Eko Prasetyanto Purnomo Putro, expert staff for Law and National Unity of the Ministry of Home Affairs, testified for the Government virtually at the judicial review hearing of Law No. 7 of 2017 on General Elections in the plenary courtroom. Photo by Humas MK/Ifa.
Tuesday, September 7, 2021 | 18:07 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held another judicial review hearing of Law No. 7 of 2017 on General Elections on Tuesday, September 7, 2021. The hearing for case No. 16/PUU-XIX/2021 had been scheduled to hear the statements of the Government and the House of Representatives (DPR), and the testimony of the General Elections Commission (KPU).
Expert staff for Law and National Unity of the Ministry of Home Affairs Eko Prasetyanto Purnomo Putro explained on behalf of the Government the meaning of Article 1 paragraph (2) of the 1945 Constitution, which reads, “The sovereignty shall be in the hand of the people and implemented according to the Constitution.” This article, Eko said, means that the people has the sovereignty, responsibility, right, and obligation to democratically elect leaders who will form the government to serve all elements of society, and to elect representation to oversee the government.
“The people’s sovereignty is carried out through the election, as a means for the people to elect a presidential-vice presidential ticket directly and to elect representatives who will oversee [the government], channel the people’s aspirations, and make legislation as a foundation for all in the Unitary State of the Republic of Indonesia in carrying out their respective functions and formulate the state budget to fund the implementation of those functions,” he said before the hearing chaired by Chief Justice Anwar Usman.
Open Legal Policy
Eko then quoted Article 22E paragraph (1) of the 1945 Constitution—“General election shall be held directly, publicly, freely, secretly, fairly, and justly once in five years”—and paragraph (2)—“General election shall be held to elect members of the House of People’s Representative, the Regional House of Representatives, the President and the Vice President and the Regional House of People’s Representative.”
“Therefore, the regulation on whether the election is simultaneous or not to elect president-vice president and members of the [DPR (House of Representatives)], [DPD (Regional Representatives Council)], and [DPRD (Regional Legislative Council)] is an open legal policy,” he explained.
The Court’s considerations in the Decision No. 14/PUU-XI/2013 on the judicial review of the Law on Presidential Elections on January 12, 2014, Eko said, states that the elections are simultaneous based on three reasons. First, presidential election after legislative election does not reinforce the government as intended by the Constitution. Second, there is the original intent that the presidential and legislative elections are conducted simultaneously. Third, simultaneous elections will save budget and be more efficient.
KPU’s Experience
The hearing continued without the House, who was absent. Next, the General Elections Commission (KPU) was represented by member Hasyim Asy’ari, who talked about the KPU’s experience in the 2019 Simultaneous Election.
“The 2019 Simultaneous Election was the first [simultaneous] national election in the Reform era. It has different characteristics than the previous elections—the 2004, 2009, and 2014 Elections. It is because in 2019 the election was simultaneous to elect members of DPR, DPD, provincial/regency/city DPRD at one time, so it was often called a five-box election,” Hasyim explained.
He also said 20 political parties contested in the 2019 Election—16 national and 4 local from Aceh. In the election, presidential ticket for 2019-2024 was also elected.
“In principle, the 2019 Simultaneous Election ran well and safely according to the schedule, program, and stages. In its implementation, the KPU was not only professional but also independent, upholding and prioritizing public interest, proportionality, legal certainty, accountability, efficient, and effective,” he stressed,
Based on data, Hasyim added, the 2019 Election had quite a high turnout at 81.93%. However, it led to high workload for the KPU and the ad hoc bodies, and even casualties.
Also read:
Election Organizers Question Workloads During Simultaneous Elections
Petition on Election Law Revised
The Petitioners challenge Article 167 paragraph (3) and Article 347 paragraph (1) of the Election Law. The former reads, “The voting process in an election shall be conducted simultaneously on a holiday or a day determined as a national holiday,” while the latter reads, “The voting of all elections shall be conducted simultaneously.”
The Petitioners are citizens who worked as an election organizer in a polling station working committee (KPPS), a subdistrict election committee (PPK), and polling committee (PPS) during the 2019 Elections. Akhid Kurniawan was a KPPS member at TPS 024 of Wirokerten Village, Banguntapan Subdistrict, Bantul Regency, Yogyakarta Special Province. Dimas Permana Hadi was a PPK member of Ngaglik Subdistrict, Sleman Regency, Yogyakarta Special Province. Heri Darmawan was a PPK member of Sukmajaya Subdistrict, Depok City, West Java Province. Subur Makmur was a PPS member of Abadijaya Village, Sukmajaya Subdistrict, Depok City, West Java Province.
At the preliminary hearing on Wednesday, June 9, 2021, attorney Kahfi Adlan Hafiz talked about the Petitioners’ workloads as KPPS, PPK, and PPS members in the 2019 Elections. He said that there was a fundamental issue concerning the workloads of election organizers.
“The workloads of election organizers, especially KPPS, PPK, and PPS, according to Petitioners, were very heavy, irrational, and inappropriate,” he said. The Petitioner reasoned that it was because the elections were carried out simultaneously with five ballots to elect the president and vice president, the House of Representatives (DPR), the Regional Representatives Council (DPD), the provincial DPRD (Regional Legislative Council), and the regency/city DPRD.
Kahfi relayed Akhid Kurniawan’s recount (Petitioner I) of the KPPS’ duties, which were not only limited to the voting day, but also at least since three days before voting day. They include receiving and securing the logistics and building the polling stations (TPS).
Despite their grievance, the Petitioners intend to participate in KPPS, PPK, and PPS in the 2024 Elections. However, they filed the petition not only in relation to their duties in the 2019 Elections, but also because the issue will have greater impacts on the workloads of ad hoc election organizers throughout the country in 2024—especially KPPS, PPK, and PPS—on voting, vote counting, and recapitulation. They believe that it is directly related to the smooth running of honest and fair elections in accordance with the people’s sovereignty, with more rational, appropriate, and humane workloads for the election organizers.
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 9/8/2021 15:07 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Tuesday, September 07, 2021 | 18:07 WIB 313