How to cite:
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo. (2021) Application Of Open
Proportional System In Post Amendment Legislative Elections Basic Law Of
The Republic Of Indonesia Year 1945. Journal Eduvest. 1(9): 871-884
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Eduvest – Journal of Universal Studies
Volume 1 Number 9, September 2021
p- ISSN 2775-3735 e-ISSN 2775-3727
APPLICATION OF OPEN PROPORTIONAL SYSTEM IN POST
AMENDMENT LEGISLATIVE ELECTIONS BASIC LAW OF THE
REPUBLIC OF INDONESIA YEAR 1945
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Riau Islamic University
E-mail: [email protected], [email protected],
ARTICLE INFO ABSTRACT
Received:
August, 26
th
2021
Revised:
September, 9
th
2021
Approved:
September, 11
st
2021
This study aims to examine how the concept of the
application of the Open Proportional System in the Legislative
Elections After the Amendment to the 1945 Constitution of
the Republic of Indonesia is applied. This study uses a
normative juridical method based on primary and secondary
legal materials. The form of the results of this research is
descriptive analysis, where the results of the research provide
an objective description of the concept of the application of
the Open Proportional System in the Legislative Elections
After the Amendment to the 1945 Constitution of the
Republic of Indonesia. The approaches in this study are:
statute approach, and conceptual approach. In tracing legal
materials, the author uses the Research library, and uses
qualitative analysis. The results show that the application of
the open proportional system in the legislative elections after
the amendment to the 1945 Constitution of the Republic of
Indonesia varies, the 2004 election with a limited open
proportional system using a BPP value of 100%, the 2009 and
2014 elections applying a pure open proportional system
using the hare quota method and the 2019 election applying
the system pure open proportional with sound conversion
method using sainte lague system. The open proportional
system is also able to present a variety of electoral winning
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Application Of Open Proportional System In Post Amendment Legislative Elections
Basic Law Of The Republic Of Indonesia Year 1945 872
parties.
KEYWORDS
Democracy, Election System, Political Party
This work is licensed under a Creative Commons
Attribution-ShareAlike 4.0 International
INTRODUCTION
Indonesia as a State has embraced the understanding of people's sovereignty
(democratie) as stated in the body of the Constitution of the Republic of Indonesia of
1945 in Article 1 paragraph (2) which reads "kedaulatn beraada in the hands of the people
and implemented according to the Basic Law" (Ridlwan, 2011). Power comes from the
people, by the people and for the people. Even power is held together with the people.
The form of the capture of people's sovereignty with the holding of elections. Since the
third amendment of the 1945 Constitution, elections in Indonesia are no longer limited to
electing members of the House of Representatives and the Regional People's
Representative Council only, but also to elect members of the Regional Representative
Council, the President and Vice President. Holding elections is an element that must exist
in a democratic government. Elections in democracies can be seen as the beginning of the
democratic paradigm. In addition to the elements of elections, in a democracy there must
also be an element of accountability for power. If elections can be viewed as the
beginning of the democratic paradigm then the accountability of power should be viewed
as the end of the democratic paradigm. The implementation of elections is inseparable
from the system applied like two sides of a currency that cannot be separated from each
other. The general election applied in Indonesia has a different system before the
amademen of the Basic Law of 1945 the electoral system applied is a closed proportional
system while after the amendment of the Basic Law of 1945 the electoral system applied
is an open proportional system (Putra, 2018). In political science, especially on
ownership, it is mentioned that the rationale for the emergence of a proportional system is
to reduce the gap between the party's vote gain nationally and the acquisition of seats in
parliament (Jurdi, 2018). In other words, the political party's vote share is in line with the
acquisition of its seats.
Hope that an open proportional system can accommodate the diversity of
indonesian people from sabang to merauke (Zuhro, 2019). However, the phenomenon of
an open proporisonal system that was imposed from the general election in 2004 until the
2019 election still has many shortcomings. Among other things, an open proportional
system nourishes Indonesian corruption, weakening the identity of political parties or
party identities (Muhtadi, 2019). In addition, another phenomenon in this general election
is that elected candidates for elected representatives are dismissed by political parties on
the grounds that they violate the party's code of conduct (Farida, 2013). The existence of
a change of side by a political party can damage the sovereignty of the people embraced
by Indonesia which has been outlined in the Constitution of the Republic of Indonesia in
1945 (Karianga & SH, 2015).
