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Applicant’s Expert who also a politics communication expert Effendi Ghazali delivered his testimony at judicial review on Act of Regional Elections, on Thursday (9/7) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

The existence of independent candidates in regional elections was intended for keeping political parties fairness. It was delivered by politics communication expert Effendi Ghazali as Applicant’s Expert at judicial review on Act Number 8 Year 2015 of Act Amendment Number 1 Year 2015 of the Government Regulation in Lieu of Law Stipulation No. 1 Year 2014 of Governor, Regent, and Mayor Election Enacted to Act (Undang-Undang Nomor 8 Tahun 2015 tentang Perubahan Undang-Undang Nomor 1 Tahun 2015 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang) –later known as Act of Regional Elections (Undang-Undang Pilkada). The session of Case Number 60/PUU-XIII/2015 was held on Thursday (9/7), at Plenary Room, the Constitutional Court Building.

“In order to keep political parties fairness, the mechanism of independent candidates is provided which considered as vaccine for keeping political parties fairness,” explained Effendi at the session led by Deputy Chief Anwar Usman.

He explained, well-democratic states were indeed preferred to ease individual candidates in order to implement simpler political system. “Due to it, besides establishing new political parties, the chance to deliver and implement particular ideology shall be provided freely to independent candidates,” explained him at the session of case filed by Fadjroel Rahman Saut Mangatas Sinaga and Victor Santoso Tandiasa.

Democracy Quality

Meanwhile, Faisal Basri as Applicant’s Expert explained the existence of independent candidates in regional elections was indeed improved democracy quality in Indonesia. Faisal said that he once registered in a political party for his candidacy; however, he was rejected because the party already had other candidate. During his talk with the party, it was revealed that the candidate post would be auctioned if the previous candidate failed.

“Based on previous experiences, it is indeed our democracy didn’t have safety net in the past. If political parties commit abuses, no one could correct it. That is why the independent candidates have noble role,” explained him.

According to Faisal, independent candidates could improve democracy quality because they could find innovative way to campaign themselves to the public. “That would be improved democracy quality,” said him.

On preliminary session of Case Number 60/PUU-XIII/2015, the Applicant argued that they intended to run candidacy through independent way in South Kalimantan regional election. The Applicant argued the requirement of independent candidates as stipulated in Article 41 Act of Regional Elections was discriminative. The discriminative treatment occurred on the determination of percentage amount and divisor amount.

Vote percentage amount which should be achieved by independent candidates was increased 3.5 % from previous regulation which stipulated in Act Number 12 Year 2008 of Act Second Amendment Number 32 Year 2004 of Regional Governance (Undang-Undang No. 12 Tahun 2008 tentang Perubahan Kedua Undang-Undang No. 32 Tahun 2004 tentang Pemerintahan Daerah). (Lulu Anjarsari/Prasetyo Adi N)

 

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