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Simultaneous regional head elections in Indonesia 2015

Igor Dirgantara

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Indonesia is one of the largest democratic countries in the world. Legislative elections and presidential election 2014 have passed quite well, although there are still many problems in terms of implementation.

Mass media is also one of the freest in the world. The General Election Commission (KPU) is now preparing the implementation of the Regional Head Election simultaneously in the first wave on December 9, 2015, for the regional head and regional deputy head towards the end of the term of service in 2015 and the first half of 2016. Registration of candidates for regional head election in the first wave simultaneously had started on July 26-28, 2015, provided that the candidate promoted by political parties with seat acquisition of 20 percent or 25 percent of valid votes, got a decree from the central leadership of the party, got the management Decree of political parties in Regency, City and the Provincial Level.

This simultaneous election modelis the first time in Indonesia, even in the world. Indonesia should be recorded in the history of world democracy because there will be 269 regions consisting of 9 provinces, 36 cities and 224 regencies simultaneously elect regional heads. That is, about 53 percent of the total 537 number of provinces and regencies / cities in Indonesia that will carry out elections simultaneously at the end of the first wave of 2015 into the ideal design, ie the simultaneous nationwide to choose the House of Representatives, Regional Representatives, the President and Vice President, as well as simultaneously to choose the regional heads and the DPRD at the provincial, regency and city level. After the elections simultaneously in 2015 in 269 regions, there will be followed by a second wave of simultaneous elections in February 2017 in 99 regions, the third wave in June 2018 in the 171 regions. Then another one wave will be implemented simultaneously again until towards the national elections in 2027.

Of course this is not an easy thing to do, because there are a lot of challenges to be faced. Some have suggested that the implementation of simultaneous elections should be postponed for various reasons, including budget issues, human resources, and handling disputes. Financial Supervisory Agency (BPK), for example, has issued a number of recommendations related to audit issues and the preparation of elections simultaneously in 2015 concerning, among others, about the unpreparedness of the budget, the signing of the regional grant agreement, plan budgets, grants account and security costs.

Nevertheless, the president Jokowi ensure the implementation of the first wave of simultaneous elections later remains on schedule, considering the preparations have been riped and in accordance with the stages. The Government and the Commission determined to rectify the deficiencies discovered by the CPC. Therefore, perhaps it is only natural disasters, social conflict, or war which could make simultaneous elections in Indonesia withdrew from the schedule. This paper saw eight crucial problems in the implementation of the first wave of simultaneous elections that will start on December 9, 2015.

1.   High Intensity of Conflicts

The elections simultaneously are heavier than the legislative and presidential elections. Competition of elections at lower levels is prone to security problems. The political dynamics in these areas are more difficult to predict. Because the strength of the local politicians have started immeasurable, both in terms of number of supporters, the distribution of influence, as well as the patronage of the party elite in central power. Approximately 827 pairs of regional leader’s candidates will compete in the first wave of simultaneous elections.

Based on data from the Ministry of Internal Affairs, the losses on recapitulation of the post-election in 2013-2014 at the provincial and regency and city level tend to increasingly high, the number of victims died are 59 people, injured are 230 people, damage to residential houses are 279 units, the damage to local government offices are 30 units, six police office units, and Election Commission (KPU) offices are 10 units, 159 public facilities in disrepair, also 11 offices of political parties, 3 offices of mass media, 25 vehicles, and also 1 shopping stores. Potential conflicts especially in areas that have a conflict-prone maps, such as in Sumatra, Madura, Central Sulawesi, Maluku, East Nusa Tenggara and Papua. Assault incidents of Eid prayer congregation and the burning of mosques in Karubaga, Tolikara, Papua, on July 17, 2015 can be a leasson to anticipate ahead of elections later. So effective coordination between the Central Government, Local Government, Election Commission, the Election Supervisory Body (Bawaslu), police, military, and also the State Intelligence Agency (BIN) is needed.

The main challenge for the holding of simultaneous elections later is to minimize conflicts in its implementation. Conflict pattern occurs mostly among election participants and supporters accompanied by anarchy and destruction of public facilities. Source of conflict is generally from unelected elite or who can not accept the victory of another candidates. Potential conflicts in 2015 elections is very high because it is done in areas involving various parties and only lasted one lap. No elections are devoid of conflict. Not neutrality of the electoral administration in the area is also a source of conflict.

2.   Neutrality of Regional Election Organizers

The regional head office in autonomy era is so attractive in the eyes of search powers for extraordinary authority to manage the full regional head of each region. That position could make a regional head like a little king with great power. Organizing simultaneous elections is the biggest celebration in the reign of President Jokowi, which can create an aura of competition and passion of the candidates to contest.

