Head of the Legal Bureau of the Ministry of Home Affairs Widodo Sigit Pujianto representing the government to deliver a statement in the material review hearing of the Law on General Elections, Tuesday (16/10) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The regulation on "self-image" in Article 1 number 35 of Law No. 7/2017 on General Elections (Election Law) is not to limit political parties and prospective legislative candidates in introducing themselves to the public. Political parties and legislative candidates are allowed to conduct socialization as long as they do not include party logos and party serial numbers before the campaign period begins.

"The regulation on self-image aims to create justice and order for all political parties and legislative candidates," said Head of the Legal Bureau of the Ministry of Home Affairs Widodo Sigit Pujianto representing the Government in the proceedings on cases No. 48 and 53/PUU-XVI/2018 on Tuesday ( 10/10) noon. 

The Government was of the opinion that the installation of teaching aids in public places, printed and electronic mass media advertisements, the internet, and candidate pairs debates regarding candidate materials that are facilitated by the General Elections Commission (KPU) and can be funded by the State Budget (APBN), are aimed at to control money in politics. 

"Facilitation by KPU and APBN funding can create equality of opportunity for political parties and legislative candidates in conducting campaigns," said Widodo. 

According to the Government, the regulation on campaign advertising was not intended to restrict the campaign of political parties and legislative candidates. Advertising arrangements were made so that the principle of a campaign that is fair and educates the public can be realized in broadcasting and news reporting. Thus, the campaign objectives can be delivered positively to the community, not causing a commotion in the community due to negative campaigns, for example, attacking political parties or prospective legislative candidates with ethnicity, religion, race, and intergroup (SARA) issues. 

"The regulation on campaign advertising needs to be limited. If it is not, it will cause injustice for political parties or prospective legislative candidates who have little funds to advertise. Meanwhile, political parties and legislative candidates who have a lot of funds will compete negatively in promoting their political parties. It will be unfair for political parties that have ideological values but limited funds. The political parties won\'t be able to approach the community through the media. Nowadays people tend to make choices based on perceptions formed by the media," Widodo added. 

The government saw that Law No. 17/2017 was needed as a basis for simplifying, harmonizing, and combining election arrangements contained in three laws: Law No. 42/2008 on General Elections of the President and Vice President, Law No. 15/2011 on General Election Organizers, and Law No. 8/2012 on General Elections of Members of the House of Representatives (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD). 

The Indonesian Solidarity Party (PSI) reviews Article 1 number 35, Article 275 paragraph (2), and Article 276 paragraph (2) of Law No. 7/2017. According to the Petitioner, the phrase "self-image" in Article 1 number 35 of the Election Law is contrary to the 1945 Constitution because it is stated as part of election campaign activities. Whereas Article 275 paragraph (2) and Article 276 paragraph (2) of the Election Law contradict the 1945 Constitution because they have created a limitation for the Petitioner in independently carrying out campaigns, restricted new political parties, which indicates political cartels of old political parties, and harmed the constitutional rights of PSI as a new political party because they do not provide space for advertising, other than through channels provided by the Election Commission (KPU).

Meanwhile, Petitioners of Case 53/PUU-XVI/2018, Muhammad Hafidz and Abdul Hakim, felt disadvantaged by criminal sanctions as stipulated in Article 429 of the Election Law. They are threatened by the criminal provision due to election campaigns outside the schedule set by the election organizers as stipulated in Article 492 of the Election Law. It would at least obstruct the constitutional right of the Petitioners to create an ideal party for the people, by asking for input and/or responses from the public regarding the affiliation of each individual in determining who would be the candidate and the basis for choosing candidates in the general elections. (Nano Tresna Arfana/LA/Yuniar Widiastuti)