After the Constitutional Court's decision, the rules of the game need to be perfected, what are they?

The Constitutional Court's decision regarding the presidential election dispute left a number of notes that need to be revised so that it does not happen again.

KOMPAS/HENDRA A SETYAWAN

The Chief Justice of the Constitutional Court (MK) and constitutional judge, Suhartoyo (fourth from the left), accompanied by other constitutional judges (from left to right), Arsul Sani, Enny Nurbaningsih, Saldi Isra, Arief Hidayat, Daniel Yusmic Foekh, M Guntur Hamzah, and Ridwan Mansyur, opened the session for the reading of the verdict on the Election Dispute Settlement (PHPU) for the 2024 Presidential Election at the MK building in Jakarta on Monday (22/4/2024).

JAKARTA, KOMPAS — The Constitutional Court's decision regarding the dispute over the presidential and vice presidential election results leaves several notes for improving the election rules. Legislative makers and election organizers need to immediately revise the Election Law along with the technical regulations so that the problems that arose during the 2024 presidential election do not recur.

In legal considerations in the decision regarding the dispute over the results of the presidential and vice presidential elections, the Constitutional Court (MK) provided several corrective notes regarding the implementation of the upcoming general election. Some of them are related to campaigns, the role of the Election Supervisory Agency (Bawaslu), social assistance, and the Recapitulation Information System (Sirekap).

Regarding the campaign, the court highlights the legal vacuum regarding the regulation of activities that can be categorized as campaigning and carried out before the campaign period begins. This is because the regulations in Law No. 7 of 2017 concerning Elections or the General Election Commission (KPU) Regulation do not provide further provisions on all forms of actions and activities that provide support to election participants before and after the campaign period.

In addition, the government and DPR also need to make clearer regulations regarding the rules for state officials who also serve as political party members or campaign team members in carrying out campaigns. According to the court, campaign activities must be carried out separately, not at the same time as state administration duties or overlapping with them.

Also read: The Constitutional Court's Decision Tests the Maturity of the State of Law

KOMPAS/RONY ARIYANTO NUGROHO

A Bawaslu member also participated in the Pleno Meeting for the Vote Recapitulation of the 2024 Election by the General Election Commission (KPU) counting session of the Kuala Lumpur Malaysia Repeat Voting (PSU) in the Main Courtroom of the RI KPU, Jakarta, Monday (18/3/2024).

On the other hand, Bawaslu needs to develop standard operational procedures, proper sequencing, or analytical tools that consider various aspects that constitute an electoral violation, whether committed before, during, or after the campaign period. This is necessary to obtain conclusive findings that have a strong and comprehensive basis for an event allegedly involving electoral violations, even if those findings are conducted by different Bawaslu members.

"The Constitutional Court (MK) has provided some notes for improvement regarding the upcoming general election. Some of them are related to campaigns, the role of the Election Supervisory Agency (Bawaslu), social assistance, and the Recapitulation Information System (Sirekap)."

The court also believes that fundamental changes are necessary in the regulations regarding election monitoring, including the procedures for enforcing them if violations occur at every stage of the election. Bawaslu must be included in the substance of the report or findings to prove whether or not substantial election violations have occurred.

Regarding social assistance (social assistance), clearer arrangements are needed in the distribution of social assistance close to the implementation of elections. Regulations include distribution procedures, including time, place and parties who can distribute it, so that it is not considered an action that can be interpreted as assistance for certain electoral interests.

Audit first

Regarding Sirekap, its technology must be continuously developed so that there is no doubt about the data displayed by Sirekap. Therefore, before Sirekap is used, an audit by a competent and independent institution is needed. In addition, to maintain the objectivity and validity of the uploaded data, the possibility of managing Sirekap by an institution other than the election organizer should be considered.

ARSIP DPR RI

Deputy Chairman of Commission II DPR Yanuar Concerned

The vice chairman of the DPR Commission II from the Party of the National Awakening faction, Yanuar Prihatin, considers it very important to rearrange the campaign regulations for state officials at the level of president or vice president and ministers. Because consciously or unconsciously, they often misuse their authority as officials for electoral purposes. State facilities and instant government programs, such as social assistance and the like, should no longer be misused for practical political purposes.

