Democracy originated more than 2,400 years ago in ancient Greece. The essential or real meaning of democracy derives from two Greek words demos and kratos. Demos means the common people and kratos means rule. Thus, democracy essentially means the rule of the common people[1].
According to Beetham, the core meaning of democracy is straightforward and it encompasses “a mode of decision- making about collectively binding rules and policies over which the people exercise control (Beetham 1992; 40).
According to Kaldor and Vejvoda, Democracy consist of formal/procedur and substantive democracy. Formal democracy is a set of rules, procedures and institution. Subtantive democracy is a process that has to be continually reproduced, a way of regulating power relation in such a way as to maximize the opportinities for individual to influence the condition in which they live, to participate in and influence debates about the key decision which affect society (Kaldor and Vejvoda)[2]. Thus Substantive democracy focuses on the distribution of power and, by impilcation, understands democratization as power redistribution.
Definition above, legitimacy of democracy is people. Which one Government make a policy based on public participation and for common people by bottom up approach no make a policy and decision merely by elite. Government such as President as a leader in a country, ideally to apply and use power to give welfare for all people.
Comparison of Myanmar Democracy with Democracy Style of Soeharto’s Regime Based on Constitution
According to Constitution of the Republic of the Union of Myanmar in 2008. In Article 74 said:
The Pyidaungsu Hluttaw comprises of the following two Hluttaw :
(a) in accord with the provisions of Section 109, the Pyithu Hluttaw formed with Hluttaw representatives elected on the basis of township as well as population and Hluttaw representatives being the Defence Services Personnel nominated by the Commander-in-Chief of the Defence Services;
(b) in accord with the provisions of Section 141, the Amyotha Hluttaw formed with Hluttaw representatives elected in equal numbers from Regions and States and Hluttaw representatives being the Defence Services Personnel nominated by the Commander-in-Chief of the Defence Services.
From above article The The Pyidaungsu Hluttaw is meaning national-level bicameral legislature of Myanmar (officially known as the Republic of the Union of Myanmar) established by the 2008 National Constitution .
The Pyidaungsu Hluttaw is made up of two houses, the Amyotha Hluttaw (House of Nationalities), a 224-seat upper house as well as the Pyithu Hluttaw, a 440-seat lower house (House of Representatives). So, the legislative in myanmar comprises the Amyotha Hluttaw and the Pyithu Hluttaw.
Legislative of myanmar representatives from basis of township or regions and Defence Service Personnel nominated by Commander in Chief of Defence Services. Myanmar Legislative Assembly based on township or region, were chosen by conducting general election every four year.
The Pyithu Hluttaw is the lower house of the Pyidaungsu Hluttaw, with seats accorded to each of the 330 townships in the country. Of the 440 seats in this body, 330 are directly elected and 110 are military appointees nominated by the Commander-in-Chief of the Defence Services.
The Pyithu Hluttaw is the lower house of the Pyidaungsu Hluttaw, with seats accorded to each of the 330 townships in the country. Of the 440 seats in this body, 330 are directly elected and 110 are military appointees nominated by the Commander-in-Chief of the Defence Services.
That is why, the function of legislatif under control of Juncta Military. They have strong power to determine policy making by parliament in myanmar. As a consequence is lack of public participation for policy making in parliament.
Dual Function of Myanmar Army (Tatmadaw)
Military gained Seat of House of Representative without election is 25% which appointment by Commander-in-Chief of the Defence Services for the Amyotha Hluttaw and the Pyithu Hluttaw. Military in Myanmar, they have strong power to controll everything by executive, judicative and legislative. Military have dual function such as 1) Role of defence and 2) role of social.
Myanmar Army has been powerful in myanmar. We can look at Myanmar Constitution of Chapter 11 Article 410 to declare on State of Emergency in Myanmar by the National Defence and Security Council. Which decision to declare emergency state must be coordinated with army. The other thing, how strong power of myanmar army look at article 201 of Myanmar Constitution on Formation of The National Defence and Security Council with the following persons are the president, Vice President, Vice President, Speaker of Pyithu Hluttaw (Parliament), Speaker of the Amyotha Hluttaw (Parliament), Commander in Chief of Defence Services and Deputy Commander in Chief of Defence Service. It's interesting, mostly chair person of official Government from former army. That is why Myanmar Army gain strong power. Certainly every rule or law in myanmar must be suitable and support power of myanmar army. The rule of law in myanmar based on the aim of army. We can say people sovereignty in myanmar is impossible.
