if($news->) Image

The Constitutional Court has granted individual candidates to go in for in the Regional Election (Pilkada). The Stipulation issued in July 23, 2007 have brought new era in our democratic life.

With the existence of legal ground for individual candidates, the opportunity was open for candidates without political vehicle (party) to participate in the democratic event in many areas. The condition also pushes the government to revise the act on Regional Autonomy No. 32/2004.

Unfortunately, the verdict has produced controversy with potential to disrupt the security and orderliness of the area. In fact, in some areas, there were initiatives to set the rule immediately in the election of the areas; they hoped that the election could be suspended; Like in Bali, holding the election in the next July 9, also in Bandung city holding the election at the end of September 2008.

Individual candidacy is the democratic right for every citizen, moreover with the issuance of The Constitutional Court’s verdict. The attitude shown by the people was a winning people oriented aspiration. Because, political parties at the moment, felt to put forward the oligarchy network that is getting more pragmatic.

A real example of party oligarchy practice can be seen by the parties being the less responsive to the people’s suffering. Besides that, parties also have their orientation in power. Because of that, it is not strange if lately we see a illusive coalition (not permanent) between parties with 100 percent different ideological background. The individual candidacy should have been seen more proportionally.

In this case, individual political ambition should not be put forward as an opportunist spirit, because in legal view, the Constitutional Court’s verdict needs more comprehensive rules until the technical level in practice. Of course to establish the rules we need some thoughts, time, and hardwork so the rule we have made not just a waste of time. We can not reach the democratic maturity instantly.

Everything needs a deep process so that there will not be any weaknesses, or if there is a weakness, the portion should not cause a controversy that could trigger disintegration. Let us call the North Maluku Election that until at this time has not reach a brighter side.
This is what we are sorry about in this reformation order, yesterday it was cursed and now it is used; now it is used and tomorrow it is cursed. For us, of course it becomes an irony; one of them is the concept of the Regional Election itself. Reformation demands the wide autonomy as well as direct Region Head Election.

However, autonomy also results in Regional Government that is not pro to the people. The fact shows that only 5 percent of the Regional Regulations (Perda) in this republic is pro to the poor, the rest (85 percent) is used to push the Regional Original Income (PAD), and the rest (10 percent) is used to legalize the regional assets (Dephukham Report, 2008).
Different opinion was delivered in the all Indonesia Governor meeting facilitated by Lemhanas (National Defence Institution) some time ago. In the meeting, there was an initiative that a Governor had better be appointed directly by the President (deconcentration principlei). Another opinion was delivered by the Head of NU, Hasyim Muzadi, stating that the Regional Election had better be erased, because it was fragile to conflict and spent too much budget.

According to him, the Regional Election fund could be used to help improve the people’s welfare. In seeig the independent candidacy, all the state elements should have the same frame. The most important, the same vision should also be possessed by political parties.
Don’t let the idea to open the widest participation in producing qualified regional leaders, the prerogative right or party’s authoritarianism is still held tight. In other side, we need to be wiser in giving meaning to the Constitutional Court’s verdict, because too soon in producing policy that has a good intention, could potentially divides the people in a conflict circle.

I hope, the optimism in seeing the birth of independent candidates that was expected to bring improvement to the areas, has to be more rational. Finally we do not have to consider what Prof. Jimly Assiddiqie said, when he was appointed as a Constitution Justice in 2002.
He stated that: ”Constitution is the symbol of the rule of law, the rule of constitution. Like it or not, it is not the problem. You may debate to fight for your aspiration, but when it is decided, it becomes the principle, and it binds us.(*)

Arief Hidayat
Student of Governmental Science FISIP UNPAD

Photo courtesy of
Translated by Yogi Djatnika (MKRI)

Monday, April 07, 2008 | 09:43 WIB 269
  • Budi Wibowo Halim (Pemohon) menyampaikan pokok-pokok perbaikan atas permohonan Perkara Nomor 117/PUU-XXI/2023. Foto Humas/Ifa

    Image 1
  • Majelis Sidang Panel yang di ketuai oleh Hakim Konstitusi Enny Nurbaningsih. Foto Humas/Fauzan

    Image 2