Regarding The President's Support For Presidential Candidates, Yusril Bela Jokowi: Consequences Of The Presidential System And 2 Periods Of Rules

Professor of constitutional law Yusril Ihza Mahendra at Bareskrim Polri, Monday 15 January. (Rizky A-VOI).

JAKARTA Professor of constitutional law Yusril Ihza Mahendra said the Election Law does not prohibit the president from participating in election campaigns. The same regulation also does not prohibit heads of state from taking sides or support for one of the pairs of presidential candidates.

Article 280 of the Election Law specifically states that among state officials prohibited from campaigning are the chairmen and Supreme Court judges; chairmen and judges of the Constitutional Court; as well as the chairman and members of the Supreme Audit Agency. He emphasized that there is no mention of a president and vice president (wapres) or a minister in it.

Meanwhile, Article 281 requires state officials who participate in campaigning are prohibited from using state facilities or they must take leave outside of dependents. However, the law does not abolish the rules regarding security and health for the president or vice president who campaigns.

"What about the partiality? Yes, if the president is allowed to campaign, automatically the president is allowed to divide certain presidential candidates, or certain political parties. The campaign people are not on the side," said Yusril, quoted Thursday, January 25.

"Our rules do not state that the president must be neutral, must not campaign and must not take sides. This is a consequence of our presidential system, which does not recognize the separation between the Head of State and the Head of Government, and the position of president and vice president for a maximum of two terms as regulated by the 1945 Constitution," he continued.

The former Minister of Law and Human Rights for the 2001-2004 period stated that if the president should not take sides, then the presidential office should be limited to only one term. If anyone wants the president to be neutral, Yusril invites the party to propose a constitutional change.

"That (so that the president is neutral) requires amendments to the 1945 Constitution. Likewise, the Election Law must be amended, if the president and vice president cannot campaign and take sides. The current rules are not like that, then President Joko Widodo is not wrong if he says the president may campaign and take sides," he said.

Yusril emphasized that there is nothing wrong with President Jokowi if he sided with one of the candidates for the 2024 presidential election. He continued, the first thing that must be underlined is the difference between the norm of ethics and the code of conduct.

"If ethically interpreted as a fundamental norm that guides human behavior whose norm position is above legal norms, it is a matter of philosophy, which should be discussed when formulating the Election Law," he said.

"But if it is ethical to be interpreted as a code of conduct in a profession or position, then the norms must be formulated on the orders of the law such as the code of ethics of advocates, medicines, judges, civil servants and so on. The problem is, until now the code of conduct of president and vice president (forbidden campaigns or sides) does not exist yet," continued Yusril.

On that basis, Yusril questioned the ethical indicator addressed to Jokowi.

"If someone talks ethically and unethical, they generally speak according to their own size. In fact, people who are less polite or less polite are considered unethical. Moreover, it is brought to political issues, ethical issues are unethical, instead related to their respective political interests," said Yusril.