RESEARCH METHOD
This study uses a normative juridical research method, namely using
written legal norms as the basis for research (Budianto, 2020). The approaches in
this research are: statute approach, and conceptual approach. The research is
directed at studying positive law. The nature of this research is descriptive, that is,
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the author intends to describe systematically, conceptually and actually.
The object of this research is the Open Proportional System in the Legislative
Election Post Amendment to the 1945 Constitution of the Republic of Indonesia.
The data collected in this study are in the form of primary and secondary data
consisting of:
a. Primary legal materials are the main data in this research, namely the 1945
Constitution of the Republic of Indonesia, Law Number 12 of 2003
concerning General Elections, Law Number 10 of 2008 concerning General
Elections for Members of the House of Representatives, Regional
Representatives Council , and the Regional People's Representative Council,
Law Number 8 of 2012 General Election of Members of the People's
Representative Council, Regional Representative Council, and Regional
People's Representative Council, Law Number 7 of 2017 concerning General
Elections, Law No. 15 of 2019 concerning Amendments to Law Number 12 of
2011 concerning the Establishment of Legislation, Constitutional Court
Decision Number 22-24/PUU-VI/2008 concerning Judicial Review of Law
Number 10 of 2008 concerning General Elections for Members of the House
of Representatives, Regional Representative Council, and Regional People's
Representative Council, and Constitutional Court Decision Number 14/PUU-
XI/2013 Review of Law Number 42 Year 2008 concerning General Election
of President and Vice President;
b. Secondary legal materials are materials obtained from textbooks, scientific
journals, papers in scientific forums, and the opinions of legal experts.
c. Tertiary legal materials are materials that provide instructions and
explanations of primary legal materials and tertiary legal materials in the form
of dictionaries and encyclopedias.
Data analysis was carried out qualitatively, after the authors obtained data
in the form of primary data consisting of primary, secondary and tertiary legal
materials. Then the authors process the data with in-depth analyzes, then
presented in detail with clear sentences and easy to understand.
Drawing conclusions used in this study is a research conducted inductively
where conclusions start from things that are specific to things that are general.
RESULT AND DISCUSSION
A. Application of the Open Proportional System in the Legislative General
Election after the Amendment to the 1945 Constitution of the Republic of
Indonesia
In simple terms, the general election system means an instrument for
translating the vote gains in the general election into the seats won by political
parties or candidates. The basic variables that are often used include the electoral
formula, ballot structure, and district magnitude (Kacung, 2012).
The general election system in Indonesia has changed, from a closed list
proportional system to an open list system. The closed proportional general
election system is the determination of the elected legislative candidates not based
on the votes they get but based on the votes acquired by political parties. Even
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Application Of Open Proportional System In Post Amendment Legislative Elections
Basic Law Of The Republic Of Indonesia Year 1945 872
though voters directly cast their votes for one of the candidates, the vote remains
the vote of a political party. The votes of political parties that have reached the
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Application Of Open Proportional System In Post Amendment Legislative Elections
Basic Law Of The Republic Of Indonesia Year 1945 874
seat threshold will be given to candidates based on serial numbers
(Rahman, 2017). An open proportional representation system that provides space
for voters to participate in the process of determining the order of party candidates
to be elected. The open list system is the opposite of the close list system which
only allows active party members, party officials, or consultants to determine the
order of candidates and voters do not have the opportunity to participate in
determining candidate positions. In addition, the open list system provides
sufficient space for voters to directly elect legislative candidates rather than
political parties. The choice given by the voter is called the preference choice.