The organization of elections in the regions are mostly technical work, such as the nomination of candidates, ballot paper making and ballot boxes, sending results of the voting on the national committee, counting, distribution of seats and so on. The existence of the impartial or independent election organizing committee greatly determines the quality of democratic elections. The General Election Commission (KPU) and the Election Supervisory Body (Bawaslu) is the institutions established by the government and given the freedom to organize the stages of the election. From the data of Election Honorary Council (DKPP) until now there are 207 electoral organizers who had been fired. DKPP has received 740 complaints related to codes of conduct of legislative elections and the presidential election in 2014, which contains 3,960 names of election organizers, both of the KPU and Bawaslu at the level of the central, provincial, and district and city.

Election organizers simultaneously in the regions later should be neutral in carrying out each stage of the election, instead of ‘collusion’ with the local bureaucracy or into a successful team of competing candidates of regional heads. Neutrality of the election organizers will make the elections simultaneously be qualified, credible, and avoid conflict. The responsibility of organizing regional elections should be able to increase voter participation and minimize potential fraud that might occur, such as inflation and the reduction of noise, phantom voters, multiple voting, or voters who eliminated their right to vote.

3.   List of Permanent Voters

List of Permanent Voters (DPT) will remain a crucial issue and the object of the dispute. Moreover, polling stations (TPS) are very vulnerable in the intervention, especially in remote areas. The most crucial is the population data that until now have not been able to cover the entire population, especially those living outside the area. Ministry of Internal Affairs has submitted a list of Potential Voters in Elections (DP4) to the Commission which are used as data in arranging voter registration of simultaneous election. The number of voters have been recorded in the Ministry of Internal Affairs until now has reached 102 068 million people. The amount represents the total number of potential voters in the list that will follow the election of 269 Regional Head and Deputy Regional Head on December 9, 2015. Total registered voters exceeded 50 percent of the voters that gives right to vote on the 2014 Presidential Election. Total 269 regions that hold elections have exceeded 50 percent of the total of 514 regions in Indonesia.

Unfortunately, the election system in Indonesia do not consider the mobility of the population that is already very high. Residences are still statically defined. In fact, many people are outside the official address, including overseas, because of jobs and education. Governments need to create the population administration system and Pilkada system that can accommodate the mobility of people who are very varied. There is injustice to the voters in the regional election system. Article 56, paragraph 3 Perppu No. 1/2014 on the election of Governors, Regents, and Mayors, said if voters have more than one residence, the voter must select one residence listed in the voter list based on E-ID Card or certificate of domicile from the village chief. But there is a different treatment if a person wants to run for governor, regent or mayor. The candidates can run in an area that is not domicile. For example, when the election for Governor of Jakarta in 2012, Joko Widodo (Jokowi) was still served as mayor of Solo. Someone is possible to be a candidate for regional head in areas that is not domicile. It means, residential status can be more than one place. However, this flexibility does not apply to voters. Another problem is that not all people have e-ID Card because it is outside the eligible categories such as bums, beggars, migrant workers, domestic workers, and the like. They do not have an e-ID card so they can not involve in the election. It means, not all people have the right to vote because of their poverty. Not to mention also a matter of voters who have died but are still registered as voters, or voters who are registered at two different locations.

4.   Dualism of Management of Political Parties

The General Election Commission (KPU) had to revise Commission Regulation (PKPU) Number 9 of 2015 on the nomination by adding a ‘reconciliation limited’ for the sake of allowing the party who has’ double management, such as the Golkar Party and the United Development Party (PPP) to nominate candidates for regional heads together. In addition the candidate must submit the same pair, the two camps double management of political parties must also file the candidate pairs at the same time. Before the revision, regional head candidates must come from the political parties whose staff are recognized by government or have the Decree of the Minister of Justice and Human Rights (Menkumham). Dualism of leadership in the Golkar and PPP can also cause serious problems for vulnerable civil suit and of interests of each camp. Actually, the laws on political parties does not recognize dual management. While the stages of the elections are still running, the conflict in the body of Golkar and PPP whose legitimacy will be decided later in the court that had the legally enforceable decision (inkracht).

Why did the Commission need to accommodate the participation of Golkar and PPP in the simultaneous elections of 2015? The votes of both parties (Golkar and PPP) reached more than 26.5 million votes in the 2014 election. That is, the two parties accounted for more than 21 percent of valid votes in the election. Achievement of seats from the two parties reach 130 seats. This means exceed the number of seats of the Struggle Indonesian Democratic Party (PDIP) as the winner of the election that is only about 118 seats. At the local level, PPP as a whole has 1,400 seats, while Golkar has about 3,000-seats. Judging from these data, Golkar and PPP are quite significant in political and legal decision-making, at the local level and the central level.

