In its formulation, the Amended 1945 Constitution had a concept that President and Vice President to be elected alongside with the Legislative Election. One of the actor behind the amendment of the 1945 Constitution, Slamet Effendi Yusuf, stated this in the trial for the review of Act No. 42/2004 about Presidential Election (Act on Presidential Election) at the Constitutional Court (The Court), Wednesday (28/1).
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âWhen we look at the word general election within the articles about presidential election, what it means by general election is a general election as regulated in Article 22E paragraph (2) of the 1945 Constitution, that is to elect members of the House of Representatives, City Council, Regional Houses of Representatives, also President and Vice President,âââ¬Ã explained Slamet. He told that in the process of formulating the amendment of the 1945 Constitution, his side described that there would be five boxes containing votes for members of the Parliament, members of the City Council, President and Vice President, Provincial Parliament, and Regency/City Parliament.
Slamet s information was supported by Gregorius Seto Harianto, who was also former actor of the amendment of the 1945 Constitution. According to Seto, the 1945 Constitution did not differentiate presidential election with general election. âââ¬ÃÂSo, our vision at that time was when political parties or combination of parties participating in the election proposed a presidential candidate, they became one package. Therefore, there would not be any worries about the difference in the programs because the presidentâââ‰â¢s program would also the partiesâââ‰â¢, and vice versa,âââ¬Ã described Seto.
Related to the effort to build a system, Seto explained that when a candidate previously supported by a political party with less than 50 percent votes, then other parties made a coallition to support one of the strongest candidates. âââ¬ÃÂSo, it would be clear that one was over 50 percent, and the other was less than 50. that was also created a strong checks and balances system because the elected president and vice president was supported by one power,âââ¬Ã explained Seto.
Seto s argument at the same time also negated the argument from the Government s experts about the difficulties to establish a stabile government with a President lacking supports from the Parliament. For example, the opinion of Dr. Kacung Marijan saying that the reason why his side put a requirement of 20 percent and 25 percent in Article 9 of the Act on Presidential Election was to guarantee the effective policy which was difficult to be realized when a president got a minor support from the Parliament. The same thing was also said by another expert from the Government, Prof. Dr. Zudan Arif Fakrulloh, who reminded that a president s strategic policy needed a support from the Parliament.
Independent Candidates
Related to the possibility to include independent candidates, experts from the Petitioners, Bima Arya Ph.D, cited the opinion from President s Expert Staff, Denny Indrayana, who said that up to the moment the amendment of the 1945 Constitution had weaknesses. The 1945 Constitution opened up the possibility of monopoly by political parties in proposing a presidential candidate. âââ¬ÃÂThe recommendation from Deny Indrayana at that time was independent presidential candidates had to be given an opportunity to take part in the candidacy. So, monopoly by political parties on proposing an independent presidential candidate has to be ended, because this is essential in upholding participative democracy,âââ¬Ã concluded Bima.
Responding to this argument, The Parliament s Legal Counsel, Ferry Mursyidan Baldan, said that he personally agreed to the idea of independent candidacy. Yet, he reminded that the 1945 Constitution clearly avoided the possibility. âââ¬Ã
âIndependent candidacy is not against the law, but that is not in the Constitution. The solution is, change the Constitution through another amendment,âââ¬Ã concluded Ferry. (Kencana Suluh Hikmah)
Photo: Doc. of CCRI PR/Wiwik BW
Translated by Yogi Djatnika / CCRI
Monday, February 02, 2009 | 10:38 WIB 240