MK and Democracy

The basis of the dispute over the results of the presidential election this time is nepotism at the highest level. The Constitutional Court's decision must not deny the spirit of anti-KKN.

Whatever the decision of the Constitutional Court (MK) regarding the dispute over the results of the general election will not only be a matter of law, but also the future of Indonesian democracy. In practice, law and democracy do not have to be intertwined, but this intertwining is a necessity as a path to progress in post-reform Indonesia.

A one-party state like China is not democratic, but its law enforcement is better than Indonesia. China's Corruption Perception Index (CPI) score in 2023 is 42 (76th out of 180 countries). It is not surprising that this country has long been an investment destination for democratic countries and is now one of the countries with the strongest economy. Recently, investment relocation from China targeted Vietnam, which is also not a democratic country with a GPA score of 41 (ranked 83rd).

The GPA score of Indonesia is 34 (ranked 115th), far behind Vietnam by 32 ranks. When compared to Singapore's GPA score of 83 (ranked 5th), which is also not a democratic country, it becomes increasingly clear that there is no correlation between democracy and the quality of the rule of law (in this case, corruption eradication).

Also read: Tackling Intertwined Institutional Corruption

People still dare to invest in Singapore even though the investment costs are high and the profit margins are smaller than in Indonesia, but the level of legal certainty there is guaranteed. Investing in a country that is still entangled in bureaucratic corruption, not only has high costs, but also the business competition climate is unhealthy because the law that applies is who dares to bribe officials.

Reform product

Is it too much to hope for the Constitutional Court to decide on election cases related to democracy? The authority of the Constitutional Court is not only to test laws against the 1945 Constitution and decide on disputes over election results, but also to decide on disputes over the authority between state institutions whose authority is granted by the 1945 Constitution and to decide on the dissolution of political parties.

The Constitutional Court, as one of the offspring of the 2003 reformation (the 78th country in the world to have a similar institution), was the first to be born in the 21st century. After the reformation, elections in Indonesia can only be considered democratic (excluding the 1955 election).

Thus, the Constitutional Court (MK) is also a product of post-Reformation democracy. One of the legal products of reform is People's Consultative Assembly Decree No. XI/MPR/1998 on the Clean and Free from Corruption, Collusion, and Nepotism (KKN) State Administration.

One legal consideration states, "That in the administration of the state, there has been a concentration of power, authority, and responsibility in the President... leading to the ineffective functioning of the highest state institutions and other high state institutions, as well as the limited participation of the community in providing social control in communal, national, and state life.”

The Constitutional Court's legal decision products should not deny the anti-KKN spirit in their considerations and decisions.

The legal decision of Article 2 states, "State organizers in executive, legislative, and judiciary institutions must carry out their functions and duties well and be accountable to the people, nation, and state" and for that reason, "State organizers must be honest, fair, transparent, trustworthy, and able to free themselves from the practice of corruption, collusion, and nepotism".

The legal ruling states that "Efforts to eradicate corruption, collusion, and nepotism must be carried out firmly against anyone, including state officials, former state officials, family members, cronies, as well as private parties/conglomerates, including former President Soeharto while still paying attention to the principles of presumption of innocence and human rights."

Considering the high position of MPR legal products, even the birth of these legal products is driven by the spirit of reform, thus the legal decisions of the Constitutional Court should not contradict the anti-corruption, collusion and nepotism (KKN) spirit in its deliberations and rulings.

KOMPAS/HERU SRI KUMORO

Constitutional Court Building on Jalan Medan Merdeka Barat, Jakarta, Monday (13/3/2023).

Bad legacy

The root of the dispute over the results of this year's presidential election is nepotism at the highest level. Nepotism at the regional and lower levels of government structures has often occurred, becoming a topic of conversation but almost without correction.

Some voters 2024 Presidential Election, including educated people, argue that there is nothing wrong with nominating a presidential son while the father is still in office because similar practices are commonplace everywhere. Convention becomes truth.

With this presidential election, nepotism is already perfect and will be more rampant in the future. The effect of the president's inappropriate involvement in politics is not only on the election results but also on the collapse of the independence of institutions supporting democratic countries. First, the collapse of the independence of the Constitutional Court, which secures the foundation of the state. The chairman of the Constitutional Court pounded a controversial decision that changed the rules of competition.

Also read: MK that starts, MK that ends

Secondly, the collapse of the tripartite independence of election organizers. The General Election Commission (KPU) decided to accept the registration of vice presidential candidates without revising the General Election Commission Regulation (PKPU). That misadministration without correction from the Election Supervisory Board (Bawaslu). In the end, there was a "strong warning sanction" from the Electoral Organizer Honorary Council (DKPP), but it was only given nine days before voting day.

Third, political parties that are very aware of democratic norms also utilize the decision of constitutional defects only for short-term electoral interests (placing their representatives in the parliament). Betrayal within the party environment has also become a vulgar spectacle, carried out by figures who should be exemplary in nurturing party leadership, in order to foster the birth of a new society in accordance with Bung Karno's ideal vision.

Indonesia's progress requires healthy competition in democracy, which will make Indonesia's democratic building stronger and of better quality (not just procedural), producing the best and strong legitimately-elected leaders. It is regrettable that the president leaves a legacy that contradicts the spirit of anti-corruption.

Instead of reducing the defects of the previous election, these defects were exploited and displayed vulgarly. In the midst of our still strong bureaucratic paternalism and feudalism, presidential candidates are destroying the neutrality of their subordinates. There is no need for direct instructions or intervention from the president, good subordinates will capture and translate the president's blessing. It also destroys a free and fair election (Dahl).

A developed Indonesia needs healthy competition in democracy which will make Indonesia's democratic building stronger and of better quality.

Democratic elections are not just about giving the people choices, but like a competition, their implementation must also be free and fair. Free from conditioning by those in power. Voters should be free from intimidation, promises, or coercion outside official campaigns. All contestants start from the same point.

Overtaking at the last corner like Valentino Rossi invited admiration because it was done with a high level of skill, but not with changes to the competition rules. By upholding sportsmanship and skills, championship titles won by athletes who are proven to be doping will be annulled.

The Olympic motto citius, altius, fortius (faster, higher, stronger) is not just a slogan, the result is record after record of breaking sporting achievements. Our democratic elections should get better over time.

Yonky Karman, Jakarta Theological College of Philosophy

KOMPAS/HERU SRI KUMORO

Yonky Karman