In 2003, Indonesia changed its electoral system from a closed candidate list
proportional representation system in a wide electoral area to a proportional
representation system with an open list of candidates in small electoral districts, to
strengthen the relationship between voters and their elected members of
parliament, while maintaining the nature of the electoral process. the consensus of
the Indonesian government system. This change is not completely open but tends
to be a semi-open list proportional system. This is because the determination of
who will represent the party in obtaining seats in parliament is not based on the
majority of votes but is still based on serial numbers. Electoral system reform
places the burden of information responsibility on the LPP, and requires the EMB
to implement new methods for delimiting electoral areas, voting, and counting
votes. Then the elections held in 2004 had the election of a new legislative body
which was the Regional Representatives Council.
The presence of the Regional Representative Council in the legislature has
brought about a general election system that varies between the district general
election system and the open proportional electoral system (André & Depauw,
2013). The participants of the Regional Representatives Council are individuals
because each province or electoral district has 4 seats and the votes of the losing
contestants cannot be transferred or transferred (non-transferable votes) so the
system used here can be called the District system with many representatives
(block vate). . For the election of members of the People's Representative Council
and Regional People's Representative Council, a proportional system is used with
the Open List Stelsel (Article 6 paragraph (1) of Law Number 12 of 2003), thus
providing an opportunity for voters to be able to directly cast their votes for the
candidate to be elected. In this case, the voter casts his vote to the party, the
candidate at the top has a great chance of being elected because the vote given to
the party belongs to the candidate at the top.
The 2004 general election resulted in a good representative function. The
representative function is ideal if the ratio of the percentage of votes to seats in the
same or close to the same so that the deviation of the proportionality and the
proportionality index are equal or close to one. From the results of the general
election calculation, it is known that the proportionality deviation is 2.4% and the
proportionality index is 0.7%. However, this representation does not show
fairness where the principle of one person one vote one value is not achieved. And
also the integrity function is not very good. Integrity function is measured by
mechanical effects and psychological effects. The mechanical effect is calculated
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Application Of Open Proportional System In Post Amendment Legislative Elections
Basic Law Of The Republic Of Indonesia Year 1945 876
based on the effective number of political parties participating in the election and
the effective number of parties in parliament. While the psychological effect is
seen from the non-representation index (the number of voters who are not
registered and do not use their right to vote) and the party resilience index (the
average age of the party) (Joko Prihatmoko, 2008). In this election, the majority of
seats were led by the Golkar party with 128 seats. Political parties can participate
in elections Next, if you get a minimum of 3% of the total seats in the DPR, two
newcomer parties in the 2004 election were able to get seats, namely the 22-seat
Democratic Party and 45-seat Prosperous Justice Party.
The 2009 general election finally used an open-list proportional system. The
proportional open list means that voters can choose not only the party they like
but also the legislative candidates from that party (Harun Husein, 2014). The
legislative candidate who gets the most votes is determined to be the elected
legislative candidate, regardless of the serial number. The open proportional
system implemented in this general election is a form of political judicialization at
the Constitutional Court through Decision 22-24/PUU-VI/2008. This decision of
the Constitutional Court has also served to reduce the determination of political
parties in determining the elected candidates. The reduced determination of parties
in determining the elected candidates as well as shifting the general election
system from a limited open proportional system to a purely open proportional
system (Fahmi, 2011).
This general election was participated by 44 political parties and a total of
550 seats were contested. The threshold of 2.5% of parties participating in the
election that automatically won tickets for election participants because they
passed the seat threshold in the 2004 general election for these parties was: the
Golkar Party, the Democratic Party, the Indonesian Democratic Party of Struggle
(PDIP), the United Development Party (PPP), The National Mandate Party
(PAN), the National Awakening Party (PKB) and the Prosperous Justice Party
(PKS). This 2.5% threshold can be met by various things and the political parties
that benefit in this case are the Gerindra party and the Hanura party which are new
participants in the election. These two parties not only passed the 2.5% threshold
but also won seats in the House of Representatives. So that it becomes a new party
that can be considered as a contestant in the general election. The results of this
general election put the Democratic party as the winner of the legislative election.
