MK Decides that 2024 Election Will Remain with an Open System

MK Decides that 2024 Election Will Remain with an Open System

MATRANEWS.id โ€“ The Constitutional Court (MK) has decided that the 2024 General Election (Pemilu) will continue to use an open proportional system. This decision was taken after the Constitutional Court rejected the application submitted by a number of parties in the trial of the lawsuit against Law Number 7 of 2017 concerning General Elections.

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In reading the decision by the Chief Justice of the Constitutional Court, Anwar Usman, at the Indonesian Constitutional Court building, Central Jakarta, on Thursday (15/6/2023), he stated, “Rejecting the Petitioners’ petition in its entirety.”

One of the constitutional judges, Saldi Isra, in the trial of case number 114/PUU-XX/2022, explained that the Petitioners argued that the proportional election system with an open list had changed the role of political parties negatively. They argue that political parties have lost their central role in democratic life since the 2009 to 2019 elections.

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However, the Constitutional Court argued that this argument was too excessive. In accordance with Article 22E paragraph (3) of the 1945 Constitution, political parties remain participants in the general election for members of the DPR/DPRD. Within the limits of reasonable reasoning, the central role of political parties still exists, including in the process of selecting and determining candidates.

Saldi Isra also explained that political parties have an important role in selecting candidates who suit the party’s interests, ideology, plans and work programs. Regarding concerns about money politics, Saldi Isra revealed that such practices can occur in various general election systems, both open proportional and closed proportional.

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The Constitutional Court emphasized that accusations of distortion of the role of political parties, money politics, criminal acts of corruption, and low representation of women are not solely caused by a particular general election system. According to Saldi Isra, improvements and improvements in general elections can be made in various aspects, including the party system, political culture, voter awareness and behavior, as well as rights and freedom of expression.

This trial was attended by eight constitutional judges, while one judge, namely Wahiduddin Adams, was carrying out his Constitutional Court duties abroad. Previously, the Constitutional Court had received a request for judicial review regarding the open proportional system which was submitted on November 14 2022 by six applicants. Eight of the nine political party factions in the DPR RI expressed their rejection of the closed proportional electoral system, while one faction wanted this system, namely the PDI Perjuangan.

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