by M Fadjroel Rachman

Violating constitution and law without being punished, that is the newest practice of the executive, legislative, judicative institution and states commissions. Including violating citizen’s constitutional rights to participate in regional election after the verdict of the Constitutional Court July 23, 2007.

From the President, the Parliament, political parties, until the General Election Commission (KPU) purposefully violated and hindered it. Actually the position of the Constitutional Court is clear and firm, ”To prevent the emptiness of law (rechts-vacuum) before the lawmakers regulate the supporting requirements for individual candidates, the Court considered that the General Election Commission based on Article 8 Paragraph (3) letter a and letter f Act No.22/2007 on the General Election has the authority to make the regulation concerning the mentioned matter in order to arrange and set the operating procedure of Regional Election. In this case, the General Election Commission can use the regulation in Article 68 Paragraph (1) Act on Aceh Government as a reference.”

Antiindividual
Yet, what the General Election Commission has done, rather than carrying out the verdict, Ramlan Surbakti eventually issued a Routing Letter No:649/15/VII/2007 (July 31, 2007) which actually illegal because it only legalized by three remaining member of the General Election Commission: Ramlan Surbakti, Chusnul Mariyah, and Valina Singka. Actually, in every decision making in the General Election Commission according to Article 34 Paragraph 2 of Act No. 22/2007 only legal “is presented by at least 5 (five) members of the General Election Commission proved by attendance list”. The routing letter that violated the law still obeyed without any sanction in carrying out the regional election post Constitutional Court verdict.

President’s authority to issue a Government Regulation in replacement of an act (Perpu) was not taken by Susilo Bambang Yudhoyono because of the “threats” from political parties who only wanted to accept revision, the reason of which was that not many parties involved. The Reality is, the Parliament during the talk of the act has never heard to involve citizens. Simple activity to set the requirement for individuals has become antiindividual activity, by any means to slown down the talk.

Finally the revision of Act No.32/2004 on Regional Government indeed was passed on by the Parliament in April 2008 with the result as it is. What can be noted from the Parliament, the effort to slow down the legalization process by inserting various rugged inisiative such as attaching duty stamp besides Identification Card. The rest is the effort of the Parliament as if talking about the requirements, actually in acclamation they agreed the Government initiative, that is 3-6,5 percent, the made up initiative from political parties are 3-15 percent which can not be supported rationally. It means that, if the Government Regulation agreed earlier, it could be the same with the government proposal, that is 3-6,5 percent.

However, the efforts to inhibit are still going on, after the President and the Parliament agrees that the limited revision is not a perpu, the writer argues in “Metro Today” (Metro TV) with Lukman Hakim Syaifudin, Head of United Development Party that recently had a trial with President. The member of United Development Party also said that, after the revision of the Act No.32/2004, applied on the same day without other regulation. The prove is that, Ramlan Surbakti, who issued the Routing Letter of the General Election Commission which violated the Constitutional Court verdict, stood still (Kompas, 3/4) the next task is to revise the Government Decree No.6/2005 on Election, the Legalization of Appointing and Sacking of Regional Head and Vice, besides the legalization by SBY. He commented that this should go on with the General Election Commission to make the operating procedure and socialization. It means that there would not be any regional election joined by individual candidates in 2008 because the Parliament promise to finish the revision in December 2007 suspended to April 2008. SBY should legalized it immediately, if he does not want to be considered extending the 1945 Constitution violation, impeachment would be the result.

Political Parties Authoritarianism
If public thing that participative democracy is a democratic practice post militaristice regime of Soeharto-New Order, it would be better to hold themselves first because two lines for participative democracy to fill the executive and legislative institutions, (1) political parties line and (2) individual lines, should be inhibitted and violated the hardest even though according to constitution.

The struggle for participative democracy still stumbled in procedural democracy room because in order to be a president or vice candidate, we should amend Article 6 A Paragraph 2 so that it saidi: ”Pair of President and Vice candidate is proposed by a political party or combination of political parties members of general election and individuals before the general election is conducted.” For individuals in legislative level (DPR/DPRD I and II), and the equality of functions and authorities of the Regional Council and the Parliament should also amend Article 22 E and Article 22 D of the 1945 Constitution. All amendment process should face the wall of political parties authoritarianism.

Public is the subject of constitution, and politic is for people’s happiness, said Aristoteles in Nichomacean Ethics. Authoritarianism and totalitarianism are Machiavellian political practices. Sceptical optimism toward the future of the Republic of Indonesia only lies in the level of values, institutions, individuals, and the pratices of democrats who fought gor the constitutional democracy. One of the realization is the individual involvement in regional election, legislative election, also president and vice election. Because only with love to the constitutional verses we build participative democracy, not with authoritarianism/totalitarianism verses.

M Fadjroel Rachman Head of Democracy and Welfarenes Country Study Institution (Pedoman Indonesia) and Head of National Movement for Independent Candidates

Source: HU Kompas / Friday, April 4, 2008
Foto : Documentation of Constitutional Court Public Relation.
Translated by: Yogi Djatnika (MKRI)