JAKARTA - PAN reminded the Constitutional Court (MK) to reject the lawsuit against the Judicial Review of Law Number 7 of 2017 concerning General Elections or more specifically regarding closed proportional systems. Deputy General Chairperson of PAN Viva Yoga Mauladi revealed that there are several reasons why the Constitutional Court must reject the lawsuit as the frontline guard for moral democracy in Indonesia.
This is because the closed electoral system will make people only vote on the symbol of political parties participating in the election.
"Regarding the judicial review from the parties of Law Number 7 of 2017 concerning Elections, in particular regarding the proportional electoral system, the open list should become a closed proportional electoral system where only voting the symbol of political parties participating in the election. Without intending to intervene with the Constitutional Court, PAN reminded the Constitutional Court to reject the lawsuit," said Viva in her statement, Tuesday, May 30, was confiscated by Antara. First, he continued, the closed electoral system which only voted for political party image marks would damage the democratic system because it would violate the democratic election principles marked by one person, one vote, one value (OPOVAV).
"The voice of the people is the voice of God (populi vox, vox dei) will not materialize in the closed electoral system," said Viva.
Then, the second is the Constitutional Court's decision Number 22-23/PUU-VI/2008 has established an open list proportional election system based on the most votes. This granted the lawsuit against Article 214 (a, b, c, d) Law Number 10 of 2008 concerning the Election of Members of the DPR, DPD, and DPRD which used a closed list proportional system.
For this reason, PAN reminded the Constitutional Court that once granted the lawsuit to implement an open list proportional electoral system, for the reason that the Constitutional Court's system of legislative member determination based on a limited closed electoral system would lead to violations and conflict with the principles of people's sovereignty guaranteed by the constitution. According to him, the philosophical basis of every election for people to determine the winner is based on the most votes. Therefore, imposing a limited closed electoral system means carrying out the people's voting right to vote according to their choice.
In addition, the closed system has ignored the level of political legitimacy of the elected candidates. This is an excerpt from the ruling of the Constitutional Court Number 22-23/PUU-VI/2008. "In this case, the demands of these parties actually return to a primitive election era, there are no names of legislative candidates based on serial numbers, but only voting on the image of political parties," he said.
He considered that the closed election system was purely unreasonable and historical in nature for the development of democracy if the Constitutional Court granted the lawsuit. Third, if the plaintiff's basis is Article 22 E paragraph 3 of the 1945 Constitution of the Republic of Indonesia, that the election participants to elect members of the DPR RI and members of the DPRD are political parties. Meanwhile, Article 22 E paragraph 6 it is clear that further provisions regarding elections are regulated by law.
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Viva emphasized that the existence of an open proportional electoral system already exists in Law Number 7 of 2017. This regulates that the electoral system should enter the open legal policy realm. For the public, voters, this system can be well accepted because they are used to direct elections, through village head elections (pilkades), regional head elections (pilkada), presidential elections (pilpres) and legislative elections (pileg). "It has been three times that the elections using the most votes are enough for the KPU, Bawaslu and DKPP now to be more resilient, reliable, and strong because they have empirical experience in order to hold better and more quality elections," added Viva.
Not only that, there are several positive things for the development of democracy in Indonesia if the electoral system is proportional to the open list. First, avoiding the dangers of nepotism within political parties.
Empirically, who is close to the leadership will get a small number. Although political parties recruit in a transparent and objective manner, the subjectivity element of the leadership as a policy maker on a certain scale will defeat the objectivity element. Second, the most sound system will not eliminate the sovereignty of political parties. The reason is that the one who recruits, compiles, and registers legislative candidates to the KPU is political parties.
It cannot be individuals, because legislative election participants are political parties. Of course, political parties will measure these legislative levels and understandings of party ideology, mass bases in electoral districts, performance, and so on. If elected, continued Viva, whoever the person is, has been regulated in Law Number 7 of 2017 concerning Elections to be obligatory, obedient and obedient to political party policies. Political parties have the authority or absolute authority to evaluate and change between times if members of the Council are expressive or violate political party policies.
"Every member of the council will definitely speak in accordance with its political party policy. It cannot bring different personal interests to its platform and political party policies," explained Viva. Third, the most voting systems will bring the elected candidates closer to their constituents, because it can be easier to communicate and voice their aspirations and interests to be fought for by members of the Council into state policies and realized in the form of programs in society.
In other words, of course, it will also bring political parties closer to the people they represent in the legislative institutions through elected legislative candidates. This does not interfere at all or degrade the sovereignty of political parties in the democratic system because the elected legislative candidate is nominated by political parties.
"In fact, on the contrary, it will further strengthen the presence and existence of political parties in the midst of society," he said. Fourth, the most voting systems are fairer than the closed election system. Who are the candidates who work harder in the electoral district will certainly get more votes.
Choosing people in elections is one of the important milestones in building people's sovereignty. The people themselves determine who will represent themselves to fight for their aspirations and interests in the legislative body as the people's representative. Fifth, there is no guarantee and academic measure that a purely closed list proportional system will reduce and or eliminate money politics (money politics) over an open list proportional system based on the most votes.
The practice of money politics is not what the electoral system is, but because of the economic difficulties of the people, the people's political awareness in interpreting elections, supervising the implementation of elections by Bawaslu, monitoring institutions, as well as by community participation, as well as enforcing election rules.
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