Bivitri Susanti as expert of the Petitioner delivering her statement in the judicial review hearing of the General Elections Law (Election Law) in the Plenary Courtroom of the Constitutional Court on Tuesday (10/7). Photo by Humas MK/Ifa.

The involvement of political party functionaries in the Regional Representatives Council (DPD) will impact not only on the party’s structure but also DPD’s performance. This was conveyed by Bivitri Susanti as expert of the Petitioner in the follow-up hearing of the judicial review of Law No. 7/2017 on General Elections (Election Law) in the Plenary Courtroom of the Constitutional Court on Tuesday (10/7). 

"So, it is clearly visible the constitutional character of DPD that changed due to the involvement of political party functionaries. DPD changed; it is no longer the regional representatives but the party’s machine representing a group of people in political parties," explained the constitutional law expert before the hearing led by Deputy Chief of Justice Aswanto attended by six other constitutional justices. 

Bivitri said that the interest of DPD members is interpreted as an interest based on the regional condition. "While the interest of political party functionaries is directly related to the short-term agenda of political parties which often depend on party positions vis a vis the government. Does the party support or not support the government? This is where these interests could clash," said Bivitri. 

The clash, Bivitri added, may occur due to two things, namely political position against the government as well as local political and economic interests that generally already fit in the local elite of political parties. 

Reinterpretation 

In addition, regarding case No. 30/XVI-PUU/2018, Bivitri argued that DPD is an institution designed to represent the region. By those discussed the amendments to the 1945 Constitution, she added, the institution was formed to further strengthen the region and create more even welfare for the people. As a result, specific authority was made on certain matters under a different electoral model, that is, candidates not being nominated by political parties. "I appeal to the Court to provide a solid constitutional interpretation for DPD as a regional representative body that DPD\'s constitutional design must be safeguarded by ensuring the character of its representation is not changed through policies that are more characterized by short-term interests than constitutional principles," Bivitri pleaded. 

At the previous hearing, Muhammad Hafidz as Petitioner described his position within the DPD as a representative of the local community representing his region and declared that Article 182 letter I along the phrase "other occupations" contains obscurity of intent. That is because, as a political party functionary as well as a DPD member who have positions, duties, functions, responsibilities, and authority in the political party, he might experience conflict of interest between the two positions. Thus, he said, there is a high possibility of a conflict of interest even if the political party carrying his political aspirations does not participate in the elections. It could be because there is still a possibility for the party in question to reregister in the coming elections as an election participant. (Sri Pujianti/LA/Yuniar Widiastuti)