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Legislative elections were conducted simultaneously with the election of President and Vice President is considered in line with the constitution. In fact, the original intent of the amendments to the 1945 Constitution, the election was held simultaneously meant, except the election of regional heads.

It was, as revealed by Slamet Effendy Yusuf in his statement delivered in court Case No. 14/PUU-XI/2013 subject of Article 3, paragraph (5), Article 9. Article 12 paragraph (1), paragraph (2), Article 14 paragraph (2), and Article 112 of Act 42 of 2008 on the General Election of President and Vice President, Thursday (14/3) at the Plenary Court. During the event, Slamet who has been also agents of change of 1945 Constitution was presented by Petitioner Effendi Ghazali.

According to Slamet, when the General Election discussion related provisions in the amendment of the 1945 Constitution, the members of the Assembly at the time the majority view that the implementation of the legislative elections and the President / Vice President, executed together. He termed the election to elect "five squares", the first box is the House of Representatives, Regional Representatives Council in the second box, the third box the President and Vice President, the fourth box Provincial People’s Representative Council, and the fifth box is the District / City.

"Initially, a team of experts proposes to unite the selection of regional leaders, but rejected by some members at that time. Since it is considered that the area included in the regime," said Slamet.

This was further supported by expert presented by Petitioner, Irman Putra Sidin. According to Irman, the election so far is not simultaneously has no constitutional basis anymore. Because, slowly but surely been destructed constitutional rights of citizens. "So, there’s no reason to conserve the election with no simultaneous models," he said.

Therefore, he suggested it was time to do purification of the constitution in the election in this country. The point is to do the election refining the model into line with the needs and conditions of the community. One way to do a redesign of the model of the election is not simultaneously be simultaneous.

However, he insists that does not mean that if the election was deemed unconstitutional simultaneous, automatic election results has been the unconstitutional. Because according to him, this is more to the development needs of the nation. At least the view was taken after an evaluation of the election during this two less positive impact.

Applicants other experts, Didik Supriyanto and Hamdi Muluk, had similar views. They looked at each other in a presidential system adopted by Indonesia, the implementation of the presidential election should be held simultaneously with the legislative elections. For, if the presidential election made after the legislative elections then it contradicts the presidential system should strengthen the position of President. In fact the opposite is happening now, which political party representation in parliament determines the nomination of President and Vice President.

In addition, Didik concluded simultaneous elections will bring more effectiveness and efficiency, both in terms of voters, political parties, and public finance. "Implementation will separate waste of funds," he said.

Conventions and Constitutional Mandate

At the same time there were also of the House of Representatives and the Government to respond to the petition. Parliament represented by Yahdil Abdi Harahap. The government was represented by Director of the Litigation Ministry of Justice and Human Rights Mualimin Abdi.

Basically, says Yahdil Harahap, the House held that the election was simultaneously as practice for a constitutional convention has been in force long time and in accordance with the constitution. "The experience and habits can become law. Past experience is the presidential election held after the legislative elections," he said.

Moreover, he said, the president appointed by the Assembly, whose members include members of the DPR and DPD. Therefore, the Assembly must first elect than the President and Vice President.

"Thus, Article 3, paragraph (5) of Act 42/2008 is constitutional, not at all contrary to the 1945 Constitution. Because of it Article 9, Article 12 paragraph (1), paragraph (2), Article 14 paragraph (2), and Article 112 as the continued provision of the Articles shall mutatis mutandis not conflict with the 1945 Constitution," he said.

Mualimin Abdi conveyed essentially no government elections simultaneously assess compliance with the constitutional mandate. In addition, Election in this model also realizes presidential system supported by strength in parliament. Therefore, the candidate nominated by a political party occupying the parliament through elections that have been made earlier than the presidential election.

After listening to the views of the parties, Plenary Judges chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD then ordered both to the applicant, the Government, and the Parliament, to submit a written conclusion to the Constitutional Court on Tuesday (19/3) at 15:00 pm. For the next hearing will be held to read the decision. (Dodi / mh)

 

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