By: Marwan Achmad)*
The House of Representatives (DPR) has ratified the Draft Election Law in the Plenary Session on 21 July 2017. The purpose of the bill is as a revision of the existing law that is to ensure the democratic system in Indonesia to run properly.
Elections in Indonesia’s democratic state are a peaceful process of change of power which is conducted periodically in accordance with the principles outlined by the constitution. The principles of elections conforming to the constitution are, among other things, the principle of a citizen-sovereign citizen life (democracy) is marked that every citizen has the right to participate actively in any state decision-making process.
Although the bill has not been ratified by the President, there have been many lawsuits from various parties related to the bill. Some of which are still considered to be a problem in the Bill is about Article 173 in the Law (UU) of Election Implementation states that the new political parties (political parties) are legally required to participate in the verification to become participants of the 2019 election, while the political parties participating in the 2014 General Election are not required . It is considered some circles would be unfair if the political parties that have passed the previous election verfikasi will automatically qualify for the upcoming 2019 election. Because, in the five-year period to the next election many changes that can happen. It could be a party no longer qualified, either stewardship, office, or membership amount, as when the party is verified. Not to mention the fact that a number of political parties are currently experiencing the dualism of stewardship so it is necessary to check which legitimate camp.
In addition, the presidential threshold issue or the presidential threshold of 20 per cent of the seats and 25 per cent of the national legitimate votes set forth in the law where in Article 6A paragraph (2) it reads, “The presidential and vice-presidential pairs nominated by a political party or joint Political parties participating in general elections prior to the election “. The provisions of the presidential threshold are considered contradictory to Article 6A paragraph (2) in conjunction with Article 22E Paragraph (3) of the 1945 Constitution.
In the ratification of the Election Law, there are four factions who walkout because they do not agree to vote, namely Gerindra, PKS, Democrat, and PAN. While the other six factions, namely Golkar, PKB, PPP, Nasdem, Hanura, and PDIP, agreed to vote option A.
In the drafting of legislation certainly not all citizens’ interests can be fully accommodated, this is due to various factors and dynamics that exist in the process of forming the legislation. Indeed every rule of legislation can represent and become a rule that can be a means of development and protect the various interests in which contains various things that are bona fide to the survival of various elements of Indonesian society. When the legislation was created, passed and enacted, it is not impossible that some of the political interests may be involved.
Steps of various parties who cast a lawsuit to the Constitutional Court, basically been in accordance with the applicable procedures. But it takes a sense of acceptance from those parties to accept if the result of his lawsuit to the Constitutional Court is not as expected.
)* The author is CIDISS Contributor
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