The Constitutional Court Asks Lawmakers Not To Often Change The Election System

Illustration of the Constitutional Court (MK). (Antanews)

JAKARTA - The Constitutional Court (MK) asks legislators (UU) not to change the prevailing general election system (elections) too often in order to provide certainty to voters and election participants.

"Lawmakers must consider several things, including, not making changes too often," said Deputy Chief Justice of the Constitutional Court Saldi Isra during a hearing reading the verdict at the Constitutional Court Building, Central Jakarta, Thursday, June 15, which was confiscated by Antara.

So, said Saldi, certainty and sustainability of the choice of an electoral system can be realized.

Another thing that must be considered by the legislators if they want to make improvements to the prevailing electoral system is that the possibility to make changes must still be placed in order to improve the current electoral system.

"Especially to cover the weaknesses found in holding general elections," he said.

The third thing is that changes must be made early before the stages of holding the general election begin, so that sufficient time is available to perform simulations before the changes are really effective.

Furthermore, the possibility of change must still maintain a balance and continuity between the role of political parties as stipulated in Article 22E paragraph (3) of the 1945 Constitution and the principle of people's sovereignty, as stated in Article 1 paragraph (2) of the 1945 Constitution.

"Five, if changes are made, will still involve all those who have attention to holding general elections by applying the principle of meaningful public participation," said Saldi Isra.

He made this statement during the trial of reading the verdict of case number 114/PUU-XX/2022 regarding the legislative election system.

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 RI 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 the PDI-P.

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.