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Support the Independence of the Constitutional Court, All Parties Need to Respect the Election System Decision

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By: Mika Putri Larasati )*

Fully support the independence of the Constitutional Court by not interfering with the institution at all, all political parties and the public should continue to be able to respect and appreciate whatever decision is read out by the Constitutional Court regarding the election system, whether to continue using open or closed proportional later. Because the decision is clearly an objective decision and prioritizes the interests of the nation.

The Constitutional Court (MK) will soon hold a hearing in order to pronounce a judicial review lawsuit decision on Article 168 of the General Elections Law (UU) regarding an open proportional election system. The trial will be held on Thursday, 15 June 2023.

Regarding the trial for pronouncing the election system decision, MK spokesperson, Fajar Laksono stated that the trial schedule had been sent to several parties such as the Government of the Republic of Indonesia (RI), the People’s Representative Council (DPR RI) and also to other related parties in the lawsuit. That.

It is known that regarding the lawsuit against the general election system, which is case 114, the trial for pronouncing the verdict will be held at 09:30 Western Indonesian Time (WIB) in the Courtroom of the MK Building.

Then, receiving a summons to attend the trial, the DPR’s Legal Counsel at the Constitutional Court, Habiburokhman admitted that his party would attend the hearing to read the judicial review decision, which would later be very influential because it regulates how the election system is implemented, whether it still uses open proportional, namely voting is carried out directly by the people on the name of the legislative candidate (caleg) they support, or using closed proportional.

If, for example, the Constitutional Court grants the lawsuit, then in the future, Indonesia will implement a changed General Election system, namely with a closed proportional basis, in which people will only vote for political parties (political parties), for then the parties will determine the best cadres. they sit in parliamentary seats.

Of course, the two implementations of the election system, whether using open proportional or closed proportional, both have their own advantages and disadvantages and of course the Constitutional Court and the Government of the Republic of Indonesia will decide what is best for the sustainability of this nation in the future.

Meanwhile, Aceh Party (PA) spokesperson, Nurzahri stated that there had been a polemic about how the election system in the future would be, whether it would continue to use open proportional, or later be changed to closed proportional during the implementation of democratic parties and election political contestation in the upcoming 2024, in fact is the same attitude as wanting to intervene in the Constitutional Court’s decision.

Therefore, there should not be a polemic that continues to be born and continues in society, especially if the polemic is then actually added to the many issues with fake news or hoaxes which actually mislead the public.

Moreover, when a polemic occurs, then of course society will also become divided and seriously threaten the sense of unity and integrity in the country. For this reason, whatever decision the Constitutional Court will read out in that session regarding the electoral system, should not be intervened by any party.

How could it not be, the article is clear that according to the rules in the law alone, political parties (political parties) are not allowed to have such an attitude, namely to continue to intervene in the MK for whatever reason because the Constitutional Court itself is an independent institution and does not take sides with anyone. certain political party.

In addition, throughout the process, whether there are parties from certain political parties who may not be pleased with the results of the decision read out by the Constitutional Court, they do not need to make issues and polemics too widespread in society because all of them already have rules, that is, they can file a lawsuit again.

Rather than having to turn the Constitutional Court’s decision into a major polemic in society and in fact it will cause extraordinary uproar, of course it is actually not a mature attitude that can be shown by a political party in responding to a problem, primarily a court suit.

If indeed there are parties who still object and state that their attitude is not in accordance with the Constitutional Court’s decision, of course all of them must go through legal channels and be resolved through legal channels, because indeed all of this is not a political domain, but has become a legal domain, so there is no need to hold meetings anymore. rejection or whatever.

Of course, all parties, starting from political parties or every element of society should be able to continue to fully support the independence of the Constitutional Court and have the firmness not to intervene too much in anything that will later be decided by the Constitutional Court and accept whatever decision the Constitutional Court decides, whether in the future it will still apply open or closed proportional election system.

With full support and also all parties are able to continue to respect how the Constitutional Court’s decision regarding the election system in the future, the community also contributes in supporting the independence of the Constitutional Court, so that the resulting decision is free from the intervention of any party and is able to independently objective for the good of the nation in the future.

)* The author is a contributor to Nusantara Reading Room

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