PKPU revision is done not only to facilitate the dualism of leadership in the party of Golkar and PPP alone to participate in the elections, but also to comply with the decision of the Constitutional Court (MK). Thus, the revision also includes rules to permit family of incumbent to advance in the election, and requires that members of the parliament (DPR / DPD / DPRD) resigned their positions when they have been determined as candidates by the Commission. Previously, members of parliament (DPR / DPD / DPRD) are only required to report to the leadership of each institution. Of course this affects the political map of the nomination from all the political parties participating in the elections simultaneously in 2015. Many parliament members who subsequently withdraw as candidates for regional heada, otherwise a lot of the family members from the incumbents, even former inmates come forward to compete in the simultaneous elections next December 9, 2015.

5.   Doll Candidates

Another problem is the possibility if there is only one single candidate in an region. Commission Regulation No. 12 of 2015 set the whole stage of regional elections are stopped and postponed on next simultaneous election in 2017, if there is only a single candidate for the regional head after the extension of registration for 3 days. Steps must be done because the elections are held simultaneously in December 2015. Automatically, if there is one region that stage is only delayed, it will affect the overall implementation. However, the goal of the simultaneous election of regional heads is simultaneously inauguration, so that the end of their services are also simultaneous. There should be no regions that followed, except participate again in 2017. The Commission does not want to wait until the region has additional candidates for regional heads for a limited time. If the elections in an region later have to be ‘put on hold, then the position will be filled by the regional head of the temporary officials, or officers while being taken from staff transfer. There are 15 regions that potentially have only a single candidate in the simultaneous elections in the first wave.

Incumbent candidates are too strong making the whole political parties carry the same pair to run for regional heads. But it could happen in regions with strong incumbent do stratagem in order registering candidates not just one pair, namely by generating candidate pairs for regional head doll (false) as a challenger, could be independent pathway or request some political party that carried them. Legally regulation doll candidate is not problematic in the Commission if it meets the requirements. However, from a political education, it is a setback to democracy.

Single candidate is likely to occur in simultaneous elections later. This is evident from the higher minimum support candidates from political parties to 20 percent of parliament seats, or 25 percent of valid votes of the election results last year. Conditions that make the coalition become more stringent. In addition, individual candidates from independent pathway will also a difficulty become competitor, because of time constraints and the severity of a support condition. Especially against the strong incumbent supported by political parties it is tantamount to wasting the cost.

Until recently, most political parties chose to support a strong candidate to win. In this simultaneous regional election, coalition parties of supporting the government, namely the Superb Indonesian Coalition (KIH) is very liquid with balancing coalition parties of government, or the Red and White Coalition (KMP) in proposing candidates for regional head. However, ‘political dowry’ that is raised each political party is also still looks like the tip of the iceberg that is difficult to remove. Many unscrupulous parties will utilize the elections to gain political dowry from the prospective regional heads. Instead, many pairs as regional head candidates that offer dowry can be able to qualify the support of 20 percent. The issue is initially exists in poor political party cadres and the weak party funding. People can only vote for candidates who submitted it. If the incumbent is qualified and well developed, it deserves to be reelected. The problem is that no quality incumbent but also prepare candidates for a doll that can be defeated in the next election. Prospective doll could be the choice of strategy for winning in the simultaneous elections. It is also the solution to anticipate a strong candidate for the regional head to remain chosen without delaying the implementation of the next elections in 2017. Candidates ‘dolls’ can also appear with the only aim to break down opponents who are considered the dominant voice in an region, especially in the region of three pairs of prospective candidates. But if the elections take place with only one candidate it could be a bad precedent for election implementation in other regions, because there are local leaders who have the power to monopolize the political parties in the regions. There is no choice of candidates, certainly not democratic.

6.   Political Dynasty

The Constitutional Court (MK) removes the restriction clause on prohibition of incumbent family or political dynasty in the election law. According to the Court, the 1945 Constitution gives equal rights to all citizens to use their constitutional rights, namely the right to vote and be elected, including former inmates. The Constitutional Court’s decision could open up a gap of one family control of certain regions, because the political rights of the incumbent relatives in the election is not removed. In 2013 there were as many as 61 regional heads, or 11 percent of all regional heads in Indonesia having kinship political networks or political dynasty. Ironically, from experiences that occur in almost every contestation of the elections that followed by the incumbent, often found the game of local budgets to the needs of the campaign. PNS subordinates that are supposed to apply neutral are often the incumbent winning team. Mobilization and politicization of civil servants are inevitable. The potential for corruption and violations or abuse of power by local bureaucracy increases.

