KSP Ensures That The Government Will Not Intervene With The Constitutional Court's Decision On The 2024 Election System

Illustration of the 2024 General Election

Deputy IV of the Presidential Staff Office (KSP) Juri Ardiantoro said the government would not interfere with the decision-making process of the Constitutional Court (MK) related to the judicial review of the legislative election system.

"Regarding the circulation of a lot of news regarding the Constitutional Court's decision, from the government side it is clear that it is the domain of the Constitutional Court. So as long as no decision has been issued by the Constitutional Court, everything must stick to what is now in effect that Law No. 7 of 2017 concerning Elections has not changed anything. So we'll just have to wait for the Constitutional Court," said the jury at the Jakarta KSP Office, Monday.

Previously, former Deputy Minister of Law and Human Rights Denny Indrayana claimed to have received information about the Constitutional Court regarding the legislative election system which will return to a closed proportional system or party voting.

"They (MK) will make decisions and considerations on these decisions and of course they are linked to the KPU as election organizers. So we just submit the process of holding the election, the stages of holding the election that have been determined by the KPU and what if later there is a change regarding the electoral system or others, but basically the government will not intervene in the regulation of the election implementation, including in regulating the electoral system," said Juri Ardiantoro.

The former chairman of the KPU said that the alleged leak of the decision submitted by Denny Indrayana also needed a certain investigation.

"Two things, one is about the alleged leak of the Constitutional Court's decision and the verdict itself. Regarding leakage, of course, the Constitutional Court has standards on how to respond to the circulation of information on decisions that have not yet been broken, whether to carry out investigations and then provide certain treatment to the parties who leak, including those who amplify the issue of the leak of the Constitutional Court's decision," said the jury.

As for the verdict itself, the jury again said to wait for the Constitutional Court's official decision.

"The government will be consistent in carrying out what is ordered by the Constitutional Court or the order of the law. The government cannot make assumptions, surely all decisions of the Constitutional Court have been considered what the consequences and impacts will be," said the jury.

On Sunday, May 28, Denny Indrayana via his Twitter account @dennyindranaya said "This morning I received important information. The Constitutional Court will decide that the legislative election will return to a closed proportional system, again choosing the party's image mark."

In his tweet, Denny Indrayana also mentioned the source in the Constitutional Court, but he confirmed that the source was not a constitutional judge.

From the information he received, Denny Indrayana said that the composition of the Constitutional Court judges who would decide the lawsuit was 6:3. This means that six judges of the Constitutional Court stated that they would decide that the election would return to a closed proportional one. Meanwhile, the other three judges remained open, so Denny said that Indonesia would return to the new order (Orba) electoral system, which is authoritarian and corrupt.

The Constitutional Court received a request for judicial review of Article 168 paragraph (2) of Law No. 7 of 2017 concerning General Elections related to an open proportional system registered with case registration number 114/PUU-XX/2022 on November 14, 2022.

The six applicants are Demas Brian Wicaksono (Pemohon I), Yuwono Pintadi (Pemohon II), Fahrurrozi (Pemohon III), Ibnu Rachman Jaya (Permohon IV), Riyanto (Pemohon V), and Nono Marijono (Pemohon VI).

Eight of the nine political party factions in the DPR RI also stated that they rejected the closed proportional electoral system, namely the Golkar, Gerindra, Democrat, NasDem, PAN, PKB, PPP and PKS factions. Only one faction wants a closed proportional election system, namely the PDI Perjuangan.