If Election Postponement Happens, Legal Experts Consider It A Constitutional Disobedience

Indonesian Muslim University Constitutional Law expert Fahri Bachmid/ Photo: Antara

JAKARTA - Constitutional law expert at the Muslim University of Indonesia, Fahri Bachmid, is of the view that postponing the general election (Pemilu) which has an impact on extending the term of office of public officials is not in line with the spirit of the constitution.

"The proposal to postpone the election is constitutional disobedience or disobedience to the constitution," said Fahri Bachmid, quoted from Antara, Sunday, February 27.

Fahri is of the opinion that the proposed postponement of the election is certainly not accommodated and is not recognized in the formulation of constitutional norms. Therefore, this proposal is inconsistent with the constitution and the Election Law itself.

"Thus, the proposal can only be seen as "ius constituendum" or a legal concept that is aspired to, and has not been accommodated in the constitution," he said.

The 1945 Constitution, as the constitution of Indonesia, has regulated the cycle of holding elections in Indonesia every five years. This is a manifestation of the political rights of citizens to elect representatives of the people who sit in the DPR, DPD, and DPRD, as well as elect the President and Vice President.

Doctrinally, Indonesia as a constitutional democracy, of course, places the constitution as the highest basic law, and must be implemented, not debated which in the end gives birth to an attitude of defiance towards the values and norms of the constitution itself, "constitutional disobedience".

"In essence, the 1945 Constitution of the Republic of Indonesia must be guided and implemented by all components of society and state administrators, and on the other hand the constitution must be placed as a reference in finding solutions to state and national problems that arise," he added.

Thus, according to him, based on the constitutional design of the election system in the 1945 Constitution, there is no opportunity or solution to accommodate the discourse on extending the term of public office which is filled based on the election results or looking for a formula for postponing the election.

"Because there is no constitutional institution that is available and created for it," said Fahri.