Because the Constitutional Court’s decision is final and binding, then today society need to be given the political aspects of socialization and education in order to more critically assess the regional head candidates who will compete in the simultaneous elections later. However society that has the rights to vote determine how the future of the regional head candidate who comes from a political dynasty. Moreover, the people of Indonesia are still many irrational voters. Gaetano Mosca once wrote in his book “The rulling Class”, that almost in every class or nation will always be a tendency to build a tradition handed down in reality, if not in law. Oligarchy is an inevitable Iron law. And political dynasty in Indonesia is a necessity in a democracy now because it comes from the old oligarchy and patrimonial culture. The emergence of dynastic politics is directly proportional to the unhealthy political competition. Increasingly unfair rules of the game in political contestation, promotes wider political dynasty.

7.   Money Politics

The democratic process in Indonesia raises many opportunities for corruption. Because the democratic process in this country requires a huge cost. Regional election always had negative tendencies, ie transactional politics. In fact as many as 346 regional heads and deputy regional heads tangled legal cases. A total of 11.45 percent of the approximately 500 regencies thick with dynasty politics. In addition, many of the elections results in the past were broken joint between the head and deputy head of the regions. Currently there is no criminal chapter on money politics and the criminal chapter on the political dowry thus causing dirty political practices in the elections.

Simultaneous Regional Election 2015 budget swell to Rp 7 trillion compared to the implementation of the previous elections. There are three factors that influence. First, the inflation factor that can affect the value of the goods in the regions. Secondly, amounting to 65 percent of the total budget for the elections will be used to pay salaries of Voting Committee (PPS), District Election Committee (PPK) and Voting Organizer Group (KPPS). Third, based on Law No. 8 of 2015 on Regional Elections, the local government is obliged to bear almost all participants of the election campaign costs in 2015. Only two types of election campaigns are borne by participants themselves, ie limited campaign and dialogue campaign.

Implementation of the simultaneous election is originally meant to reduce the high cost of politics and money politics turn out to be an illusion. Financing campaign charged to revenue and expenditure budget can actually increase money politics. Regional head candidates would have more funds in view of campaign financing that become the responsibility of Regional Election Commission. By doing so, the candidates will have more funds to carry out the practice of vote-buying. Money politics also can occur when optimizing campaigns at the limited meeting. They can take advantage of unlimited meetings, where money politics is packaged in such a way in the meeting. Simultaneous regional elections in 2015 will be rife of money politics, in addition to political dowry, voters buying, that are also used to bribe electoral administration in the regions.

In addition, the use of campaign funds would also be a vulnerable point for the implementation of simultaneous elections, and misused to improve electability of candidates. Election campaign is more widely used as imaging media, not apply for a work program. Also the ‘game’ between the candidates by state officials still leaves a problem in any election in Indonesia until now. Education and political socialization to voters take lack of decent places. Misappropriation of budgetary funds and state facilities can also occur, such as social grants (Bansos), school operational funds (BOS), and funds from the budget, as well as vehicle or building facilities into a campaign tool.

8.   Violations and Dispute of Election

Elections Supervisory Board (Bawaslu) is not given the authority to execute the offense. Therefore, Bawaslu action is limited to giving recommendations. If the violations are administrative, submitted to the Commission and forwarded to the police. Simultaneous handling of cases of electoral violations this year will refer to the two laws. In addition to using the Law of the Elections, a number of violations will be processed by using the Criminal Code, such as inflate the voices and the problem of money politics. Money politics will be charged under Article 149 of the Criminal Code concerning bribery in elections, under penalty of nine months in prison. Perpetrators of votes are subject to Article 263 of the Criminal Code on forgery penalties of six years in prison. If there is a criminal offense, the police soon take over. For administrative violations, the Provincial Election Supervisory Committee (Panwaslu) directly provide recommendations to the Local Commission. Statements relating to the code of conduct is directly forwarded to DKPP. For disputes between participants and the Commission, the case will be solved alone by the Supervisory Committee.

