Commotion About Open Or Closed Election System

Constitutional law expert Denny Indrayana spread the issue of the Closed Election System. (Antara/Reno Esnir)

JAKARTA – The statement by constitutional law expert Denny Indrayana regarding the information that the Constitutional Court (MK) will decide that the legislative election system returns to a closed proportional system has caused uproar. The Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD asked the police to investigate Denny. Because, according to him, the Constitutional Court's decision could not be leaked before it was read out.

However, Denny considered that there was no leakage of state secrets in the statement he made. The secret of the Constitutional Court's decision is of course in the Constitutional Court. Meanwhile, the information he obtained was not from the Constitutional Court, not from constitutional judges or other elements in the Constitutional Court.

In the statement on May 28, Denny did not clearly state the source of the information he had obtained, he only said, "A person whose credibility I really trust is definitely not a Constitutional Justice."

After all, there were no words about getting leaked, there was only getting information. Even then, it does not use the term 'information from A1' as the phrase used in the Menkopolhukam, Mahfud MD's tweet.

"I need to emphasize this so that there are no redundant steps to carry out investigations within the Constitutional Court, even though the information I got was not from parties at the Constitutional Court," said Denny in a press release on May 30, 2023.

If it is true that the Constitutional Court decides to return to a closed proportional system, voters will only choose the party's logo, not the names or photos of the candidates. (Antara)

Denny considered what he conveyed only as public oversight so that the Constitutional Court would be more careful in deciding this very important and strategic case.

If it is true that the Constitutional Court decides to return to a closed proportional system, then voters will only vote for the party's symbol as in the New Order era elections. The impact could be that it will lead to chaos in election preparations.

Many parties have had to change their lists of legislative candidates. It is also not impossible that many legislative candidates will withdraw because they do not get serial numbers. Because, regarding the figure who serves as a member of the legislature, it is the party mechanism that determines.

"Remember, the Constitutional Court's decision is directly binding and there are no other legal remedies at all. Because of that, the room to keep the Constitutional Court from making decisions carefully, precisely, and wisely is only before the verdict is read out before an open trial of the Court," said Denny.

Plus and Minus

The Indonesian Democratic Party of Struggle (PDIP) is the only party that strongly supports the implementation of a closed proportional system in the 2024 Election. According to the Secretary General of the PDI Perjuangan, Hasto Kristiyanto can reduce political costs and minimize the tendency for entrepreneurs to dominate in the structure of legislative members.

Because it is undeniable, the cost of politics in Indonesia is too high. Not worth the income as an official. In the end, it has an impact on the quality of elected officials.

Representatives of the people, and central and regional officials who are elected with an open system certainly find it difficult to serve for the advancement and welfare of the people. This is because they have been held hostage by the burden of returning their political costs.

Elections are proportionally open, according to Hafid Abbas, Jakarta State University (UNJ) Faculty of Education professor, and political party institutions have been amputated. This is because, even as a participant in the legislative election, what emerges dominant is an individual figure.

As a result, political parties are no longer guided by a vision of idealism, nationalism, ideology, regeneration, dedication and competence in solving the problems faced by the people. That element has been replaced with electoral democracy, pragmatic, short cut and when elected will use its power to return capital.

The 2024 election will be held on February 14, 2024. (Wikipedia)

Hafid Abbas revealed this before the head of the trial Chief Justice of the Constitutional Court Anwar Usman during the trial for further review of Law Number 7 of 2017 concerning Elections on April 12, 2023.

"With such circumstances, political parties are no longer powerless in carrying out their roles, for example preparing the nation's best regeneration, conducting political education for the community in accordance with the scope of their responsibilities, and so on," said Hafid.

In line with the PDI Perjuangan statement that it is ready to open opportunities for academics to become legislative candidates in the 2024 elections. According to Hasto, "We need defense experts, diplomacy experts who fight for Indonesia's national interests in Commission I of the DPR RI, as well as experts in agriculture in Commission IV.”

Another advantage, a closed proportional system helps create a more equitable representation for various groups and allows small parties to get representation.

From the side of the electorate is also not a problem. Then, technically, it made it easier for the Election executive committee because the vote recapitulation process was easier.

Indonesia once implemented a closed proportional system in 1955, 1971, 1977, 1982, 1987, 1992, 1997, and 1999 elections.

Ballots in the 2019 Election which adopt an open system. (Antara/Adeng Bustomi)

Even so, behind these various advantages, many people actually think that a closed proportional system actually revives oligarchy within political parties. Voters also do not have control over the candidates for their representatives who will sit in parliament.

“It is not impossible that later the children of the general chairman of the party, his wife, and other relatives will appear. This is because not all political parties have reformed themselves. It is not appropriate to apply at this time," Al Azhar political observer Ujang Komarudin told VOI on May 30, 2023.

Quoting Syamsuddin Haris' statement in the book "Towards Political Party Reform", "No matter what the system is, as long as political parties do not have integrity standards for politicians and their cadres, don't expect the electoral system to run effectively.

A clear example that is very visible today, not all political parties have a standard regeneration system, in the sense that it is inclusive, periodic, tiered, and continuous. As well as an open, democratic, accountable, and regeneration-based recruitment system.

As a result, election and regional election competition becomes a free market, so that anyone can become an election candidate or election candidate pair as long as they are popular, have sufficient financial capital, and have personal closeness with party leaders.

"Without political party and party system reform, our democracy is nothing more than an electoral democracy that is merely procedural in nature," said Syamsuddin.

It is difficult to find figures who have the vision of protecting the entire Indonesian nation and all of Indonesia's bloodshed, promoting public welfare, educating the nation's life, and participating in carrying out world order based on freedom, eternal peace and social justice.