Indonesian Solidarity Party (PSI) members protesting against the closed-list proportional system, Wednesday (3/8/2023) at the Constitutional Court. Photo by MKRI/Agung.

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Wednesday, March 8, 2023 | 16:16 WIB

JAKARTA (MKRI) — Thirty members of the Indonesian Solidarity Party (PSI) held a protest against the closed-list proportional election system in front of the Constitutional Court on Wednesday afternoon, March 8, 2023. The protest ran parallel to the judicial review hearing of Law No. 7 of 2017 on General Elections for case No. 114/PUU-XX/2022, 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.

The peaceful protest was led by Furqan AMC, PSI’s spokesperson and Director for Propaganda and Public Advocacy. When interviewed, he said that the protest and oration was the party’s express rejection of the closed-list proportional system. Fifteen PSI members wore a black cardboard box on their head while bringing a rucksack and a stuffed cat doll, a manifestation of the Indonesian idiom membeli kucing dalam karung or to buy a pig in a poke. This symbolized the political elite’s effort to undermine democracy by trying to switch the election system back to the closed-list proportional system.

“So, the black cardboard boxes and fifteen rucksack and stuffed cat dolls is the symbol of our message that we do not wish for the closed-list proportional system. If it was forced [on the election], the people would be presented with puppets, which would benefit the elite who would determine legislative candidates arbitrarily and the people cannot correct it. In contrast, in the open-list proportional system, the people can actively participate in [choosing] their candidates and change their [stance]. We put our hope in the ‘battle’ in the Constitutional Court to convince the constitutional justices. We want to give our opinion and recommendation to the justices by delivering this aspiration. Hopefully the justices understand that the public does not wish for the closed-list proportional system,” Furqan said.

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Debates on Open-List Proportional Election System 

The Petitioners 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, 2022, 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.  

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

Translation uploaded on 3/9/2023 15:24 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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