Another important aspect is the matter of time limits of 45 days (including holidays) for the Constitutional Court (MK) in handling disputes of the election results. The Court will not be able to handle the dispute lawsuit of election results if more than 50 percent of the simultaneous election resulted in the Court, moreover there are 269 elections in the first wave later on December 9, 2015. The assumption, the Court had only 37 minutes to finish the one case. Therefore, it is quite natural that the Court then asks the number of days increased to 60 working days from receipt of the request. It also became one of the driving so that the revision of Law No. 8 of 2011 regarding the Constitutional Court is limited, because the Court has not set the authority in dealing with election disputes. To date the Court only handles election disputes. The Supreme Court (MA) – mandated to adjudicate election disputes in the regional election law – considered not ready to settle the dispute in 2015 simultaneous regional elections, because of its human resources.

Closing

The successful indicators of the simultaneous and massive regional elections in Indonesia later can take place peaceful and relatively free of the various modes of cheating. Credibility of regional election organizers is at stake in the regions, let alone a first test of the simultaneous elections held. Likewise with the Constitutional Court which was given the role of resolving disputes of regional election results, the future should be promoted for a special agency to resolve election disputes outside of the Constitutional Court or the Supreme Court. The government also needs to regulate population administration system that can accommodate a very varied population mobility to be put into list of legitimate voters. Therefore, updating the voters’ data is an absolute necessity.

Conflict, money politics and political dynasty, will still color the implementation of simultaneous regional elections on December 9, 2015 in Indonesia. Corruption Eradication Commission (KPK) has an important task to verify the entire State Officials Wealth Report (LHKPN) registered by the regional head candidates, to be opened and made known to the wider community at large. Public participation is essential to oversee and monitor the regional head candidates, misappropriation of funds related to social assistance and grants for the campaign and capture votes. Neutrality of Civil Servants (PNS) also must be enforced, by prohibiting engage in campaign activities, whether a member or involved in it. Ministry of Administrative and Bureaucratic Reform can open a complaint service about the involvement of civil society in influencing voters and give strict punishment for civil servants who become involved in the election. KPU through an independent auditor should audit all finance of political parties, especially concerning the funding of cadres and outsiders. Bawaslu from central and local levels should optimize their role to take action against the perpetrators of money politics.

In prediction, candidates of independent pathway has also difficulties in this simultaneous election. Due to increasing electability, there are more advantageous for the candidate promoted by political parties. Independent candidates must have a minimum requirement of 80 percent popularity. Moreover, if you look at previous experience, very few candidates were elected as regional heads coming from independent paths. Even if elected, they will also have difficulties when running the government program, because they have to deal with Parliament who comes from political parties. Problems can also arise if there is a candidate who is a cadre of a particular political party, but it was carried forward as a candidate by the other political parties because his own political party to support another candidate. Looking ahead to reform political parties should continue to be done in a comprehensive manner, especially concerning rules, campaigns and financial budget. Law also needs to be changed, do not need a quota of 20 percent of seats, but every political party that has seats in parliament could propose regional head candidates. Or political parties and coalitions of political parties can still register the candidate with the minimum quota of 20 percent of parliament seats, but with a maximum of 50 percent of the seats. Terms of candidates from independent pathway also needs to be alleviated. In addition, the recruitment process of political parties also need to be open and democratic. In the future, the General Election Commission (KPU) should continue to conduct a study for the implementation of electronic elections (e-voting, e-recap, e-counting) and build public confidence (trust) for these technologies. Of course, all have to start first with the integrity and independence of the electoral administration which is currently implementing in the first wave of simultaneous elections on December 9, 2015 later.

Igor Dirgantara is Lecturer at Faculty of Social Politics, University Jayabaya, Jakarta, and Director Survey & Polling Indonesia (SPIN).

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Southeast Asia

Being an idiot student is an option

Kevin Fallo

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“Long live student!” The loud shouts that we always hear when students give speeches in order to convey the aspirations they have accommodated. Students are very synonymous with the terms agent of change, social control, iron stock, moral force or other audible terms intelligent other. Even long before Indonesia’s independence and when Indonesia was still struggling to fight for independence, students were already seen intelligent be it in discussion, mindset, politics, dynamics and so on.

Students also got cooler to hear when the 1998 reforms flared up, one by one the figures or more warmly known as “activists 98” got a proper place in government or in other warm places after entering the reform era. Previously, these 98 activists became heroes in order to uphold justice and voice the real aspirations of the people so that some of them became anti-heroes who broke justice itself after occupying and enjoying the warm seat of government.

Ideally, the role of students is to become a liaison between the community and the government, help translate every government policy to the community, accommodate people’s aspirations to be conveyed to the government, decide untrue news circulating in the community, and help maintain social stability in society. When the role of a student is carried out properly, today’s students can become intelligent.

