Experts for Petitioners (left to right) Bambang Eka Cahya Widodo, Maruarar Siahaan, and Laica Marzuki delivering their statements in the judicial review of the Election Law, Wednesday (10/4) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—Election with empty column in the ballot must be declared unconstitutional as it only fulfills the need of procedural democracy rather than substantive democracy. The election is aimed at forming a government that takes care of public affairs. The election is also a means to elect public officials who take care of public affairs. This was conveyed by political expert Bambang Eka Cahya Widodo as Expert for the Petitioner in the judicial review hearing of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Declaration of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors held by the Court Constitution (MK) on Wednesday (10/4/2019).

“Election with empty column has made the election a goal, not just a means to produce a government that serves the community,” said Bambang on petition No. 14/PUU-XVII/2019. He believes that the single-candidate election costs virtually the same as an election with more than one candidate. A single-candidate election potentially leads to failure to select a candidate, causing the need for re-election. This will inflate the election costs.

Bambang also explained that the phrase "repeated" in Article 54D paragraph (3) of the Regional Election Law is a problem. The law recognizes not the term re-election, but re-voting, recalculating, and recapitulating, pursuant to Chapter XV of the Election Law. Another similar arrangement is that on second-round elections and run-off elections as stipulated in Chapter XVI of the Election Law. All provisions of Chapters XV and Chapter XVI are regulated by strict conditions. 

Bambang\'s opinion was backed by another Expert for the Petitioners, Laica Marzuki. According to him, in no other country can an election have an empty column running against one candidate pair. "Because the empty column is not a legal subject. It is also not a participant in the election," said Laica, a legal expert and former constitutional justice said before to the panel of justices led by Chief Justice Anwar Usman.

Meanwhile, another Petitioner Expert Maruarar Siahaan said that the democratic paradigm of regional head elections for one candidate pair is extraordinary, in contrast to the democratic paradigm of election more than one candidate pair.  "The regional head election is a complete process with the final goal of electing a candidate pair. When the elected candidate pair cannot be determined, the next process will be a second round election of the original participants," explained Maruarar.

The Petitioners of case No. 14/PUU-XVII/2019 are Munafri Arifuddin and Andi Rachmatika Dewi Yustitia Iqbal, candidate pair of the 2018 Makassar Mayor and Deputy Mayor Election. They had been declared single candidate pair for said election. 

Legal counsel Yusril Ihza Mahendra said that two candidate pairs contested the 2018 Makassar Regional Election. Candidate Pair No. 1 was Munafri Arifuddin and Andi Rachmatika Dewi Yustitia Iqbal, while No. 2 was Moh. Ramdhan Pomanto and Indira Mulyasari Paramastuti Ilham. The Makassar Administrative Court had ruled on March 21, 2018 with decision No. 6/G/Pilkada/2018/PT.TUN.Mks that the qualified candidate pair was only No. 1 (Petitioners). This had been supported by the Cassation Decision of the Supreme Court No. 259 K/TUN/PILKADA/2018 dated April 23, 2018, which declared only Candidate Pair No. 1 (the Petitioners) was eligible. 

Responding to the rulings, Yusril added, the General Elections Commission (KPU) passed the Makassar Municipal KPU Decision No. 64/P.KWK/HK.03.01-Kpt/7371/KPU-Kot/IV/2018 on the Declaration of Candidate Pair in the 2018 Makassar Mayor and Deputy Mayor Election on April 27, 2018 and the Plenary Minute No. 435/P.KWK/PL.03.3-BA/7371/KPU-Kot/IV/2018 on the Implementation of the Ruling of the Supreme Court of the Republic of Indonesia regarding the Revocation of the Declaration of Candidate Pair in the 2018 Makassar Mayor and Deputy Mayor Election on April 27, 2018, resulting in the 2018 Makassar Mayor and Deputy Mayor Election only having one contesting candidate pair, that is, the Petitioners vs. Empty Column. (Nano Tresna Arfana/LA/Yuniar Widiastuti)