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Election Perppu Forms Concrete Government Consistency Implements the Constitution


By: Clara Diah Wulandari )*

The existence of the Election Perppu is a concrete form of the government’s strong commitment and consistency to continue implementing the constitution related to the holding of general election democratic parties so that they can be carried out in a timely manner.

The constitution has mandated that general elections (elections) must be held based on the principles of direct, general, free, secret, honest and fair. Directly means that every citizen must exercise their right to vote without being represented by anyone. Public means that the elections held must be open to the public, transparent, so that election accountability can be accountable to the public. Free means every citizen has the right to determine the right to vote for any candidate without pressure from anyone. 

Confidentiality means that every citizen has the right not to broadcast the candidate he chooses in the election process. Meanwhile, being honest and fair means that every organizer or state apparatus involved in the election or regional election process, from the initial stage to the final settlement of election/pilkada disputes, must be honest and fair in carrying out the election process.

Then, the honest attitude possessed by every state apparatus, especially those who are involved in the election or pilkasa process, can be interpreted as a form of moral integrity in carrying out every process and stage of the election or regional election, and this is their effort to carry out their duties and responsibilities. answer in accordance with applicable regulations.

As for the attitude of fairness for the state apparatus, this can be interpreted as how to act the same towards all contestants or participants in elections and regional elections, even without exception. Therefore, in every general election and local election, the Constitutional Court always conducts technical assistance activities for all stakeholders.

Still related to the election, especially since the democratic party will soon be held in 2024, Deputy Chairman of the People’s Representative Council of the Republic of Indonesia (DPR RI), Muhaimin Iskandar stated that the Draft Government Regulation in Lieu of Law (Perppu) Number 1 of 2022 concerning Changes Law Number 7 of 2017 concerning Elections will soon be brought to a meeting of the leaders of the DPR RI in the near future.

Previously it was known that indeed the DPR and the Government of the Republic of Indonesia had agreed on the existence of a Perppu on Elections in the first-level discussions at Commission II which is in charge of governance issues. At the meeting held on Wednesday, March 15, 2023, all factions even agreed that the contents of the Perppu and agreed that the policy would be brought to the plenary meeting to be ratified as a Law (UU).

On the other hand, the Coordinating Minister for Politics, Law and Security (Menko Polhukam), Mahfud MD stated that indeed the upcoming 2024 Election is a constitutional agenda, so it absolutely cannot be postponed or postponed by ordinary legal means.

He later admitted that he was surprised by the polemic that recently occurred after the issuance of a decision from the Central Jakarta District Court (Jakpus) which stated that the elections would be postponed until 2025. Even emphatically, Mahfud MD then stated that all parties must be able to fight the law against the decision, because according to him the decision endangered the life of the nation and state, because the constitutional agenda could be canceled and regulated by the court, but this should not be the case.

The former Chief Justice of the Constitutional Court (MK) also explained that the election schedule itself is an absolute substance of the constitution and not a content of the Law (UU). Furthermore, he explained that there are 3 (three) articles in the constitution which state that the President takes office for 5 (five) years, elections are held every five years, then the President cannot be dismissed or his term of office extended.

In addition, on October 21, 2024, the position of the President will indeed run out, so for example if the elections are postponed, then there will be a government vacuum. Therefore, Mahfud MD reiterated that the Government will continue to follow the election schedule that has been set along with the schedule by the KPU, DPR and Government, even including Bawaslu which will also participate, namely on the 14th of February 2024.

It can be said that indeed the Government has a very high commitment to maintaining their consistency in carrying out the mandate of the constitution, primarily related to the holding of democratic general elections (Elections). This can also be seen from the existence of the Election Perppu which is a concrete thing from how the government is consistent in continuing to run elections on time.

)* The author is a contributor to Nusantara Reading Room

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