Yusril Ihza Mahendra, chairman of the Crescent Star Party (PBB), arriving at the Constitutional Court to request to be a relevant party for the judicial review of the Election Law, Friday (1/13/2022). Photo by MKRI/Hendy.

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Friday, January 13, 2023 | 18:07 WIB

JAKARTA (MKRI) — The Crescent Star Party (PBB) submitted a request to be a relevant party in the judicial review case No. 114/PUU-XX/2022 on Law No. 7 of 2017 on General Elections regarding proportional representation for the election. The request was submitted by chairman Yusril Ihza Mahendra in person at the case registration booth on the ground floor of the Court’s main building on Friday, January 13, 2023 at 10:30 WIB. He was accompanied by PBB secretary-general Afriansyah and Andi Kristian from Ihza & Ihza Law Firm.

In a brief phone interview with the Court’s media team, Andi Krisitian said the party supported the closed-list proportional representation or voting for political parties, not legislative candidates. In the parliament, PBB and the Indonesian Democratic Party of Struggle or PDI-P support this system. PBB asserted that, seeing the previous elections, the closed-list proportional representation could be more beneficial for both the parties and the voters.

“In the [press conference] earlier, Prof. Yusril said that the closed- and open-list proportional representations are options. However, PBB believes the closed-list proportional representation is more beneficial,” Andi said.

He added that the argument that the closed-list proportional representation would lead to money politics or vote buying is inaccurate, because many potential party candidates without capital went on to represent the parties.

“It is not a pig in a poke because voters would not be confused by only voting for political parties. This mechanism has existed since the 1955 Election,” he explained.

He added that PBB took a step by requesting to be a relevant party in the case. It hoped to support the petitioner through legal arguments following statutory legislation.

On the other hand, on Tuesday, January 10, 2023, the Indonesian Solidarity Party (PSI) had submitted a request to be a relevant party in the same case. A spokesperson for PSI’s central executive board (DPP PSI), Francine Widjojo, said in an interview that PSI had expressed its rejection of the closed-list proportional representation. PSI believes the sovereignty is in the hands of the people and must be defended. Eight other parties—the Democratic Party, the Golkar (Golongan Karya) Party, the Gerindra (the Great Movement) Party, the National Democratic Party (NasDem), the National Awakening Party (PKB), the National Mandate Party (PAN), and the United Development Party (PPP)—are also rejecting the the closed-list proportional representation.

Also read: 

Open Proportional System in Election Challenged

PSI Rejects Closed-List Proportional Representation

Petition No. 114/PUU-XX/2022 was filed by Demas Brian Wicaksono (an executive of the Indonesian Democratic Party of Struggle or PDI-P), Yuwono Pintadi (a member of the National Democratic Party or Nasdem), Fahrurrozi, Ibnu Rachman Jaya, Riyanto, and Nono Marijono. They challenge Article 168 paragraph (2), Article 342 paragraph (2), Article 353 paragraph (1) letter b, Article 386 paragraph (2) letter b, Article 420 letters c and d, Article 422, Article 424 paragraph (2), and Article 426 paragraph (3) of the Election Law.

At the preliminary hearing on Wednesday, November 23, the Petitioners argued that the norms, relating to the proportional representation based on majority votes has been misused by popular pragmatic electoral candidates without ideological connection, political party affiliation, and experience in managing any political party organization or socio-politics-based organizations. As a result, when elected as members of the House of Representatives (DPR) or the Regional Legislative Council (DPRD), they tend to act for their own interest instead of representing their part. As such, there should be a party authority that determines who is eligible to become a party representative in parliament after attending political training.

In addition, the Petitioners asserted, the a quo articles have cultivated individualism among politicians, resulting in internal conflicts within the parties. This is because the proportional representation is seen to have resulted in political liberalism or free competition that prioritizes individual victory in elections. This competition should instead exist among political parties because election participants are affiliated with political parties, not individuals, as stated in Article 22E paragraph (3) of the 1945 Constitution.

The Petitioners were harmed because these articles regulated the system for determining elected candidates based on the majority votes because it had made elections costs excessive and led to complex issues, such as unhealthy competition between candidates because it encourages candidates to commit fraud by bribing election organizers. Therefore, he added, if those articles were annulled, it would reduce vote buying and lead to clean, honest, and fair elections. In addition, the proportional representation based on majority votes is costly and hurt the state budget, for example for the printing of ballots for the election of the House, provincial and regency/city DPRD. They also requested in their petitum that the Court declare the word ‘open’ in Article 168 paragraph (2) of the Election Law unconstitutional and not legally binding. 

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 1/16/2023 07:51 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.

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