopolized power along with incompetent legislative and judicial branches, to a modern democratic structure, in which the legislative branch can maintain predominance over the executive. However, as observed that President Abdurrahman Wahid, the first president ever elected democratically in Indonesian history, was impeached after one and a half years in office, democratic politics under a new political institution has never been stable. 　　　Under the 1945 Constitution, how did authoritarian regimes maintain stability? Why can a democratic regime not achieve its stability? What did the two constitutional amendments in the process of democratization change? In the first place, how did the political institutions stipulated by the 1945 Constitution come out? Through answering the above questions, this chapter intends to survey the historical continuity and change of political institutions in Indonesia along with the 1945 Constitutions and to analyze impact of regime transformation on political institutions. First, we examine political institutions stipulated by the original 1945 Constitution as well as historical and philosophical origins of the constitution. Second, we search constitutional foundations in the 1945 Constitution that made it possible for Soekarno and Soeharto to establish and maintain authoritarian regimes. Third, we examine contents of constitutional amendments in the process of democratization since 1998. Fourth, we analyze new political dynamics caused by constitutional changes, looking at the impeachment process of President Abdurrahman Wahid. Finally, we consider tasks faced by Indonesia that seeks to establish a stable democracy.

The stakes of politics and electoral administration : a comparative study of Southeast Asian democracies

Elections play a crucial role in political stability in post-democratization, and electoral administrations are the key to the electoral process. However, not all newly democratized countries have established reliable electoral administration. New democracies in Southeast Asia, such as the Philippines, Indonesia and Thailand, have independent election commissions which have different characteristics, especially in terms of neutrality. Based on three cases, this paper claims that the stakes of politics are the major determinant of the variations in neutrality. The high stakes of politics in Thailand brought about the partisan election commission, while the low stakes in Indonesia made the electoral system relatively neutral. Like Thailand, the high stakes of politics in the Philippines also cause political intervention in the electoral administration.

The electoral success of the Svoboda Party - the consequences for Ukrainian politics. OSW Commentary No. 97, 2012-11-26

The All-Ukrainian Association ‘Svoboda’ scored an unexpected success in the parliamentary elections, winning support from over 10% of the voters and entering the select group of Ukrainian parliamentary parties which operate at a national level. Svoboda’s manifesto is nationalist and anti-liberal, in both economic and political aspects. It is in fact the anti-liberal component of this party’s manifesto which it can thank for achieving such a big electoral success. The faction formed by Svoboda’s 37 representatives in the Verkhovna Rada (Ukrainian parliament) will have a small impact on legislative work, but their activity may add further to the brutalisation of parliamentary life. Furthermore, Svoboda will attempt to make other opposition groupings adopt a more radical approach, which may trigger the disintegration of the United Opposition Baktivshchyna. A new wave of public protests is likely to emerge in Ukraine in the coming months. Therefore, it can be expected that Svoboda will make efforts to join in or even incite them, in order to promote its social and nationalist messages. This may contribute to increasing the popularity of nationalist ideas and to a further radicalisation of sentiments in Ukraine.

The Politics of Budget Consolidation in Britain and Germany: the Impact of Blame-Avoidance Opportunities. CES Germany & Europe Working Papers, No. 05.2, 2005

According to parts of the literature, blame avoidance opportunities, i.e. the necessity and applicability of blame avoidance strategies, may differ among countries according to the respective institutional set-ups and between governing parties according to their programmatic orientation. In countries with many veto actors, a strategy of "Institutional Cooperation" among these actors is expected to diffuse blame sufficiently to render other blame avoidance strategies obsolete. In contrast, governments in Westminster democracies should resort to the more unilateral strategies of presentation, policy design and timing. At the same time, parties of the left are expected to have an easier time implementing spending cuts while right parties are less vulnerable when proposing tax increases. Evidence from the politics of budget consolidation in Britain and Germany does not corroborate these hypotheses. Instead, it seems that party competition conditions the effects institutions and the partisan complexion of governments have on the politics of blame avoidance.

Historic Michigan : land of the Great Lakes; its life, resources, industries, people, politics, government, wars, institutions, achievements, the press, schools and churches, legendary and prehistoric lore.

"Selected ... from the publications of the Michigan Pioneer and Historical Society and the Michigan Historical Commission."

Mixed-Member Electoral Systems in Constitutional Context : Taiwan, Japan, and Beyond /

After the electoral reform in 1994, Japan saw a gradual evolution from a multi-party system toward a two-party system over the course of five House of Representatives election cycles. In contrast, after Taiwan’s constitutional amendment in 2005, a two-party system emerged in the first post-reform legislative election in 2008. Critically, however, Taiwan’s president is directly elected while Japan’s prime minister is indirectly elected. The contributors conclude that the higher the payoffs of holding the executive office and the greater degree of cross-district coordination required to win it, the stronger the incentives for elites to form and stay in the major parties. In such a context, a country will move rapidly toward a two-party system. In Part II, the contributors apply this theoretical logic to other countries with mixed-member systems to demonstrate its generality. They find the effect of executive competition on legislative electoral rules in countries as disparate as Thailand, the Philippines, New Zealand, Bolivia, and Russia. The findings presented in this book have important implications for political reform. Often, reformers are motivated by high hopes of solving some political problems and enhancing the quality of democracy. But, as this group of scholars demonstrates, electoral reform alone is not a panacea. Whether and to what extent it achieves the advocated goals depends not only on the specification of new electoral rules per se but also on the political context—and especially the constitutional framework—within which such rules are embedded.

