Citizens Action : Ahead of Simultaneous Local Election, A Judicial Review of Local Election Statute is submitted to Constitutional Court

A few months ahead of first phase local general elections, five recidents from  South Tangerang City submitted a judicial review of Statute of Local Election 2015 to Constitutional Court. Those who submitted are Mohammad Ibnu, Fahatul Azmi Bahlawi, Octianus, Iwan Firdaus, and Muhammad Rizki Firdaus. The five recidents are accompanied  by the advocation team from Mata Hati Legal Aid Institution (LBH Mata Hati). There’s a certain article in the statute which very potential to both violate constitutional rights of the citizens, and emerging massive fraud in local elections, which will of course, create more filthy politicians to be participated in local government. Referred article is article number 158 paragraph (1) and (2) pertaining to submission of local election dispute petition to Constitutional Court is limited to variance number of voters not more than 2%; 1.5%; and 0.5% in accordance with the population of related local area.

So that when a certain candidate which has been elected by the people and should be raise up as the winner in local elections later become lose because of the fraudulences which carried out by another candidate with massive variance in number of votes, such as 2,5% or more, it cannot be proven through constitutional court because of the limited submission of local election dispute to Constitutional Court. This is weaken the authority of Constitutional Court to issue verdict on local election dispute, and Constitutional court becomes no longer independent and is diminished in its role as guidance and the only interpretor of Constitution.

According to Mustolih Siradj, a Vice Chairman of Indonesia Advocate Association branch Tangerang, local elections is a transfer mechanism of the people’s authority to the state through government and local government. Because through local elections, people can vote for their preferred candidate which assumed as a trustworthy and competent figure to implement their aspirations and to take control in people among the diversity in our nations. The limitation in submission of the dispute, will vividly diminish the democratic enforcement, and people’s participation in elections as voters.

Meanwhile, For the suppliants itself, the article is not complying principles of Regulation Establishment and inconstitutional to The Constitution of Republic of Indonesia Year 1945, as well as contradictive to the context of a state law. This article is potentially violate one of well-known legal principle equality before the law, and obtain protection in impartiality attempts.

Furthermore, if only legal loophole in this article  is realised by our politicians and of course will be, an apocalypse of our political practice is counting down. Massive and structured manipulation in local elections will emerge preponderant dirty politics in entire region. We know that to reach central government there’s a hierarchy in political career. When the basic way to gain authority is fulfilled with irresponsible, unaccountable, and unintegrity demeanour, it is nearly impossible to embody good governance at central government in Indonesia. Eventually, our nations will bear their future and beloved archipelago to incompetent, greedy, and tyrant  leaders and representatives.

P.S : Original script is in Bahasa Indonesia, and made by Advocation Team of LBH Mata Hati.  This press release is translated independently to English by myself, with necessary  change without terminating its essential message. Writer is an entrant in Legal Aid Training which is conducted by LBH Mata Hati.

*jangan salah paham untuk para pembaca, penulis bukan maksud sok-sokan berbahasa inggris, hanya berusaha meningkatkan kemampuan menulis dalam bahasa indonesia maupun inggris. Karena bahasa juga jendela dunia, hehehe