3 - Rubber Stamp? The Role of the Parliament during the Last Year of the Presidency of Suharto

Summary

The first parliament assessed in this study resulted from the general elections in June 1997 and was the sixth legislature in the authoritarian Orde Baru regime. During the authoritarian rule of President Suharto, the Constitution of 1945 remained the legal foundation for the state' institutions. Because of its unclear formulations and the dominant role of the president, it was very suitable for an authoritarian regime. The poorly developed system of checks and balances can be seen in the clauses concerning the national parliament, the DPR (Articles 19–22). As the regulations were so completely insufficient, it is worth listing them:

Article 19 (1) The composition of the parliament shall be prescribed by law. (2) The parliament shall meet at least once a year.

Article 20 (1) Every law shall require the approval of the parliament. (2) Should a bill not obtain the approval of the parliament, the bill shall not be resubmitted during the same session of the parliament.

Article 21 (1) Members of the parliament have the right to submit a bill. (2) Should such a bill not obtain the sanction of the president notwithstanding the approval of the parliament, the bill shall not be resubmitted during the same session of the parliament.

Article 22 (1) In the event of a compelling emergency, the President has the right to issue government regulations in lieu of laws. (2) Such regulations shall have the consent of the parliament during its subsequent session. (3) Where the approval of the parliament is not obtained, the government regulations shall be revoked.

Source: Stockmann (2004, p. 256)

The Constitution of 1945 did not mention elections, but simply stated in Article 19 that the composition of the DPR should be determined by law. During Orde Baru, an election law was passed in 1969 and amended in 1975, 1980 and 1985.

The general elections of 1997 were the last in the Orde Baru, and they had much in common with the previous in 1971, 1977, 1982, 1987 and 1992. They all had the same proportional electoral system and the three participating parties had remained the same since 1977. Elections, usually taken to be a hallmark of democracy, can also become a tool of authoritarian power holders seeking to legitimize their rule (Schedler 2002, p. 36). This description fits all elections of the Orde Baru perfectly.