"The 2024 election provides a valuable lesson that dishonest and unfair elections will give birth to repeated fraud due to abuse of power."

"The 2024 election provides a valuable lesson that dishonest and unfair elections will give birth to repeated cheating due to abuse of power," he said in Jakarta on Tuesday (23/4/2024).

Regarding various notes from the Constitutional Court, he urges for a revision of the Election Law for three things. First, technically, the schedule for special leave for officials must be clearly reaffirmed. The duration of time must be clear, and all leave schedules must be officially reported to the KPU and Bawaslu. During the leave period, all state facilities, such as official cars, protocols, and aides funded by the state, must also be released.

Secondly, heavy sanctions for campaign violations by state officials must be clear, measurable and real. Sanctions are the authority of the Election Supervisory Agency (Bawaslu) and must be complied with by the respective officials if proven to have violated them.

KOMPAS/RONY ARIYANTO NUGROHO

Presidential candidate Prabowo Subianto gave a speech in the midst of a campaign crowd at the Prabowo-Gibran People's Party event at the Gelora Bung Karno Stadium in Jakarta on Saturday (February 10, 2024). The grand campaign event of the presidential and vice-presidential candidates in the 2024 Election was attended by their supporters. In his speech, Prabowo expressed gratitude to his supporters and promised to carry out his programs.

For so long, without heavy and clear sanctions, the president and ministers could influence the people's political choices as they pleased by using state facilities and openly utilizing their authority for electoral purposes.

"Until now, without clear and heavy sanctions, the president and ministers could freely influence the people's political choices by utilizing state facilities and openly using their authority for electoral purposes," said Yanuar.

In addition, the distribution of social assistance, scholarships, land certificates, cash distributions, as well as the inauguration of facilities and infrastructure that impact the community must have their timing rearranged to prevent overlaps during campaign periods.

"The root of the problem must be found for this phenomenon so that the construction of the Election Law can answer this problem," said Yanuar.

KPU member, Idham Holik, stated that all legal considerations from MK will be taken into account for improving the election organization. However, some cannot be immediately implemented as changes must be made through revisions to the Election Law, including regulations regarding campaigns.

"The Constitutional Court conveyed the importance of updating the Election Law several times. So, of course this is the authoritative authority of the law makers. ”

"The Constitutional Court conveyed the importance of updating the Election Law several times. "So, of course this is the authoritative authority of the law makers," he said.

KOMPAS/ADRYAN YOGA PARAMADWYA (YGA)

Craftsmen check campaign props (APK) that will be processed into tables at the Gudskul Rekayasa and Dicoba-coba (GudRnD) production house in the Jagakarsa area, South Jakarta, on Wednesday (2/21/2024).

The Executive Director of the Association for Elections and Democracy (Perludem), Khoirunnisa Nur Agustyati, stated that some of the improvements noted by the Constitutional Court must be made through revisions to the Electoral Law, while others can be done through technical rule improvements by the Election Commission (KPU) and the Election Supervisory Body (Bawaslu). Regulations regarding campaigns must be followed up through revisions to the Electoral Law, while strengthening the Bawaslu and the vote counting system (Sirekap) can also be done through technical rule strengthening.

"In the short term, technical regulation improvements can be made so that the problems that arise in the 2024 Presidential Election do not occur in future regional elections," he said.

"In the short term, technical regulation improvements can be carried out so that the problems that arise in the 2024 presidential election do not occur in future regional elections."

According to him, Bawaslu still has enough time to improve standard operating procedures in handling alleged violations. KPU can also strengthen Sirekap to ensure that problems that arise during the election do not recur during the regional elections.

On the other hand, he is quite optimistic that violations regarding social assistance will not occur massively during the regional elections. This is because the provisions in the Regional Elections Law regulate regional heads not to make policies that benefit or harm any of the candidates. The Corruption Eradication Commission and the Ministry of Home Affairs have also issued a call for local governments not to distribute social assistance before the regional elections.

