Chief Justice Moh. Mahfud MD when opening the colloquium between the Constitutional Court and the Election Commission titled âImproving the Understanding of Constitution and Constitutional Court Procedural Law for Central and Regional Members of the Election Commission, Jakarta.
Jakarta, MKOnline - The Constitutional Court (The Court) and the Election Commission (KPU) were the biological children of the reforms which served as the saviors of democracy from negative elements. This was announced by the Chief Justice of The Court Moh. Mahfud MD as he opened the colloquium between The Court and KPU taking the theme “Improving Understanding of Constitution and The Court Procedural Law for Central and Regional Members of KPU,” Friday (8/4) at Aryaduta Hotel, Jakarta.
“We (The Court and KPU) are the biological chidren of the reform who serve to save the sick democracy in the Old Order. This is an advance in our democracy. But we also experience slowdowns in our democracy. But there are also drawbacks after 12 years of reformation period. For example, the corruption reigning in political institutions, then the Parliament who do not want to listen to people’s voice,” explained Mahfud in front of the Head of KPU Abdul Hafiz Anshary and leaders of Regional KPU throughout Indonesia.
Besides the drawbacks, added Mahfud, democracy in Indonesia also experienced a significant progress; even though the democracy should have entered a consolidation phase and no longer transitional phase. “Since 2006, Indonesia should have entered the consolidation era. It means that this an era to strengthen our commitment that the new rules that was made in the first process would be carried out at most and accepted so that the revision would not destroy the principles in political management process. If we follow the principles said by Huntington, we are late for more than 5 years,” he explained.
Another example of the improvement in democracy, explained Mahfud, was by the record that Indonesia as the third biggest democratic country in the world, following India and the USA. Besides that, according to Mahfud, Indonesia as a country with the highest number of moslem had managed to show that Islam was able to be made compatible with the democratic principle. “For example, there is no religious discrimination in the election. People with whatever religious background can still participate in the election,” he explained
Talking about disputes in regional elections submitted to The Court, Mahfud explained that the performance of Central and Regional KPU had been well. Of the 32 cases granted by The Court, explained Mahfud, only 6 proved the fraudulence from the regional KPU. “Those were due to the KPU was straddled by incumbent of other candidates, for example the suppressed funding for KPU or the KPU was fooled by fake data. Then these are the things that we need to fight against together,” he pointed out.
The Court, explained Mahfud, also found an indication of fraudulence in KPU, namely by disqualifying candidate pairs who actually fulfilled the requirements partially. In facing this case, The Court decided to give a legal standing to the Petitioners. “We (The Court) have asked for permission to Mr. Anshary about this also decided to give a re-election. It’s all for the sake of law, justice, democracy and constitution,” he stated.
Responding to the decision of The Court which trespassed the authority given by the law to The Court, Mahfud explained that The Court could make law, if the existing law was jammed. “There is an opinion that The Court has their own law by opening their own way to justice. But indeed The Court’s decision has a value of a law. As a negative legislator authorized to annul Acts, then The Court’s decision is valueable. It is all because The Court is the interpreter of the constitution. We hold on to the 1945 Constitution as a constitution, if justice cannot be found in the existing law,” concluded Mahfud.
Therefore, Mahfud expected that this event could give deeper information and evaluation to members of the KPU and The Court concerning the general election and regional election.
Meanwhile, Head of KPU Abdul Hafiz Anshary in his speech express his gratitude to The Court for saving KPU and showed that KPU had worked well in organizing regional elections. “Of the 32 cases granted by The Court in 2010, explained Mahfud, only 6 proved the fraudulence from the regional KPU. Therefore, KPU considered The Court as a savior. Had it been KPU who made the decision, people would make claims, but when The Court decides, no one would dare to claim,” he summed up. (Lulu Anjarsari/mh/YDJ)
Friday, April 08, 2011 | 22:24 WIB 272