The general election in 2014 used an open list proportional election system,
but it showed widespread violations of money politics. Violation of money
politics is one of the phenomena resulting from the application of an open
proportional system. The open proportional system provides space for candidates
to compete openly with other candidates, both internally by political parties and
between political parties to obtain voters' votes. The impact is the high number of
money politics violations in society. This is a setback to democracy. As for the
2014 general election, 259 cases were consisting of 104 cases of giving cash, 128
cases of giving goods, and 27 cases of providing services (Syahrul Mustofa,
2013). This general election was participated by 46 political parties and a total of
560 seats were contested. Of the 46 political parties, only 10 passed the 3.5%
threshold and the Nasdem party was the only new party that was able to redeem
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the 3.5% threshold. The results of the legislative elections were won by the
Indonesian Democratic Party of Struggle (PDIP) with 109 seats.
In the 2019 election, which elects the President and Vice President
simultaneously by choosing members of the parliamentary party, this is
Indonesia's first national simultaneous general election. The definition of the
simultaneous general election is the merging of executive and legislative elections
in one stage of implementation, especially the voting stage. The goal is not only
budget efficiency, but also to create a concurrent government or avoid a divided
government in the form of a majority seat in parliament that is not owned by the
party or coalition that carries it (Wulandari & Perludem, 2017). The general
election system used is an open proportional system based on the majority of
votes. However, before establishing the system, there was a debate in the
discussion. This is because there are three options related to the proportional
general election system, namely: first, the general election to elect members of the
People's Representative Council, Provincial Regional People's Representative
Council, and Regency/Municipal Regional People's Representative Council are
carried out with an open proportional system proposed by the Gerindra Party, The
National Awakening Party (PKB), the Democratic Party, the United Development
Party (PPP), the National Mandate Party (PAN), the Prosperous Justice Party
(PKS), the Nasdem Party, and the Hanura Party. Second, the general election to
elect members of the People's Representative Council, Provincial Regional
People's Representative Council, and Regency/Municipal Regional People's
Legislative Assembly shall be held with a closed proportional system proposed by
the Indonesian Democratic Party of Struggle (PDIP) and the Golkar Party. Third,
the general election to elect members of the People's Representative Council,
Provincial Regional People's Representative Council, and Regency/Municipal
Regional People's Representative Council shall be conducted with a limited open
proportional system proposed by the government (Lili Romli, 2019). The 2019
general election was attended by 46 political parties and 575 seats were contested
with a threshold of 4%. As many as 27 political parties registered as participants
in the legislative elections, only 9 political parties got seats. The 2019 legislative
election was again won by the Indonesian Democratic Party of Struggle (PDIP).
The author considers that the implementation of an open proportional
system after the amendment to the 1945 Constitution can show variations in the
winners of the general election, namely the 2004 winner of the Golkar party, 2009
winner of the Democratic party, 2014 winner of the Indonesian Democratic Party
of Struggle (PDIP) and 2019 winner of the Indonesian Democratic Party of
Struggle (PDIP). as well as providing opportunities for new parties to participate
in the election contestation, this can be seen in 2004 the presence of the
Democratic party, and PKS, 2009 the Gerindra and Hanura parties and 2014 the
Nasdem party.
Then which of the general elections in 2004-2019 with an open proportional
system is the most ideal? According to the author, among the 2004-2019 general
election systems above, it cannot be said that there is the most ideal one because it
still has shortcomings that must be corrected. For example, in the 2004 general
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election, the general election system was not able to accommodate the people's
votes because if the voters did not vote for the pictures of the political parties, the
votes were considered invalid. The determination of the winner of the general
election is not based on the majority of votes but must meet the vote acquisition of
100% or more from the BPP so that this system is more accurately called a limited
open proportional. In 2009 2014 and 2019 general elections, the elected
candidates are determined based on the majority of votes or known as a pure open
proportional system, but the political costs in this election are very high. In
addition, a significant difference between the 2004-2014 general election and the
2019 general election is the use of different vote counting methods. The 2004-
2014 general election used the hare quota vote calculation method while the
method used in the 2019 general election was the sainte lague method. Where the
hare quota vote calculation method provides an opportunity for small, medium-
sized parties to get seats through the remaining votes, while the sainte lague vote
calculation method is more proportional so that it benefits all parties and the
potential for conflict is low. To find the ideal open proportional system there must
be improvements or solutions to the weaknesses of this system. The most crucial
weakness of the open proportional system is the practice of money politics.
