The Discourse On The 2024 Proportional Election System Is Closed, PAN: The Constitutional Court Decree Is Final, How Come It Wants To Change?

JAKARTA - Chairman of the DPP PAN Saleh Partaonan Daulay responded to the discourse on implementing a closed proportional system in the 2024 General Election. It was the Chairman of the KPU Hasyim Asy'ari who previously threw the discourse in the middle of the lawsuit Article 168 Paragraph (2) of Law Number 7 of 2017 concerning Elections at the Constitutional Court (MK).

Saleh emphasized that since 2008 the electoral system used has been an open proportional system. He explained that the system was implemented as a form of obedience to the Constitutional Court's decision on December 23, 2008 which stated that articles 214 letters a, b, c, d, and e do not have binding legal force.

That way, he said, the Constitutional Court stated that the electoral system used was the most voting system.

"The Constitutional Court's decision is correct. The proof is that it has been used repeatedly in our elections. At least in the 2009, 2014, and 2019 elections," Saleh said in his statement, Friday, December 30.

So far, Saleh continued, the open electoral system has not encountered any obstacles. Even the community received it well. "The political participation of members of the community is also high. Because, with that system, anyone has the opportunity to win. Not only do they occupy the top number," he continued.

The chairman of the DPR PAN faction also asked the Constitutional Court to be careful in deciding the case for the use of the 2024 election system.

As is known, currently the process related to a closed proportional lawsuit is ongoing at the Constitutional Court. The Constitutional Court is testing Article 168 (2) of Law 7/2017 which regulates voting by selecting candidates for legislative members or an open proportional system.

Saleh hopes that the Constitutional Court can stand tall and fair in adjudicating the case.

"There should not be any suspicion that the Constitutional Court tends not to act fairly because it prefers one system over the other," said Saleh.

Saleh then reminded when the Constitutional Justice, Arsyad Sanusi, read out the considerations at the assembly on December 23, 2008, that the system for determining legislative members based on serial numbers was contrary to the principles of people's sovereignty guaranteed by the constitution.

This is a violation of people's sovereignty. This is because the will of the people who are drawn from their choice is not heeded in determining legislative members. In fact, said Saleh, at that time Arsyad said that the philosophical basis of every election for people to determine the winner was based on the most votes. According to him, imposing a serial number system means imposing the people's voting right to vote according to his choice. In addition, this system has also ignored the level of political legitimacy of elected candidates.

"The article was clearly stated in the court's legal considerations at that time. Of course it would be very strange, if such good and rational arguments were defeated. Moreover, the Constitutional Court's decision was final and binding," said Saleh. Saleh also suspected that there were other interests if the rules that had tied him up suddenly approached the implementation of the 2024 General Election.

"If it's final, it's binding, it's practiced, how come you still want to change it? It seems that someone has a big agenda in testing the election system article," he concluded. Previously, KPU chairman Hasyim Asy'ari explained about the possibility of the Pileg being carried out proportionally closed in the 2024 General Election. According to him, the option was due to a lawsuit to the Constitutional Court to reuse a closed proportional application. "There is a request for judicial review or a lawsuit against the norm of the open proposal system into a closed system, I think you can attend the trial at the Constitutional Court or information on the Constitutional Court website," said Hasyim at the KPU RI Office, Menteng, Central Jakarta, Thursday, December 29.

Hasyim admitted that he did not suggest a closed proportional, but only reminded political parties and others to prepare mentally if at any time there was a change in the system.

"Political parties or party activists or anyone else, for example, those who want to run must follow these developments, so that they are mentally ready, so that psychologically ready to face change, if there is a change," he said.

"For example, if now there are people, let's say they want to relax, right, calling themselves, Hasyim Asy'ari, a candidate for DPR party member and post-district from this electoral district, for example, my question is, where can I know that he is now a legislative candidate? Just not yet register at the KPU," continued Hasyim.