Regarding The 2024 Proportional Election System That Is Closed Or Open, The KPU Is Still Waiting For The Constitutional Court's Decree

Illustration of simultaneous 2024 General Elections (Pemilu) which includes the Presidential Election (Pilpres) and the Legislatig Election (Pileg). (Between)

JAKARTA - The Head of the Technical Division of the General Election Commission (KPU), Idham Holik, ensured that the 2024 General Election would re-implement an open proportional system. Idham responded to the rejection of eight parliamentary political parties (political parties) against the discourse of a closed proportional system being enforced in a five-year democratic party.

Idham said the provisions for the 2024 General Election were still based on Article 168 paragraph (2) of Law Number 7 of 2017. In this provision, he said, the legislative election system in Indonesia is proportional to an open list.

"The norm index of Article 168 paragraph (2) of Law Number 7 of 2017 reads that the election to elect members of the DPR, provincial DPRD, and district/city DPRD is carried out with an open proportional system," said Idham, Monday, January 9.

He explained that the stages of the 2024 General Election were carried out in accordance with the provisions of Article 3 letter d of Law Number 7 of 2017 in conjunction with Article 6 paragraph (3) letter a of the Regulation of the DKPP RI Number 2 of 2017. According to him, legal certainty is one of the principles of holding elections. "The implementation of these principles is imperative in realizing professional election operations," he explained.

Furthermore, said Idham, in the context of the principle of legal certainty in holding elections, the KPU is obliged to carry out any decision of the Constitutional Court (MK). Considering that there is a judicial review lawsuit that has been submitted to the Constitutional Court regarding Law Number 7 of 2017 concerning Elections.

The results of the judicial review will whether to re-impose the people to vote for their own representatives in parliament or only to elect political parties in ballot paper will be decided by the Constitutional Court on January 17. This, continued Idham, is in accordance with the norms in Article 10 paragraph (1) of Law Number 8 of 2011 which reads; "The decision of the Constitutional Court is final, namely that the decision of the Constitutional Court immediately obtains permanent legal force since it was pronounced and no legal action can be taken. The final nature of the decision of the Constitutional Court in this law includes also binding legal forces." Whatever will be material on the decision of the Constitutional Court (MK) later, as the organizer of the election must implement it," said Idham.

Previously, eight parliamentary parties agreed to reject the discourse on a closed proportional system in the 2024 General Election in an event held in South Jakarta on Sunday, January 9.

The eight parties whose flags are on the stage of the event are the Golkar Party, Gerindra, NasDem, PKB, Democrats, PKS, PAN, and PPP. However, regarding the presence of elites or political party officials, only the Gerindra Party did not come. Deputy General Chairperson of NasDem Ahmad Ali asked the KPU not to be involved in the polemic of this electoral system by outlining the interpretation of the election system lawsuit which is currently being submitted to the Constitutional Court. "NasDem hopes that the KPU will consistently implement the law. The KPU should not interpret something that does not yet have a basis. Today our election is being tested, meaning that the KPU must adhere to the existing law," Ali said after the statement of position of 8 political parties in South Jakarta, Sunday, January 8.