Chief Justice Anwar Usman opening the national webinar and FGD by the Constitutional Court and APHAMK, Friday (11/19/2021) in Solo. Photo by Humas MK/Yuwandi.
Saturday, November 20, 2021 | 11:41 WIB
SOLO, Public Relations—The general election in Indonesia is the logical consequence of the democratic system adopted in the Constitution. The same is true for other countries that follow the same system. Currently in all countries in the world, the democratic system is inevitable, said Chief Justice of the Constitutional Court (MK) Anwar Usman on the national webinar on “The Format of Simultaneous Elections After Constitutional Court Decision No. 55/2019” and the focus group discussion (FGD) organized by the Court and the Association of Lecturers on Procedural Law of the Constitutional Court (APHAMK) on Friday, November 19, 2021.
“Even if a country adopts communism or monarchy, the values and principles of democracy is very difficult to avoid. For example, transparency in state management or the regulation of the citizens’ rights and obligations, and the regulation of the functions and authorities of state institutions in the Constitution is are a clear example that democratic values and principles are universal and inevitable,” Justice Anwar said.
However, democracy around the world is not working properly. Initially serving “from, by, and for the people,” the practice is often not as good as it sounds on paper. Today, democracy is often driven by a small number of elites with large capitals or those close to capital owners. It is rational, as funding democracy is not cheap nor is it easy.
Manipulation in democracy is also common, Justice Anwar added, as power spoils those that wield it. English historian, politician, and author John Emerich Edward Dalberg-Acton once remarked “Power tends to corrupt, and absolute power corrupt absolutely.” This is factually true as rulers are often reluctant to step down and they commit corrupt acts while in power.
Simultaneous Elections
Justice Anwar said that the history of Indonesia’s democracy shows that the nation is quite adaptive in addressing the dynamics and developments of the democratic system. The critical power of the community towards the implementation of simultaneous elections is also part of the public’s contribution to the development of the democratic and electoral system.
This is shown in the material judicial review petition No. 55/PUU-XVIII/2019, which was filed by civilians who were concerned with the elections. They challenged the constitutional interpretation of simultaneous elections where the national and local elections are separate.
The Court ruled that the simultaneous elections model was not under its jurisdiction, but that of the legislatures. However, it recommended options: elections for DPR, DPD, president-vice president, and DPRD; for DPR, DPD, president-vice president, governor, and regent/mayor; for DPR, DPD, president-vice president, DPRD, governor, and regent/mayor; or national election for DPR, DPD, president-vice president followed by those for provincial DPRD and governor, then for regency/city DPRD and regent/mayor with intervals in between.
“Realizing elections with integrity is not as easy as saying it. The anomaly of democracy as stated earlier is a common problem in many countries, not only in Indonesia. Therefore, maintaining the democratic process and achieve the expected election results requires cooperation and synergy of all state organs related to the implementation of elections such as the KPU, Bawaslu, the DKPP, the Police, the Attorney General’s Office, courts, the Constitutional Court, and other state institutions as well as academics and university students, who must continue educating the public about the importance of elections with integrity,” Justice Anwar explained.
All those elements, he added, must synergized for the success of the elections and to maintain the people’s sovereignty. Election contestants must also understand that they must account for their positions as the people’s leaders not only here and now, but also in the afterlife.
Intellectual Partner
The Head of the Public Relations and Protocol Bureau Heru Setiawan said that the national webinar and FGD were organized by the Court and APHAMK. He said the latter is an intellectual partner that the Court has had collaborations with for a long time.
“As we know, the Association of Lecturers on Procedural Law of the Constitutional Court is one of the intellectual partners that the Court has collaborated with in academic programs, especially related to the Court’s procedural law,” he added.
Heru explained that the Court’s procedural law and its developments are introduced more in university curricula. This is important as the procedural law has distinctive characteristics and is different from that in other courts.
“In short, the Court and the Association of Lecturers on Procedural Law of the Constitutional Court has parallel vision and work philosophy—so that the Court’s procedural law is understood by all stakeholders and members of the public, including lecturers,” he said.
Heru stressed that is webinar could be interpreted as the APHAMK’s attention to the academic community, especially to collaborate through academic ideas, which would be discussed in the webinar.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/22/2021 14:37 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.
Saturday, November 20, 2021 | 11:41 WIB 249