Know that now students are not all intelligent, even stupid students are born and just die. Even in some big universities, the domination of stupid students is now getting crazy. Students who are not aware of its function, students who are not aware of what it is students and students who only dream of having a GPA that can be sold in the industrial market so they can live safely are symptoms of an idiot student.

These stupid students are not born just like that, some of them even wish they could become good students intelligent but when they saw the situation and condition of the campus that were not like they imagined a feeling of disappointment was born. This disappointment will have an impact on the loss of enthusiasm to become a student intelligent. So that sooner or later they will become completely stupid students.

Everything needs a process

Everything has a process, even instant noodles need to be heated in boiling water and then poured in new spices to be enjoyed. When we don’t see the situation we hope for, please be disappointed, don’t break up there then think about it and start creating the situation we hope for itself. Don’t just be disappointed and keep silent, or waste time waiting for the situation we hope for, because life is also an allowance, don’t waste time, don’t be silent when you lose and don’t be careless when you win, keep going because life needs a continuous process.

Students who took to the streets and gave speeches shouting loudly “Long live students!” It can also be stupid when they go down the road just to be seen, students who are active in organizations can also become stupid when the academic organization on campus is unbalanced. Students who have extraordinary ideas can also become dumb when they are quiet. On the other hand, students can become intelligent when not littering, students can become intelligent when deciding on hoaxes in circulation, students can become intelligent when the organization and campus academic life can run in balance.

The activists nowadays who are busy in politics are already visible intelligent it can also be very silly when people’s interests, justice and truth which have always been upheld are replaced by self-interest and a thirst for power. These are the vices of Satan that we have adopted, namely greed, greed, ungratefulness and treachery. Even though there are still good qualities of Satan that we can imitate, namely the unyielding nature (Satan is known to not give up tempting Adam’s grandchildren to the end of the world) and persistence (Satan is also known to be steadfast in his stance and does not want to submit to Prophet Adam).

To be intelligent doesn’t have to be in politics

The definition is too narrow intelligent if we only link students and politics, students can too intelligent by working according to their respective interests, for example, Turah Parthayana, a student from Bali who is now studying in Russia, has successfully become a YouTuber with content exposing his life as an Indonesian citizen living in Russia, there is also a YouTuber with the same content from Gita Savitri Devi who lives in Germany. , and also with Raditya Dika who exposes life as a student in Australia into novels with comedy spices even though he is no longer a student and focuses on YouTube content with ghost coins in his house, and there are many other examples both as YouTubers, artists, programmers, gamers and so on.

To become a student intelligent it is not difficult nor does it need to start from big things, start from small things that are also able to have an impact and change even though indirectly, start to respect differences, start to be sensitive to social issues and not be very ignorant, start working, start to rise from disappointment and most importantly, never be afraid to start it all, if we don’t dare to start then we will never know how it will turn out.

Return the trust and hope of society to students, return to our functions and roles as students, let’s work and innovate according to our respective interests, be proud of Indonesia in the way we like, don’t waste the sacrifices of fighters who have given up wealth and even family to seize the freedom that we feel today, submit to the truth and fight all injustices in this country. Prove that students are still there, not just a political tool tricked by certain elites. Long live student! Long live Indonesian democracy! Long live the Indonesian people! Long live Indonesian women !.

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France, Germany and the UK note verbale to the UN on the SCS issue

Prof. Pankaj Jha

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Following the enlistment of Chinese companies under sanctions by the US for involvement in SCS for reclamation of islands, there has been increasing pressure on Chinese establishment for course correction. In total, about twenty-four Chinese companies, and their management individuals have been listed under the US sanctions. These 24 companies have been placed in the sanctions list, and the US companies are barred from entering into any trade or investment dealings until unless they have specific permission from the US government. This effectively means that any transfer of technology, software, and associated agreements will be presumed as denied from the US government.

One of the critical companies which will be majorly affected and has been engaged in infrastructure projects such as ports development and highway construction would be China Communications Construction Company(CCCC) which has been involved in more than 80 projects across the world. These sanctions have been complimented with visa denial and restrictions on Chinese individuals who are responsible and are directly involved in the large-scale reclamation, construction, or incremental militarization in the disputed seas. The visa restrictions have been comprehensive, and includes individuals and their immediate families.

Following this US response to the Chinese island reclamation activities, NATO countries such as France and Germany have already outlined their Indo Pacific strategy and have try to take cognizance of the fact that island reclamation and militarization in the South China Sea would be detrimental to their interests in the region. The US sanctions on the Chinese companies would have comprehensive impact as many other nations which would be doing business with this companies would be apprehensive of collateral impact from US, in case they engage these companies in the long term projects in their countries.