Talking about money politics in election contestations is like reading a
legendary fairy tale but it is difficult to find the fictional side of the story. The
romance of money politics amid the legislative elections is starting to feel like we
political elites have failed to convince the public about the vision, mission, and
program as well as the party's ideology correctly, resulting in people's apathy
towards the legislative candidates being promoted. This attitude then encourages
legislative candidates to use the ultimate move to win back the hearts of their
voters, namely money politics.
The most crucial problems in the general election include the weakening of
party identity and the violation of money politics to gain votes. Of course, this
problem must be resolved so that general election are held following the
principles of direct, general, free, secret, honest, and fair. The author offers a
solution so that money politics does not run rampant, namely as follows: First,
money politics is no longer an open secret and has even become entrenched in
every election, thus it is necessary to raise awareness of the candidates who
participate in elections not to use this method considering that money politics
makes boarding houses. politics becomes expensive which will have an impact in
the future, namely corruption; Second, the public as voters must be smart in
voting so that the candidate chosen is the right person to channel their aspirations;
Third, the role of election supervisors is very decisive and strict sanctions must be
enforced.
Regarding the open proportional election system, it is still worth
maintaining as the joint secretariat revealed several reasons why the open
proportional system is maintained in elections in Indonesia (Romli, 2019),
namely:
1. Improving the relationship between legislative candidates and voters. In an
open proportional system, voters can directly vote for legislative candidates
under the wishes of the voters. In an open list system, voters can directly
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determine legislative candidates according to their wishes without being
determined by political parties. This means that the relationship between
legislative candidates and voters will be closer;
2. The process of recruiting legislative candidates in internal political parties is
still closed, if the electoral system used is a closed proportional system, then
there is no room for voters to select directly legislative candidates by the
wishes of the voters, while with an open proportional system the voters can
decide on the oligarchy of the party;
3. For female legislative candidates, the open proportional system provides
lessons on how to compete in general elections, if the general election system
is changed, then what these women have learned so far will be in vain;
4. The open proportional electoral system can increase the number of women in
parliament. Moreover, this system has encouraged women to engage in
practical politics in the field through various election-winning activities.
5. Completion of the open proportional electoral system is carried out with two
aspects: system and management. In the general election system: first, it needs
to be reduced to 3-6 seats so that candidates and voters can more easily
recognize each other and take responsibility for each other; second, the
variables of the nomination method are emphasized, voters only choose
candidates because choosing a candidate means choosing a political party
because the candidate is proposed by a political party. The ease of voting with
this mechanism will make voters and candidates focus on the campaign.
6. Meanwhile, in the management aspect, improvements were made, especially
in campaign methods. Here the law requires strong interaction between voters
and candidates so that they not only know each other but are also mutually
accountable, namely during the general election and after the general election.
In line with the Joint Secretariat, the author considers that the open
proportional system is still worth maintaining considering that Indonesia is a
multicultural country where each region has its diversity and characteristics so
that with this general election system the people can choose the representatives
they want. However, it is undeniable that the current open proportional system
still needs to make various improvements in the future, according to the author,
the things that need to be improved are as follows:
a) In Law Number 7 of 2017 concerning General Elections Article 21 paragraph
(2) it reads "The DCS Draft as referred to in paragraph (1) contains the image
and a serial number of the Political Party as well as the serial number, name
and recent photograph of the candidate and compiled based on the form: a.
