Restoring DPD’s Dignity

ANTARA FOTO/RIVAN AWAL LINGGA

Regional Representatives Council (DPD) chairman Oesman Sapta Odang (second right) links hands with General Elections Commission (KPU) chairman Arief Budiman (right), Elections Supervisory Board (Bawaslu) chairman Abhan (second left) and DPD deputy chairman Nono Sampono (left) during the DPD’s meeting with the KPU and Bawaslu on Tuesday (24/7/2018) at the Senayan legislative complex in Jakarta. The meeting discussed the Constitutional Court decision on party caretakers who could not run for election to the DPD.

Indonesia’s general elections are carried out according to the principles of “direct, general, free, confidential, honest and fair” as stipulated by Article 2 of Law No. 7/2017 on General Elections.

The Indonesian Language Dictionary (KBBI) defines “fair” as “of equal weight; not lopsided; impartial”, while it defines “(social) justice” as a collaborative work that produces a society of organic unity with all members possessing equal and real opportunities to grow and to progress in life according to their inherent abilities.

In its ruling on Monday (23/7/2018), the Constitutional Court (MK) restored the essential principle of the elections, that of fairness, in its decision on a judicial review of Article 182 of Law No. 7/2017. The article mandates the requirements for a Regional Representatives Council (DPD) candidate. The court’s justices ruled that DPD members may not hold concurrent positions as political party executives.

The MK stated that the ruling was in keeping with point (I) of the additional explanations to Article 182, which stipulates that DPD members may not be public accountants, lawyers, notaries public, land officials and/or suppliers of goods and services whose work involves state finances, or work in any other profession that may raise conflicts of interest with their duties, authority and rights as DPD members in accordance with prevailing laws. The court expanded upon the phrase “any other profession” to include political party executives.

The MK ruling appears to reflect current conditions. More than 70 of the DPD’s 132 members are party members and executives. DPD Speaker Oesman Sapta Odang chairs the People’s Conscience Party (Hanura), while several DPD members resigned from their parties prior to the 2014 election, but remain party members. Their election campaigns were primarily supported by party supporters and members, even though the DPD was established to comprise non-partisan regional representatives – representatives who are not nominated by political parties and do not promote the party line.

The court’s ruling is expected to restore the DPD’s dignity as a body of regional representatives in keeping with the addendum to the General Elections Law, which states that the general elections are held to uphold the principle of public representation and to elect representatives who possess quality and trustworthiness and can effectively fulfill the functions of the legislature.

The ruling is fair, as it gives equal opportunity to all to run for the legislature. This is unlike the present-day conditions, wherein party executives are also members of the House of Representatives, the Regional Legislative Council (DPRD) and the DPD. This is akin to the constitutional justice as I Dewa Gede Palguna revealed: the People’s Consultative Assembly (MPR) consists of double representation, as political parties are represented in both the House and the DPD.

With the court’s latest ruling, it can only be hoped that DPD members of the 2019-2024 term can focus fully on fighting for the aspirations of the people in the regions they represent. They will no longer be burdened by party interests.