Many Roads Lead to the General Election

KOMPAS/RONY ARIYANTO NUGROHO

Crescent Star Party (PBB) chairman Yusril Ihza Mahendra (center) with his lawyers and party executive members celebrate a ruling at the Elections Supervisory Agency (Bawaslu) in Jakarta on Sunday night (4/3). The party was declared eligible to contest the 2019 election.

The number of political parties participating in the 2019 general election is increasing. The Indonesian Justice and Unity Party (PKP) has become the latest party eligible to contest the election.

With the PKP’s eligibility, the number of participants in next year’s legislative election is now at 20 parties, comprising 16 national parties and four local parties in Aceh. As it turns out, there are many roads available for political parties to contest the election.

On Feb. 17 this year, the General Elections Commission (KPU) ruled that 14 national parties and four local Aceh-based parties were eligible to contest the 2019 election. At the national level, 10 parties have seats at the House of Representatives, and four are new parties. The Crescent Star Party (PBB) and the PKP were deemed ineligible to contest the election by the KPU. However, the United Development Party (PPP) was later deemed eligible to contest the election by the Elections Supervisory Agency (Bawaslu) in early March. The PKP, which Bawaslu declared ineligible to contest the election, was deemed eligible after all by the State Administrative Court (PTUN). On Wednesday (11/4), the PTUN ruled to order the KPU to issue a decree stating the PKP’s eligibility for next year’s election.

ANTARA FOTO/WIBOWO ARMANDO

Indonesia Justice and Unity Party (PKPI) chairman AM Hendropriyono (center) is carried by party members after a ruling by the State Administrative Court in Jakarta on Wednesday (11/4). The court ruled the party eligible to contest the 2019 election.

Article 471 of Law No. 7/2017 on general elections enables the PKP to file a lawsuit with the PTUN after the Bawaslu ruling. Article 471, Paragraph 7 of the law stipulates that "the ruling of the state administrative court as meant in Paragraph 6 is final and binding and cannot be nullified by other legal actions." Therefore, Bawaslu and the KPU cannot file an appeal or cassation against the PTUN’s ruling. Paragraph 8 reaffirms that the KPU only has three workdays to follow up on the PTUN’s ruling. With this legal logic, the PKP will be participant number 20 of the 2019 election.

The ruling by the PTUN in favor of the PKP shows the public that many roads — at least three are available — lead to the general election. The first is by the KPU ruling, the second is by Bawaslu and the third is by the PTUN. Nevertheless, the PTUN’s ruling of parties’ eligibility as election contestants promotes the idea of distrust of election organizers, namely the KPU and Bawaslu.

As a KPU ruling on election contestants’ eligibility can be nullified by Bawaslu and PTUN rulings, the public may ask questions on the credibility of election organizers, especially in factually verifying the parties. Credibility of election organizers are further questioned when a Bawaslu ruling, made on the basis of a KPU ruling, is nullified by the PTUN.

On the other hand, people can also ask about the preparedness of political parties contesting the election. The PKP and the PBB were originally deemed ineligible by the KPU, but they can be eligible “through other doors”. In the end, neither party fulfills the requirement of the legislative threshold.

General elections are contestations for power. However, the contests must be accompanied with preparedness, both on the parts of organizers and participants. This will prevent brouhahas every time we hold a general election.