DCS model for DPR members”. The application of an open proportional
system should no longer be used for candidate serial numbers because this will
affect voter opinion. The replacement of the serial number system in the list of
candidates can be replaced by using alphabetical order or by drawing lots.
b) It is necessary to improve the legislative nomination system in Law Number 7
of 2017 concerning General Elections as Article 240 paragraph (1) letter n
states that candidates for DPR members "become members of the Election
Contesting Political Parties". This provision does not state at least how long
the prospective candidate has been a member of a political party. This can
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c) result in political parties in recruiting not seeing the political abilities and
experience of the candidates who register but looking at the existence of
candidates in increasing party electability. Every candidate who will
participate in the legislative election contestation must be a member of a
political party for at least 3 years. A democratic recruitment pattern must start
from within the party, to produce credible and qualified legislative members.
d) In Law Number 7 of 2017 concerning general elections Article 426 paragraph
(1) it is regulated that the replacement of elected candidates for members of
DPR, DPD, Provincial DPRD, and Regency/Municipal DPRD is carried out if
the elected candidate in question: a. die; b. resign; c. no longer meets the
requirements as members of DPR, DPD, Provincial DPRD, or
Regency/Municipal DPRD; or d. Doing money politics or falsifying
documents is proven based on a court decision that has permanent legal force.
However, there are no further provisions regarding the dismissal of elected
candidates by political parties and sanctions for political parties that replace
elected candidates outside the above provisions. It should be regulated in the
Election Law so that political parties do not arbitrarily replace elected
candidates as was the case with Ervin Luthfi who was replaced with Mulan
Jameela. This is done to maintain the purity of the people's voice and the
consistency of the legislative election system that adheres to an open
proportional system.
e) Law Number 7 of 2017 concerning General Elections is regulated in Article
523 (1) which reads "every election campaign implementer, participant, and/or
team who intentionally promises or gives money or other materials in return
for election campaign participants either directly or indirectly as referred to in
Article 280 paragraph (1) letter j may be sentenced to a maximum
imprisonment of 2 (two) years and a maximum fine of Rp. 24,000,000.00
(twenty-four million rupiahs)", in addition to sanctions in the article, it is also
necessary to add disqualification sanctions against candidates who are proven
to have committed money politics through Eintracht court decisions.
B. Formulation of the General Election Concept with an Ideal Open
Proportional System to Realize the Diversity of Voters' Vote
General elections with an open proportional system have been held from
2004 until the 2019 general election. Seeing the implementation of general
elections with an open system from general elections to general elections is still
very feasible to be carried out in the upcoming general election with some
improvements and refinements. The existence of general elections can be a sign of
guarantees for achieving national goals and objectives. When those who are in the
institutions of organizing general elections carry out their duties, authorities, and
obligations according to the General Election Law, they are realizing the
guarantee of achieving national goals and objectives. This is the ethical basis
according to the law, namely desiderata concerning the general election as a
whole, especially about the institutional administration of elections.
As stated in the election law, the national ideals and goals are contained in
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the preamble and implemented in the body of the 1945 Constitution of the
Republic of Indonesia, namely Article 1 paragraph (2) of the 1945 Constitution
places the people as the owner of the highest power in state administration. .
General elections are used to give mandates to state administrators as the executor
of state power regardless of how the system is applied in general elections
(Prasetyo & Marlina, 2019). As Rousseau said, it is the exercise of popular
sovereignty through the will of the law (volunte general). For the people's
representatives to truly act on behalf of the people, the people's representatives
must be determined by the people themselves, namely through a mechanism
called a general election which is the political implementation of the will of all the
people (volunteer de tous). .
In that way, the closeness of the general election to the principle of the
realization of popular sovereignty is reflected through those who are elected as
people's representatives. General elections are a means of changing the abstract
concept of popular sovereignty into concrete things, namely, the people resulting
from the general election are those who represent the people and work for and on
behalf of the people. Therefore, general elections are a way to produce leaders that
involve as many people as possible, as well as a gate of change to lead the people
to produce leaders who can formulate the right policies, to improve the fate of the
people together. In the end, the general election is a means of peaceful leadership
change, which should be closely guarded by the active involvement of the
community in all stages of the general election.
