In Order To Give A Deterrent Effect, The Constitutional Court Proposes To Disband Political Parties That Allow Money Political Practices

JAKARTA - The Constitutional Court (MK) said that political parties (political parties) that were proven to allow the practice of money politics could be used as a reason for the government to apply for the disbandment of political parties.

Deputy Chief Justice of the Constitutional Court, Saldi Isra, said the sentence was a deterrent effect for political parties that perpetuate money politics or money politics. This was conveyed in a hearing reading the verdict at the Constitutional Court building, Central Jakarta, Thursday 15 June.

"In fact, for the deterrent effect, political parties that are proven to allow the development of money politics can be used as an excuse by the Government to apply for the disbandment of the political party concerned," he said.

This statement is a consideration of the Constitutional Court when responding to the petitioner's argument regarding the open proportional electoral system which is prone to causing money politics.

Saldi Isra emphasized that the practice of money politics has the potential to occur in all general election systems. The step to create a deterrent effect is one of the concrete steps that can be taken to minimize the occurrence of money politics practices.

Another step is that political parties and candidates for members of the DPR/DPRD must improve and increase their commitment to stay away from and even not use money politics at every stage of holding elections.

In addition, Saldi Isra also views the importance of public awareness and political education not to accept and tolerate the practice of money politics.

"Because it clearly damages the principles of democratic general election," said Saldi.

He added that increasing public awareness is not only the responsibility of the government and the state, as well as election organizers.

However, it is the collective responsibility of political parties, civil society and voters.

"This attitude is actually an affirmation of the Court, that the practice of money politics cannot be justified at all," said Saldi Isra.

Previously, the Constitutional Court had received a request for a judicial review of Article 168 paragraph (2) of the Election Law 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 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 PDIP.

The Constitutional Court also stated that it rejected the petitioners' petition, so that the open proportional election system would still apply.

"Reject the petitioners in its entirety," said Chief Justice of the Constitutional Court Anwar Usman when reading the verdict at the Constitutional Court building, Central Jakarta, Thursday, June 15.