Director of Politics of the Ministry of Home Affairs Syarmadani testifying on behalf of the Government at a judicial review hearing of the Election Law and the Regional Election Law, Tuesday (12/10/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) — The presidential, legislative, and regional elections being simultaneous is the interpretation of Article 22 paragraph (2) of the 1945 Constitution. In addition, the Constitutional Court (MK) Decision No. 55/PUU-XVII/2019 also mentions six models of simultaneous election and the limitations for the legislatures to determine the model to implement. Relating to this, the Petitioner argued that order of the five-box election has led to political parties unable to recruit new members and regenerate, thus could weaken them.
“With the simultaneous election, political parties must be more professional and strategic in preparing its list of candidates by considering their integrity, competency, and loyalty to the party’s ideology, vision, and mission,” said House of Representatives (DPR) Commission III member Rudianto Lallo at a hearing for case No. 135/PUU-XXII/2024 on Tuesday, December 10, 2024 in the plenary courtroom.
The petition was filed by the Association for Elections and Democracy (Perludem). It challenges Article 1 paragraph (1), Article 167 paragraph (3), Article 347 paragraph (1) of Law No. 7 of 2017 on General Elections and Article 3 paragraph (1) of Law No. 8 of 2015 on the Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law). Today’s session was to hear the House and the President/Government.
Evaluation of 2024 Simultaneous Election
The Petitioner argued that a two-year gap between the national and regional elections would be necessary. It would ease parties from having to recruit candidates for the three levels of the two elections.
In response to the argument, the House held that until this moment, the legislatures has not determined the model for simultaneous elections through the amendment to Law No. 7 of 2017 after the 2024 simultaneous election. It stated that it would need to evaluate the implementation of the 2024 simultaneous election. Therefore, it is still reviewing stakeholders’ inputs regarding the amendment, including the format for the simultaneous election, which is the petition’s object.
The House also discussed the Petitioner’s argument on the two-year gap between the national and regional elections. This means that the regional heads inaugurated in 2025 will see the end of their terms in 2031. The House is of the opinion that this concept, where the terms of office of regional heads and provincial/regency/city DPRD (Regional Legislative Council) are extended until 2031, requires in-depth study.
This is because it is necessary to examine whether or not there are things that will disrupt the dynamics of democracy in the regions and create discontinuity in the political cycle. In addition, there may be potential and negative impacts of extending the term of office. Extended leadership often presents risks that must be carefully considered.
“Even in this petition, the Petitioner has not explained the formulation of the two-year gap, so a comprehensive study and simulation of this is needed first. Without it, a two-year gap cannot be done immediately because it requires consideration from many parties, including election organizers, political parties, and other election participants,” Lallo explained.
Synergy Between RPJMD and RPJMN
Meanwhile, the President/Government—represented by the Director of Domestic Politics of the Directorate-General of Politics and Public Administration of the Ministry of Home Affairs, Syarmadani—said the implementation of simultaneous elections is part of the alignment and integration of national development plans and regional development. It is expected that the elected president translates the RPJMN (national medium-term development plan) into a guideline for the preparation of the provincial/regency/city RPJMD. Thus, the elected regional heads a few months after the presidential election can harmonize and synergize the RPJMD with the RPJMN.
Syarmadani emphasized that this alignment is important because Indonesia as a unitary state must be supported by harmonious national and regional development. Indeed, the simultaneous transition process has been carried out from 2017 to 2020. As such, a policy based on the Petitioner’s argument on the change to the timing of the simultaneous elections with a two-year gap with the regional election, would not be in accordance with the purpose of the simultaneous strengthening of the presidential system and synchronization of the RPJMN with the RPJMD.
“Currently, the simultaneous general and regional elections are running. It is necessary to observe this simultaneity to see the advantages and disadvantages of the ongoing implementation, so as not to immediately change the simultaneity in general and regional elections. If the regional election to elect DPRD members, governors, regents, and mayors is held two years after the general election, it could have consequences for the vacancies of regional heads and DPRD, which will impact the stability of the running of the regional government, especially since there is currently no regulation regarding the vacancy of DPRD positions,” Syarmadani stressed.
Also read:
Perludem: Five-Box Simultaneous Election Undermines Political Parties
Perludem Affirms Argument Against Five-Box Simultaneous Election
At the preliminary hearing on Friday, October 4, Perludem through its legal counsels argued that the five-box simultaneous election undermines the political party system and its simplification as well as the people’s sovereignty in elections. It stated that the simultaneity of the legislative and presidential election cannot be viewed as merely a scheduling or technical issue and the implementation of legislation.
In addition, election schedules would seriously impact the implementation of all election principles under Article 22E paragraph (1) of the 1945 Constitution as well as the independence and professionalism of election implementation under Article 22E paragraph (5). These provisions stipulate that the presidential, DPR (House of Representatives), DPD (Regional Representatives Council), and provincial and regency/city DPRD (Regional Legislative Council) election be simultaneous. As a result, parties have become powerless in the face of political reality when candidates who possess wealth, are popular, and have a lot of material could transactionally and tactically be nominated because the parties no longer have the opportunity and energy to carry out regeneration in nominating legislative members at all levels simultaneously.
In the petitums, the Petitioner asks the Court to declare Article 1 paragraph (1) of Law No. 7 of 2017 (“A General Election, hereinafter may also be referred to as an Election, is an activity to facilitate people’s sovereignty by facilitating the election of members of House of Representatives, Regional Representatives Council, the President and the Vice President, and Regional Legislative Council, in a manner that is direct, general, free, confidential, honest, and fair in the Unitary State of Republic of Indonesia”) unconstitutional if not interpreted as “A General Election, hereinafter may also be referred to as an Election, is an activity to facilitate people’s sovereignty by facilitating the election of members of House of Representatives, Regional Representatives Council, the President and the Vice President, Regional Legislative Council in a national election, as well as governors, regents, and mayors in a regional election in a manner that is direct, general, free, confidential, honest, and fair in the Unitary State of Republic of Indonesia.”
It requests that Article 167 paragraph (3) of Law No. 7 of 2017 (“The voting process in an election shall be conducted simultaneously on a holiday or a day determined as a national holiday”) be declared unconstitutional if not interpreted as “The voting process shall be conducted simultaneously in a national election of members of House of Representatives, Regional Representatives Council, the President and the Vice President as well as in a regional election of members of Regional Legislative Council and governors, regents, and mayors.”
It also requests that the Court declare Article 347 paragraph (1) of Law No. 7 of 2017 (“The voting of all elections shall be conducted simultaneously”) unconstitutional if not interpreted as “The voting of the national election of members of House of Representatives, Regional Representatives Council, the President and the Vice President shall be conducted simultaneously, and two years thereafter the voting of the regional election of members of Regional Legislative Council and governors, regents, and mayors shall be conducted simultaneously.”
Lastly, it requests that the Court declare Article 3 paragraph (1) of Law No. 8 of 2015 (“The Election shall take place every 5 (five) years simultaneously throughout all territory of the Unitary State of the Republic of Indonesia”) unconstitutional if not interpreted as “The Election of Governors, Regents, and Mayors shall take place every 5 (five) years simultaneously with the Election of members of Regional Legislative Council.”
Author : Sri Pujianti
Editor : N. Rosi
PR : Raisa Ayuditha Marsaulina
Translator : Yuniar Widiastuti (NL)
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, December 10, 2024 | 15:16 WIB 33