Closely following the NATO partner Germany, the UK and France have also made a representation to the UN in the form of a note verbale submitted to the UN on 16th September on the developments in South China Sea. This buttresses the Malaysian representation made to the UN in December 2019 related to the commission on the limits of the continental shelf. This note verbal also reposes faith in the United Nations Convention on the Law of the Seas (UNCLOS) as the framework under which the activities related to the oceans and the seas must be addressed.

The provisions of UNCLOS resonated under the PCA ruling on the issue of Philippines and China dispute related to contested islands in South China Sea. The PCA ruling had adjudicated that the UNCLOS should be the reference for resolving disputes related to maritime zones, territorial seas, and defining the Exclusive Economic Zones (EEZ)of the islands which are uninhabitable. Given the fact that France and the UK are the permanent members of the UN Security Council while Germany is a UNSCaspirant, this note verbalegains significance in the current context. This also reinforces the fact that Indo-pacific would be the epicenter of development in the region and in order to safeguard their interests the European countries cannot ignore intimidating tactics adopted by the China at the sea.

While it is understandable that France has a number of territories in the Indo-Pacific region which comprise more than 80 per cent of its total EEZ but Germany taking an anti-China stance shows shifting priorities. Germany foreign minister during press briefing has expressed that Germany would like to work together with the countries in the Indo Pacific region and would be a participant in the rules based order. The three countries -the UK, France, and Germany are critical in pressurizing China to adapt to the international regulations related to the law of the seas and must acknowledge that freedom of navigation, overflight, and the right of innocent passage are the legitimate rights of the littoral countries as well as extra regional powers which have trade and commercial interests in the region. The US has not acceded to the UNCLOS but the three countries have acceded to it. It is also seen as the fact that the US is trying to galvanize NATO countries in support of its initiatives and military deployments in the South China Sea. The three countries also have extensive business and trade interest in the region, and have trade relations with Korea, Japan and Taiwan. Therefore, increasing tensions in the South China Sea would increase their freight costs as well as insurance costs.  This would make their exports expensive and would affect the market dynamics.

The increasing resistance to Chinese assertive activities started in in December 2019 when Malaysia made a representation to the UN about the extended continental shelf. This has been supported by identical representations and statements made by littoral countries of South China Sea which included Vietnam, the Philippines, Indonesia and even a public statement by Brunei. The US also made a strong rejoinder to the case and extended support on major issues that have been highlighted by the various countries include the issue of baselines, the low tide elevations of the rocks, islets and uninhabitable islands, and the issue of Chinese concocted history which is in contravention to the established international order.

In response to these submissions made by the three European countries, China has stated that it treats the UNCLOS as an established order but abhors its use as a political tool. Citing reservations to the UNCLOS, it has stated that it does not cover everything related to the maritime order. Citing paragraph 8 of the UNCLOS it has stated that “matters not regulated by this convention continue to be governed by the rules and principles of general international law”. This clearly means that China wants to derive new meaning which suits its own interests and reclamation activities in the South China Sea. The UNCLOS has made it very categorical that parties which have acceded to UNCLOS must comprehensively and correctly interpret the rule of the law of the seas. In its representation China has stressed that it has a long history, and the Chinese governments under different leaders have expressed their sovereign rights on the islands in the South China Sea. In the submission China has completely castigated the PCA ruling of July 2016, and stated that the sovereign rights of China on those disputed islands cannot be prejudiced by the illegal awards made under any arbitration or ruling .The biggest irony in the statement is the fact that it believes that UNCLOS  is not effective neither implementable in the context  of South China Sea but China claims that territorial baselines related to the islands and rocks are in conformity to the provisions of UNCLOS; clearly showing the dichotomy between  conditional acceptance and comprehensive selective utility.

The long response that China has made with regard to submission by the three European countries clearly highlights the fact that China is under pressure to accept legal provisions and maintain law and order at the sea. In the letter in response to these representations, China has made it very clear that it is making sincere efforts through friendly consultations with the ASEAN countries. The representation made by UK, Germany and France has brought about an international dimension to the whole issue. In total the number of countries which have raised objections to China’s reclamation activities have increased to more than 10 countries which have been seen as regional powers and have clout in the UN.

This also empowers Vietnam which is the current chair of ASEAN to undertake wide-ranging discussions on the topic during the summit meetings and in a way coerce China to undertake effective course correction measures. The hyperactivity which China has shown with regard to Taiwan, and military exercises in the South China Sea, have brought about international attention and raised serious concerns with regard to the developments in the region. The US exercises has been matched by China with undertaking surveillance sorties, scrambling of advanced fighter jets and infringing on EEZ of littoral countries. Therefore, it requires effective countermeasures as well as international condemnation of the Chinese activities. One can very well understand the fact that with China being at the receiving end of the international criticism in the wake of the coronavirus and subsequent domestic dissent shows that China would try to rake up hyper nationalism so as to protect President Xi from stigma. However, with majority of UNSC members expressing dissent the pathways for China are going to get tough in future.