The politics of the new Germany

The Politics of the New Germany takes a new approach to understanding politics in the post-unification Federal Republic. Assuming only elementary knowledge, it focuses on debates and issues in order to help students understand both the workings of Germany's key institutions and some of the key policy challenges facing German politicians. Written in a straightforward style by four experts, each of the chapters draws on a rich variety of real-world examples. Packed with boxed summaries of key points, a guide to further reading and a range of seminar questions for discussion at the end of each chapter, this book highlights both the challenges and opportunities facing policy-makers in such areas as foreign affairs, economic policy, immigration, identity politics and institutional reforms. The book also takes a bird's-eye view of the big debates that define German politics over time, regardless of which party happens to be in power. It pinpoints three key themes that have characterised German politics over the last sixty years; reconciliation, consensus and transformation. Table of Contents: Introduction 1. Germany and the Burden of History 2. Germany’s Post-War Development, 1945-1989 3. Towards German Unity? 4. A Blockaded System of Government? 5. The Party System and Electoral Behaviour: The Path to Stable Instability? 6. Economic Management: The End of the German Model? 7. Citizenship and Demographics: A Country of Immigration? 8. The Reform of the Welfare State? 9. Germany and the European Union: A European Germany or a German Europe? 10. Foreign and Security Policy: A New Role for the Twenty-First Century? 11. Conclusion

The politics of exclusion:institutions and immigration policy in contemporary Germany

Immigration is one of the most sensitive issues of modern European politics. Nowhere is this more the case than in Germany, as a result of its history and the sheer scale of immigration it has experienced since 1945. Yet despite this background, Germany's immigration, residence and citizenship policy has been more restrictive when compared to that of many other countries; indeed, official policy long maintained that Germany was not a 'country of immigration'. But why has this been the case? The politics of exclusion provides a new analytical perspective on immigration in Germany, tracing the country's immigration and citizenship policy since the Second World War. The book argues that institutional politics are central to understanding why Germany's policy structures have experienced only incremental change over the past 20 years, and have remained comparatively restrictive. With its lively and accessible style, the book will appeal to advanced scholars and students of immigration and Germany.

Ballots for Equality: An Approach to the Radical Tradition in U.S. Electoral Politics

Posing radical challenges to structural inequality is the defining quality of the Left. What role electoral politics might play in such processes is a dilemma of radical politics, the contours of which vary by historical and national contexts. For the U.S. Left there is a distinctive aspect of the dilemma directly related to the failure of a "Left" party of even the most moderate social democratic type to take root, creating a seemingly never ending debate over the value if any of "third party" progressive organizing. This debate is current, as illustrated by three divergent approaches; independent left electoral politics (Socialist Alternative), organizing within the less conservative of the dominant parties (Progressive Democrats of America), and a social movement focus outside the electoral process (Occupy Movement). The present day examples of alternative Left strategies noted here in passing are but three of many such specific organizational options for progressive politics. This article does not seek to advocate for any one of these options to the exclusion of the others but rather seeks to provide historical perspective.

The impact of political and economic crisis on the polarization of the Spanish media

In this paper the characteristics of the cyclical political polarization of the Spanish media system are defined. From this study, a prospective analysis raises doubts about this scenario remains unchanged because of the political and economic crisis. It seeks to define the role played by political and media actors in polarization focusing on the two legislatures where the tension reached higher levels (1993-1996 and 2004-2008) and compares it with the developments faced by them in the current economical and political context of crisis. To achieve these aims, it has been performed an analysis of media content (since 1993) and looked through primary sociological sources and the scientific literature about polarization. This is an exploratory, critical and descriptive case analysis.

A Better Place to Be: Republicanism as an Alternative to the Authoritarianism-Democracy Dichotomy

ABSTRACT Title of Dissertation: A BETTER PLACE TO BE: REPUBLICANISM AS AN ALTENATIVE TO THE AUTHORITARIANISM-DEMOCRACY DICHOTOMY Christopher Ronald Binetti, Doctor of Philosophy, and 2016 Dissertation directed by: Dr. Charled Frederick Alford, Department of Government and Politics In this dissertation, I argue that in modern or ancient regimes, the simple dichotomy between democracies and autocracies/dictatorships is both factually wrong and problematic for policy purposes. It is factually wrong because regimes between the two opposite regime types exist and it is problematic because the either/or dichotomy leads to extreme thinking in terms of nation-building in places like Afghanistan. In planning for Afghanistan, the argument is that either we can quickly nation-build it into a liberal democracy or else we must leave it in the hands of a despotic dictator. This is a false choice created by both a faulty categorization of regime types and most importantly, a failure to understand history. History shows us that the republic is a regime type that defies the authoritarian-democracy dichotomy. A republic by my definition is a non-dominating regime, characterized by a (relative) lack of domination by any one interest group or actor, mostly non-violent competition for power among various interest groups/factions, the ability of factions/interest groups/individual actors to continue to legitimately play the political game even after electoral or issue-area defeat and some measure of effectiveness. Thus, a republic is a system of government that has institutions, laws, norms, attitudes, and beliefs that minimize the violation of the rule of law and monopolization of power by one individual or group as much as possible. These norms, laws, attitudes, and beliefs ae essential to the republican system in that they make those institutions that check and balance power work. My four cases are Assyria, Persia, Venice and Florence. Assyria and Persia are ancient regimes, the first was a republic and then became the frightening opposite of a republic, while the latter was a good republic for a long time, but had effectiveness issues towards the end. Venice is a classical example of a medieval or early modern republic, which was very inspirational to Madison and others in building republican America. Florence is the example of a medieval republic that fell to despotism, as immortalized by Machiavelli’s writings. In all of these examples, I test certain alternative hypotheses as well as my own.