We can take one for example is student protesting on the national education law in myanmar. The students are protesting because the national education Law Draft has submitted to parliament is abolishing academic freedom in myanmar, where all academic policies will be controlled by the government, where the government office is dominated by the military or ex-military. Finally, Some students of myanmar was protesting by demonstrations in March 2015, myanmar police has been arresting and imprison Some of student activists who was protested[3]. That is why, every myanmar law must be appropriate based on myanmar military interest
HOW SOEHARTO REGIME TO MAINTAIN POWER
Manipulation of General Election.
Soeharto as a President of Indonesia started in 1966 -1998. Soeharto's regime was known with the name of the new order. Soeharto Regime fell down in 1998. Which Soeharto resignation as a President of Indonesia because a lot of public pressure by demonstration and occupied National parliament office. this situation cause unstable situation of indonesia.
Back Look at during time Soeharto Regime applied and maintain his reign by existing constitution of indonesia on section Legislature. In Indonesia General Election First Started in 1971. The political party of Soeharto's Regime is Golkar Party. Golkar Party as a winner for General Election First and the triumph was repeated for the next general election in 1977, 1982, 1987, 1992, and then 1997. During Soeharto Regime, he has made policies to protected and supported of Golkar Party for wins each General Election by Policy of Civil Servant monoloyalitas . Impact of this policies, every civil servant must be chosen Golkar Party and then Golkar Party Gained majority seat of Member Parliament, Finally the member of parliament Chose Soeharto as a President of Indonesia. Because During Soeharto Regime, The President Chosen by Member of Parliament.
Opposition of Political Party in Indonesia could not have able to oppose Soeharto’s Regime by general election. We can see Last Election for Reign of New Order, which Rulling Political Party Party were Golkar Party Gained 74.51%. They got 325 seat of member of parliament and Oppostion Political Party sucah as United Development Party (PPP) gained 27 seat of member of parliament and Indonesia Democratic Party (PDI) gained 11 Seats of member of parliament.
That is why during Soeharto's Regime in Indonesia, the parliament of indonesia under control of soeharto. every Policy by parliament used to strengthen his power. So that during the Soeharto's Regime all controlled by Soeharto through the military.
Dual Function of Military (ABRI)
One of the ways of Soeharto to maintain his power in Indonesia by Dual Function of Military. The Soeharto gave a good space for military. It’s means Military has role for defence and social. ABRI’s Dual Function. During Soeharto Regime, Military as a tools of Soeharto to reign his power to create the political stability in Indonesia.
The Armed Force, in indonesia language is Angkatan Bersenjata Republik Indonesia (ABRI). ABRI gained Seat of House of Representative without election which appointment by Soeharto. Total of the House of Representative (parliament) are 460 seats. They are 360 Seat of House of Representative by election and 100 Seats of House of Representative from ABRI without Election.
That is why, Soeharto’s Regime easy keep power in Indonesia. which everything in Indonesia control by ABRI. They destroyed each group, like prodemocracy activist and other communities. If the People of Indonesia critized Soeharto’s Regime, so Soeharto’s Regime was using ABRI to destroyed each other people was critized soeharto’s regime. Thereby ABRI is a tool for Soeharto’s Regime to maintain his power. Then during Soeharto’s Regime, ABRI has gotten great victories.
Developing of Myanmar Democracy like Style Democracy Of Soeharto’s Regime in Indonesia. Soeharto is a former of President of Indonesia. He is an authoritarian regime. which Army gives strong power by constitution and other law to controll everything in civilian life for all aspect and defence aspect. During Soeharto’s Regime, Indonesa didnt have freedom expression and also freedom for press. It’s fundamental of principle of democracy to controll government. This time, the country myanmar is running a democracy system like style democracy of soeharto’s regime of indonesia.
The Meaning of democracy is the rule of the common people which people souvereignty. That is why Democracy Style of myanmar must be changed with reduce power of Army especially role of social like army can be joined for member of parliament. We start from amendment of myanmar constitution to abolish dual function of military. Military is just role of Defence no for social role and also revamp check and balance system between executive, legislative and judicative to control power, because power tends to corrupt need good controll system. The last thing is very important for myanmar is The people of myanmar must be subject for strengthen and increase quality of democracy and to make up Democracy as a tool to make strong public participation, not to strengthen the power of military.
[1] See Papers of Daniel Tetteh
Osabu-Kle, Carleton University on Democracy and Its Practice: A General Theory
of Democratic Relativity. Page 1.
[2]
See, Jean Grugel and Matthew Lousi Bishop. 2014. Democratization; A Critical
Introduction. Palgrave Macmillan.
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