However, what will happen if the people who have elected their
representatives are not able to realize what the people want because the
representatives elected by the people before being appointed are replaced by
political parties who are the carriers. This case occurred in the 2019 general
election. The following details of cases of elected legislative candidates failing to
be inaugurated totaling 6 legislative candidates from the Indonesian Democratic
Party of Struggle and Gerindra Party can be seen in the table below:
Table 1 Elected Legislative Candidates with Most Votes and Failed to Be
Inducted as People's Representatives from the 2019 Legislative Election Results
Politics
Partai
Most Vote Winning Number
Replaced by Number
One with Most Votes
Gerindra
3
Erwin Luthfi
5
Mulan Jameela
4
Fahrul Rozi
Gerindra
1
SigitIbnugroho Sarasprono
2
Sugiono
Gerindra
1
Moh. Nizar Zohro
2
R. Imron Amin
Gerindra
1
Yusid Toyib
2
Katherine A Oe
Gerindra
1
Steven Abraham
2
Yan Permenas M
PDI-P
1
G Micheal Jeno
7
Maria Lestari
2
Alexius Akim
Source: Compiled by Nur Hidayat Sardini in 2020
The dismissal of elected legislative candidates by political parties is the
result of the indecisiveness of Law Number 7 of 2017 concerning General
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Application Of Open Proportional System In Post Amendment Legislative Elections
Basic Law Of The Republic Of Indonesia Year 1945 880
Elections regulating the conditions for the elected legislative candidates to be
replaced by other legislative candidates. As in Article 426 of Law Number 7 of
2017 concerning General Elections, five things allow an elected legislative
candidate to be replaced by another candidate. First, if the legislative candidate
dies. Second, if the elected legislative candidate resigns. Third, if the legislative
candidate does not meet the requirements to become a member of the People's
Representative Council, Regional Representative Council, Provincial Regional
People's Representative Council, Regency/City Regional People's Representative
Council. Fourth, if the legislative candidate is proven to have committed a
criminal act in the form of money politics of document falsification. Fifth, if the
legislative candidate is proven to have violated the campaign ban. The five things
set out above are still general, while the dismissal of elected legislative candidates
who have not been inaugurated by political parties is special.
Nur Hidayat Sardini, a lecturer at the Faculty of Social Sciences at
Diponegoro University, as well as the deputy chairman of the General Elections
Supervisory Agency, said that the causes, in this case, were first, there was
favoritism in the party's legislature so that the party wanted to promote its favorite
legislative candidate by overriding the candidate. other legislatures elected by the
people; second, being dismissed through the party court unilaterally, there are no
procedures in this dismissal process; third, the General Elections Commission as
the administrative organizing body follows up on the party's instructions to
dismiss the elected legislative candidates without any clarification between the
two parties, both the parties and the elected legislative brokers; fourth, the role of
the General Elections Supervisory Body does not exist at all even though this is a
stage of the general election that is included in the realm of the General Elections
Supervisory Body overseeing the implementation of all stages of the election
process.
The impacts arising from this case are: First, it can damage the building of
the general election system because in the general election system that we adhere
to it is very clearly regulated in the law that the determination of legislators is
based on the majority of votes so that there is no right for anyone to change what
has been done included in the law. Second, the people's sovereignty is injured, the
role of the general election system is expected to convert the people's votes into
state administrator seats following what the people want when voting at the
Polling Station but must be inversely proportional to the results of the conversion
of the General Election Commission's products following the wishes of political
parties; Third, destroying the purpose of the general election from a humanitarian
aspect as stated by Jimly Asshiddiqie to implement the principle of citizens'
human rights, namely the right to be elected, this case will create demotivation so
that people no longer have the motivation to become good politicians in the right
way. as well as destroying our tradition of partying which prioritizes the human
aspect.
