JAKARTA - The Constitutional Court (MK) has decided to reject the lawsuit against the general election system (election). Thus, the 2024 Election system continues to use an open proportion.
Responding to this, the Chairman of the Indonesian People's Wave Party (Gelora) Anis Matta, Deputy General Chair Fahri Hamzah, Secretary General Mahfuz Sidik, assessed the Constitutional Court's decision as a milestone in Indonesian democracy.
Anis Matta emphasized that the 2024 General Election has legally used an open proportional system, after previously having a situation of uncertainty, where there is a possibility that elections will become closed.
"Alhamdulillah... Legitimate! The 2024 election continues to use an open proportional system," Anis Matta said in a statement, Thursday, June 15.
According to Anis Matta, the Constitutional Court's decision to maintain an open proportional system in the 2024 election is the result of collaborative work from all Indonesian people.
"This is the fruit of the collaboration of the Indonesian people who want their voices to be represented properly, because the democratic people are an open society," he said.
Fahri Hamzah admitted that he was grateful that 9 constitutional judges finally decided to maintain the proportional electoral system, not closed elections.
"Today we are grateful, that finally our judges understand very well and still understand the essence of our democracy," Fahri Hamzah said in his statement.
According to Fahri, an open system is a necessity that cannot be avoided in democracy. It is even an obligation for democratic people to uphold it.
Because, without openness in choosing a leader, we will not be able to hold the leader accountable more transparently and openly.
"Alhamdulillah...! Democracy won! So today, we celebrate one victory. Today we are grateful for the victory of democracy," he said.
The Deputy Speaker of the House of Representatives for the 2024-2019 Period hopes that the Constitutional Court will not only be a guardian of the constitution (The Guardian of The Constitution), but also a guardian of democracy (The Guardian of Democracy).
"Hopefully the next Constitutional Court can really become not only The Guardian of The Constitution but also The Guardianof Democracy," Fahri asked, a Gelora Party candidate from the NTB I electoral district.
On this occasion, Fahri congratulated the Indonesian people as the owner of the 2024 General Election, that elections remain open, not closed.
"Congratulations to all the people of Indonesia, especially the voters in the upcoming 2024 General Election," said the Deputy Chairperson of the Gelora Party who received serial number 7 in the 2024 General Election.
Meanwhile, Mahfuz Sidik said that the Constitutional Court's decision to regulate this open proportional system was a step forward that would increase public participation.
In addition, it will also encourage political pluralism and provide greater opportunities for small political parties to contribute to the formation of state policies.
Mahfuz assessed that an open proportional system would help create more representative and accountable representatives.
With this system, voters can choose individual candidates that they believe can better represent their interests, not just elect political parties as a whole.
"This will increase the accountability of the people's representatives towards their voters and reduce transactional political practices that often occur in closed proportional systems," said Mahfuz Sidik.
The Gelora Party, said Mahfuz, also highlighted the benefits of an open proportional system in encouraging political parties to communicate more with their constituents.
Candidates who wish to be elected will be encouraged to be closer to the people, understand their aspirations, and design work programs that are more in line with the needs of their constituencies.
"This will strengthen relations between representatives of the people and voters and strengthen the grassroots of democracy in Indonesia," he explained.
Mahfuz Sidik hopes that the Constitutional Court's decision will be a positive momentum for political parties to strengthen their support base by conducting a more focused and in-depth campaign.
He also reminded that the proper implementation of this system will require hard work from all parties, including political parties, the General Election Commission (KPU), and civil society.
He emphasized the importance of maintaining the integrity of general elections and implementing an open proportional system with transparency and justice.
He hopes that the Constitutional Court's decision will become the basis for stronger and more representative democracy in Indonesia, as well as open the door to more dynamic and inclusive political developments.
With this Constitutional Court decision, according to Mahfuz, an open proportional system in the 2024 General Election is expected to bring positive changes in Indonesia's political governance, strengthen public participation, and strengthen the legitimacy of people's representatives.
Previously, the Constitutional Court (MK) in its decision stated that the legislative elections (Pileg) implemented in Indonesia, as far as Law Number 7 of 2017 concerning Elections were not changed, continued to use a proportional system of open candidate lists as has been in effect since 2004.
"Declare to reject the petitioner's application in its entirety," said Chief Justice of the Constitutional Court Anwar Usman accompanied by seven other constitutional judges (minus Wahiduddin Adams), during a hearing reading the verdict at the Constitutional Court Building in Jakarta, Thursday afternoon (15/6/2023).
The Constitutional Court stated that based on considerations for the implications and implementation of the legislative system for the list of open candidates, as well as the original intent and interpretation of the constitution, the arguments of the applicants were not legally justified in all.
It is known that the lawsuit, which is registered with number 114/PPU/XX/2022, is suing a number of articles in the Election Law which rely on Article 168 paragraph (2) concerning the legislative election system proportional to the list of open candidates.
Through the lawsuit, six applicants were Demas Brian Wicaksono, who is a PDI-P cadre, NasDem Party cadre Yuwono Pintadi, Fahrurrozi, Ibnu Rachman Jaya, Riyanto, and Nono Marijono, asking the Constitutional Court to change the electoral system from open proportional to closed proportional.
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As for Article 168 paragraph (2) of Law Number 7 of 2017 it reads, "The election to elect members of the DPR RI, Provincial DPRD, and Regency/City DPRD is carried out with an open proportional system".
The petitioners argue that the proportional electoral system is open to contradict the constitution. This is because Article 18 paragraph (3) and Article 19 of the 1945 Constitution explain that members of the DPR RI and DPRD were elected in elections, where participants were political parties.
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