Nearly Hijacked Pilkada Democracy

Photo Illustration By Andry Winarko (VOI)

JAKARTA - This week the Indonesian people have been made up and down the turbulence of their emotions with political spectacles in the country. Recently, the Indonesian public was made happy with the Constitutional Court Decision No. 60/2024 which gave the party the opportunity to carry candidates to regions that were originally unable because the threshold requirement was lowered. As well as the decision of 70/2024 which stipulates the age of a candidate for governor is at least 30 years old and a candidate for regent/mayor at least 25 years old is calculated when determining.

The decision made many people feel happy because of the opening of a choice of more regional head candidates for election voters. The previous rule for parties to be limited to carrying candidates is a party or coalition of parties that have 20 percent seats. So that only the fat KIM plus coalition has mastered the nomination of the elections, so that the voters are presented with limited candidates and many candidates who want to run are hindered, as well as creating elections with empty boxes.

The Constitutional Court's decision No. 60/2024 and the decision of 70/2024 is also considered to be a breath of fresh air for the recovery of democracy in the country. Because the Constitutional Court has lowered the threshold threshold lower than before, in addition to the increasing number of candidates participating in the regional elections, it also avoids the emergence of empty boxes in a number of regions. The public also provides opportunities for more election candidates.

The incident also marked the recovery of the Constitutional Court as the guardian of the constitution, after the 90/PUU-XXI/2023 decision case which was suspected to be used as a way for the President's Eldest Son, Gibran to become vice president. The Constitutional Court has made efforts to improve the Institution after its big name was tarnished by the decision. The Constitutional Court is considered to have returned to be an Institution that can be expected to be a place to seek public justice. However, the joy of the community did not last long. Suddenly we were surprised by the disobedience action of a number of members of the DPR, they said they rejected the Constitutional Court's decision. They stated that they would not follow the Constitutional Court's decision. They will revise the Pilkada Law with another agenda, an agenda supported by the government. So that the public calls this an attempt to oppose the constitution. The Legislation Council (Baleg) of the People's Representative Council which conducted the discussion actually sought an alibi with another legal basis, not implementing the Constitutional Court's decision, instead looking for that provision in the decision of the Supreme Court (MA).

The attitude of the DPR, which did not comply with the Constitutional Court's decision, actually became a ridicule from the public, and raised public anger and annoyance. The non-compliance of the DPR is considered an institution that does not comply with the law. The public believes that disobedience is an effort to give way for Kaesang to progress in Central Java.

Revisions that should adopt the Constitutional Court's decision. Some understand why the DPR rejected the decision, because it did not want to relinquish its dominance of power. The parties in the DPR have been controlled by KIM and now KIM Plus, who has conspired to regulate the politics of the country. The decision of the Constitutional Court 60 and 70 seems to have destroyed the previous structure, so that as strong as a member of the DPR, except for the PDIP faction that is not included in, tries to disobey the Constitutional Court's decision.

Kissed Intentions Behind Constitutional Disobedience

This attitude and trick is considered as disobedience. Disobedience began with a letter from the government asking to immediately revise the Pilkada Law, their pretext was that the proposal was submitted last August, and is now responding to the results of the new Constitutional Court's decision. But the discussion took place very quickly, in less than 7 hours the Legislation Body made a decision, and Baleg will immediately convene for the plenary ratification.

These ideas are increasingly open to the occurrence of a number of events, including the excessive deployment of security to oversee the proceedings of the revision of the Law and the efforts to fill out the PDIP Faction in the discussion. "The public also saw, "If I'm not mistaken, why is it necessary to have excessive escort, by deploying Brimob it is even more convincing that there is a certain agenda," said Bivitri Susanti, an observer of constitutional law, in the Controversy Dialogue.

This is what the people of the DPR see trying to outsmart the Constitutional Court's decision, thus making many people angry. Civilian society, community activists, students went down to the streets and started demonstrations k of the DPR. Even though for the past few days many people have called for the Garuda Biru Emergency Warning action, which gives a sign that democracy is currently continuing to hijack in the country. The call spread to various cities. So that the next day students, workers and civil society leaders took to the streets, not only in Jakarta but in many big cities in Indonesia

Even though everyone knows that the institution authorized to make corrections to the law is the Constitutional Court. According to the Member of the Advisory Council of Needdem, Titi Anggraini, the Constitutional Court's decision is final and binding and applicable immediately or "merga omnes", meaning that it is binding and obeyed by anyone. "If the DPR obeys. It has an impact on the loss of co-tussianity and has an impact on the legitimacy of the election results," he said in a private video broadcast, August 21.

A number of academics, civil society organizations also visited the MKMK to express support for the Constitutional Court's break which restores a sense of public justice and states that it rejects the rareness of the DPR who wants to give the Constitutional Court's decision. The action was supported by civil force actions and student elements in various regions from Surabaya, Yogya, Padang and Jakarta, reminding the events of the 89th action of reforms.

Seeing the growing pressure and pressure from the Deputy Speaker of the Indonesian House of Representatives, Zuhmi Dasco finally stated that he canceled the revision of the Pilkada Law. However, it seems that the government and party elite's desire to revise the election law for the following year. Even according to the public Bivitri, don't be happy because from the information he obtained even though the DPR has canceled the revision, the DPR will use the way to use the KPU through the revision of the PKPU rules it has issued. Because in that regulation they will consult with the DPR.

"We know that KPU people are elected and enter through the DPR. We also know that so far the KPU has served the DPR more," said Bivitri. So it does not come through revisions in the DPR, but the elite will use PKPU in the KPU to pass the original plan, including those that scored Kaesang can advance with the regulation in the PKPU

So it is not yet safe for public pressure to want democracy to take place. Because at any time an elite period has the opportunity to change the Pilkada Law with its original position. Even though there is a Constitutional Court decision that has been determined by the Constitutional Court, they may not include the contents of the provisions that have been decided by the Constitutional Court, because there is a spirit of desire that is different from the formulation of the Constitutional Court. There will be another attempt to smuggle articles that will benefit them more.

Maybe realizing that there was such a strong mass resistance, and the conversation still insisted on fighting the Constitutional Court, it could be bad for Prabowo's newly started government. They rushed to fix it. Including answering the suspicions of the public who had smelled their other plans. Commission II of the DPR ratified the PKPU No. 8 of 2024 concerning the nomination of regional heads containing the decision of the Constitutional Court (MK). The ratification was carried out in a hearing between the Minister of Law Supratman Andi Agtas, KPU, DKPP on Sunday morning, August 25.

In a statement by the Chairman of Commission II of the DPR RI, Ahmad Doli Kurnia stated that to avoid sak wasangka, the public suspicion of Commission II of the DPR has ratified this PKPU with the contents of the decisions of the Constitutional Court No. 60 and No. 70 as it is complete.