The solution so that the dismissal of elected candidates do not happen again
needs to be emphasized in the general election law that the General Election
Commission has the duty and authority, the rights and obligations to make the
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Volume 1 Number 9, September 2021
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Basic Law Of The Republic Of Indonesia Year 1945 882
election system's vote acquisition, if a problem is encountered, it needs
clarification. The General Elections Supervisory Body must be involved as part of
the dispute process and the General Elections Commission can ask legislative
candidates to file a dispute process employing mediation or justification. To
realize the concept of general elections with an ideal open proportional system to
realize voter vote sovereignty so that the case of the elected legislative candidate
being dismissed by the party does not happen again in the future, in this case, the
Government in the sense of the House of Representatives and the President
revised Law Number 7 of 2017 concerning Elections, especially in article 426, by
adding editorial requirements for political parties can replace the elected
legislative candidates with other candidates.
This is done to guard the voice of the people who have made their choice
through the general election mechanism and can realize justice for the elected
legislative candidates to maintain their positions that have been chosen by the
people so that political parties do not arbitrarily take away the political rights of
the elected legislative candidates with the argument of internal party problems.
Thus, the existence of an open proportional general election system adopted by
Indonesia is maintained in implementing people's sovereignty so that the pillars of
democracy "free and fair elections" proposed by Dahl are realized.
In addition, the author also considers that there needs to be a change in the
authority of political parties. Considering that political parties have enormous
power, namely recalling their members who are representatives of the people as
regulated in Law Number 2 of 2011 concerning political parties article 16
paragraph 1 letter D which reads "Members of a political party are dismissed from
their membership of a political party if they violate the Articles of Association
and Bylaws” and Paragraph (3) in the same article reads “If the dismissed member
of the Political Party is a member of the people's representative institution, the
dismissal from membership of the Political Party is followed by dismissal from
membership in the people's representative institution following the laws and
regulations”. This recall mechanism must be improved so that the votes of the
people entrusted to their representatives are not eroded by group interests and the
intervention of political party elites. The solution that can be done is by granting
the right of recall by the constituent or constituent recall so that the people as the
constituent who has given the mandate can control the performance of their
representatives and can replace them if they are deemed no longer able to
represent the aspirations of their constituents.
CONCLUSSION
Based on the discussion, it can be concluded that the Implementation of the Open
Proportional System in the Legislative Election Post Amendment to the 1945
Constitution of the Republic of Indonesia is as follows:
a. 2004 election
The implementation of the Open Proportional System in the 2004 election was not
fully implemented because it still required a 100% BPP to determine the value of a seat
for the determination of the elected candidate, if no one could meet the 100% BPP value
then the seat determination returned to the smallest serial number system, so that some
Jamaluddin, Ellydar Chaidir, Efendi Ibnu Susilo
Application Of Open Proportional System In Post Amendment Legislative Elections
Basic Law Of The Republic Of Indonesia Year 1945 884
parties call it a “half-open proportional system”;
b. 2009 election
In the implementation of the 2009 General Election, a candidate was initially
declared elected if the votes he received were at least 30% of the BPP. This provision was
not implemented in the 2009 General Election because it was previously annulled by the
Constitutional Court through Decision Number 22-24/PUU-VI/2008 which was decided
on 19 December 2008, because it was declared contrary to the 1945 Constitution or
unconstitutional so that the decision had no legal force tie;
c. 2014 election
The 2014 election was held with an Open Proportional System and the winner was
determined by a majority vote system without being influenced by the BPP value. In
determining the seats for the winning candidate, it is calculated using the Hare Quota
system calculation method;
d. 2019 election
The 2019 election is the first simultaneous election in the history of elections in
Indonesia by providing 5 choices or 5 boxes at once, namely, the President and vice
president, DPD, DPR, Provincial DPRD and Regency/City DPRD. The basis for holding
the 2019 simultaneous elections is the Constitutional Court Decision Number 14/PUU-
XI/2013. The 2019 general election changed the mechanism for determining the chosen
vote from the hare quota method to a pure sainte league.
Whereas the ideal concept of an Open Proportional Election with an Open
Proportional System in the context of realizing voter vote sovereignty is carried out with
a pure Open Proportional System and in order to maintain voter sovereignty, the recall
system by political parties against elected candidates is carried out strictly and openly and
supervised by election organizers (KPU and Bawaslu).
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