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Southeast Asia

Uncreative Teachers: Online Learning Is Ineffective

Kevin Fallo

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Inevitably, Indonesia has to apply online learning (in the network) during the Covid-19 pandemic, this aims to anticipate the spread of the Covid-19 virus itself. However, there are still many problems in its implementation.

The problems found during online learning come from students, educators, and even the system itself. This causes the existing curriculum targets not to be achieved.

Curriculum

Based on the Decree of the Minister of Education and Culture of the Republic of Indonesia Number 719 / P / 2020 concerning Guidelines for Implementing Curriculum in Education Units in Special Conditions which was signed on August 4, 2020, it has the objective of providing flexibility for educational units to determine the curriculum according to the needs of students. However, it was reported from news.detik.com that the Minister of Education did not oblige to follow this emergency curriculum and provided 3 options, namely:

  1. Keep referring to the national curriculum
  2. Using an emergency curriculum
  3. To simplify the curriculum independently

Judging from the current situation, it is very difficult to follow and pursue the curriculum targets that are commonly used, therefore the next option is a very good option to run in the current online learning period. A simplification that does not make students stressed and can still focus on taking online learning.

Home Atmosphere & Student Psychology

Each student has a situation that is not the same as each other at home, different when students are in the same class, uniting them in one room and many individuals so that some problems at home can be forgotten for a moment and focus on learning.

In the classroom the teacher can pay attention to the psychology of each student and can apply special attention when one of the students experiences “problems” in the learning process. However, it is not fair if in online learning students are given the same demands while the teacher does not know how the psychology of each student is at his home.

Limited Access

One other big problem is the limited internet access, this can be affected by the internet network, internet quota, smartphone or other hardware. As a teacher, of course this kind of thing has been considered and made a more flexible learning policy, of course.

In practice, there are still teachers who do not understand this problem. Demanding students to be able to work on assignments in a matter of hours, this certainly makes students get pressure to be able to catch up on time within limitations.

Within these limitations it can cause negative attitudes to students, for example, such as students asking their parents to force their parents to buy quotas without understanding the economic conditions of the family, or students who even experience pressure due to inability in several matters related to online learning.

In this case, the teacher should give a long enough period of time for an assignment, giving time for students to meet the needs of access to online learning so that they can take part in this online teaching and learning process.

Creativity

Not only students are required to be creative in online learning, but teachers should also be creative in online learning to create a fun learning atmosphere.

Many cases occur in online learning so that it seems that the teacher is only limited to giving assignments at each meeting. Not without reason, this opinion was born in the community during the online learning period because generally that is the reality that happened in learning during the pandemic.

Teachers can use and take advantage of technology without having qualified skills in the technology field. The most important thing is the willingness and awareness to learn, unless the teacher doesn’t want to learn anymore. The existing limitations can be communicated by fellow teachers to create a creative breakthrough that can support this online learning.

There are many examples of the use of technology that can be used by teachers, one of which is the podcast through this media, students can listen to the teacher’s explanation anytime and anywhere, and of course listening to audio through podcasts is more efficient in using internet data.

To find out the understanding of the material in students, students can also repeat the material in their own style and then upload it into podcast media again. This does not only train students ‘understanding but also learners’ skills. Or teachers can use other means and methods to be able to teach in online learning.

Another example could be using an animaker, a website that creates simple animations that can be created to support learning to be more interesting. With animation media, of course this is more interesting than the powerpoints that are commonly used, especially during this learning period, powerpoints are generally distributed to students without further explanation.

Furthermore, there are many small problems that we see in the implementation of this online learning, one of which is the teacher who asks students to use whatsapp profile photos using personal photos, because previously the profile photos of students used photos of Korean idols. This can be used by the teacher to get closer to students and support learning by connecting learning with Korean idols.For example: In learning Indonesian, the teacher can ask students to make stories by including Korean idols as the main character.

The widespread use of Youtube, Tiktok, Instagram and other social media as a means of entertainment should be used by teachers to create creative learning. It is unfortunate if during this online learning period the teacher cannot create creative things which are of course useful for achieving the learning target itself. Rigid learning methods combined with heavy learning demands are a time bomb for students to be able to damage the psychology of the students themselves.

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