BIRO PERS SEKRETARIAT PRESIDEN/KRIS

President Joko Widodo handed over government rice reserves (CBP) food assistance to beneficiary communities at the Gudang Bulog Sendangsari in Bantul Regency, Special Region of Yogyakarta on Tuesday (January 30, 2024). During a dialogue with residents, the President said that the aid would be given until June.

Separately, the Chairman of the Department of Constitutional Law at Gadjah Mada University (UGM), Zainal Arifin Mochtar, believes that there are many tasks that must be completed after the decision on the dispute over the results of the 2024 Presidential and Vice Presidential Election at the Constitutional Court. These improvements include reforms in the KPU institution, Sirekap, and also improvement of the supervisory function of Bawaslu.

One of the things considered important by Zainal and agreed upon by the Constitutional Court judges is the improvement of supervision over the President, especially when the indications of violations committed by the head of government are significant.

"We are one of the countries that do not regulate anything when the president wants to run again or if the president cannot be re-nominated but will then participate in the election. The rules regarding the president should be tightened. Unfortunately, we have not done anything about it. Therefore, there is a lot of work to be done," said Zainal.

"We are a country that does not regulate anything if the president wants to run again, or if the president cannot be nominated but will participate in the election later. The rules for the president should be tightened. Unfortunately, we do not do anything about it. So, there is a lot of homework to be done."

Regarding this matter, Constitutional Judge Arief Hidayat also proposed the need to create a Presidential Institutions Law that contains a detailed and specific description of the duties and functions of a president as head of state and as head of government.

Arief also mentioned the 14 working days of the case settlement time. According to him, the time needed to settle the Presidential Election Dispute should be extended, especially when considering the scope of the disputed area, which covers the entire Indonesian region. It is necessary to obtain a rational and proportional period of time for settlement, considering the second round of presidential election and the state schedule in October.

Zainal also mentioned this issue. According to him, since the beginning of the direct presidential election in 2024 until now, there has been no improvement in the patterns of handling election disputes, including the provision of 14 working days. Within that period, there is actually a lot that can be elaborated, but the proof process is forced to be completed in one day. This has resulted in many arguments that cannot be adequately proven and are not accompanied by witnesses. He criticized the flawed proof process.

"I agree with some of what was said earlier about how we have failed or have not been able to present adequate procedural processes to resolve what is called law enforcement in the election process or law enforcement for the democratic process."

"I agree with some of the points that were mentioned earlier regarding how we have failed or not been able to provide adequate legal processes to resolve issues related to the enforcement of election laws or the enforcement of democracy processes," she said.

"Therefore, it is necessary for lawmakers to reform the design of Bawaslu's supervision so that it can effectively carry out its supervisory functions, especially towards violations committed by government officials and state apparatuses with power."

In addition, Arief Hidayat questioned the function of supervision carried out by the Election Supervisory Agency which seemed to be only a formality and procedure. The supervision in question, especially related to allegations of non-neutrality of government officials, has been stated by the Election Supervisory Agency to not meet the requirements both materially and formally-materially.

Also read: Getting to Know the Three Types of Constitutional Court Decisions in 2024 Presidential Election Disputes

However, according to Arief, many instances of misconduct by regional officials and village authorities have been found in various media outlets, especially online media. Bawaslu should not only rely on public reports but actively discover violations committed by regional officials and other government authorities.

"Therefore, it is necessary for lawmakers to reform the design of the supervision carried out by Bawaslu so that it can effectively carry out its supervisory function, especially against violations committed by government officials and state apparatuses who have power," said Arief as he read out his differing opinion.

Regarding Sirekap, Arief considers it important to continue to be developed. In addition, he noted the need for accountability and transparency in the mechanism of Sirekap's use to the public. In his view, Sirekap is one of the important instruments and breakthroughs through technology information media devices to compile the results of the vote count in the 2024 Elections. Sirekap becomes a complementary tool for knowing the results of the vote count on the KPU page so that the public can know the progress of the vote count of each candidate.