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| Dr. Sidik Sunaryo, M.Si. M.Hum. Legal Expert and Lecturer at the Faculty of Law, University of Muhammadiyah Malang (Photo: Special) |
In the past few days, the issue of the Mahkamah Konstitusi (MK) (trans: Constitutional Court) in deciding to change the 2023 election system to a closed proportional system for legislative members has emerged. Previously, Indonesia's electoral system adopted an open-balanced system. The information was obtained from a video clip of Denny Indrayana, one of the legal experts.
The issue also triggered Legal Expert and Lecturer at the Faculty of Law, University of Muhammadiyah Malang (UMM) Dr. Sidik Sunaryo, M.Si. M.Hum. to explain. In the Undang-Undang Dasar 1945 (UUD 45) (trans: 1945 Constitution), it has been emphasized that the presidential election system is conducted directly. Meanwhile, the election of legislative candidates and regional heads is conducted democratically. According to him, democratic diction can mean direct or indirect, depending on the lawmaker.
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"The regulations for presidential elections have been clearly organized and cannot be construed. Meanwhile, legislative elections have not been clearly regulated, so it is the authority of the legislators to regulate it (open legal policy). In this case the Dewan Perwakilan Rakyat (DPR) (trans: Council of Representatives ), the Dewan Perwakilan Daerah (DPD) (trans: Regional Representatives Council ), together with the president," he explained.
Sidik, as he is called, emphasized that the election system is in the legislative area. Therefore, if there is any judicial review lawsuit related to the electoral system from open to closed, and the Constitutional Court accepts it, then the Constitutional Court does not have the authority to do so. According to the 1945 Constitution, the authority to determine the electoral system is in the hands of the legislative. Meanwhile, the Constitutional Court is a judicial institution.
"If the Constitutional Court really tests the material and changes the electoral system and is interpreted to make new norms in the Election Law, then the Constitutional Court has actually taken over the authority of other government institutions, namely the legislative. Even if they want to test, what should be tested is whether the open system is contrary to the 45 Constitution or not? The logic should be like that," he said.
Regarding the open or closed proportional system, the Vice Rector IV of UMM considers both advantages and disadvantages. In open-proportional, legislative candidates are not determined in order. Anyone can register as a candidate through any political party, even if they are new. Meanwhile, in closed-proportional, the political party decides the list of candidates.
"In a closed proportional system, for example, political party A has prepared 100 candidates. Then it turns out that the votes obtained are only enough for 10 people, then candidates number 1-10 succeed in becoming legislators. While the rest did not make it," he said.
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According to him, both systems are good as long as there are no negative impacts, such as money politics. In this case, the law must be strict to prevent it by increasing political education for the community so that democracy can run well.
Furthermore, Sidik said the election system must follow the ideological values of Pancasila. It must contain the value of divinity because elections are a means of democracy to elect leaders as a form of worship to God. Including the value of humanity by not denouncing and defaming each other and the importance of unity by maintaining it. Even with the value of deliberation and social justice, that must be upheld. "The morality of democracy must return to the ideological values of Pancasila and the democratic system must be based on the basic values of the constitution," he concluded. (Put/Wil)
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