M. Yamin Panca Setia

The End of Oligarchy Elites Political Party


SEVERAL political party elites complained the constitutional court’s verdict, on Tuesday (23/12). “It was doomsday for political party,” said Bambang Wuryanto, the Vice Secretary Faction Indonesia Democratic Party of Struggle (PDIP) in the house of representative. He deplored after knew the Constitutional Court revoked consecutive numbers rule according the 2008 election law.

Lukman Hakim Saefuddin, the Chief of Unity Development Party (PPP) Faction in house representative also said, the verdict court is unfair, and can made Indonesia democration be more liberal.

But, Indonesia reality politic to forward liberal democration not yet. He also predicted only elites who have big money can be win in politic competition. “It’s unfair,” said the Commision III House Representative.

“We aren’t ready to implementation liberal democration,” he added. Political elites parties, especially whose has been adopted consecutive numbers rule to legislative election unagreed the court verdict. But, they must to follow cause the court verdict is final and tie for all.

The constitutional judges assessed, consecutive numbers rule in the law No.10/2008 is contradiction with the 1945 Constitution. “It is unconstitutional because contradiction with subtantive purpose people sovereignty and justice mentioned in Article 28D (2),” said the Chief Constitutional Court Mohammad Mahfud.

Several others appreciative after Constitutional Court revoked consecutive numbers rule according the 2008 election law, cause made more better democracy for the people of
Indonesia.

The candidate who dreams be legislative members must can get majority votes. The people hope that the party power brokers don't again try to subvert the process of direct elections. They may not be comfortable with the people having the power to vote for and elect the candidate of their choice.

Many Indonesian citizens supported the Constitutional Court ruled that seats in the nation’s legislatures would go to the candidates who secured the most votes.

The court unanimously agreed to revoke two articles in the 2008 election law concerning the way legislative seats are distributed. The constitution court has moved better democracy bodyguard.

“I appreciated. The court decision is very democratic,” said law observer Irman Putra Siddin. “That decision has made people’s interest recovered,” said the former the Constitutional Court Jimly Asshiddiqie, on Wednesday (24/12).

The Chief of General Elections Commissions (KPU) Abdul Hafiz Anshary also
appreciated with the court verdict. That decision more descrease jobs for KPU when decide legislative candidate who will the legislative members.

“Legislative candidate chosen by the majority votes, therefore no one be aggrieve,” said Hafiz in Jakarta, Wednesday (24/12). Amien Rais, the founder of National Mandate Party (PAN) said, consecutive numbers rule design by the house representative has made people tricking.

Hafiz also said, KPU will to plan KPU regulation about the legislative decision according the majority votes. “KPU followed the constitutional court decision and made KPU’s regulation about legislative chosen decision. We are still discussing,” he said.

According Hafiz, many problems must arranged after court decision. He give example about how to decision legislative chosen if have two candidate get same votes, but just one chair for them,” he said.

KPU also more intensive to publish about new legislative chosen regulation to public. KPU will made encyclic for KPU in all Indonesia region. The court’s verdict also as fighter oligarchy elites party, so that made different political mapping in this country for 2009. But, Ray Rangkuti of Civil Circle for Indonesia (LIMA) worried about court decision can buy and sell or transaction votes done by rich candidate.

“The District Election Committee can be place vote transaction deal,” he said. Rangkuti warned The Monitoring Election Body (Bawaslu) and citizen to involved as controller about vote transaction deal.

Others opinion mentioned by the members of women representative Yudha Irlang from The Women Move Advocate Democracy of Pancasila. She complained court verdict cause made defeat women struggle to be success reprensentative women in parliament.
"The court decision has defeated women struggle,” she said.

Election Law has accommodated women representative in parliament cause has decisioned 30 persent qouta for women who will be legislative member. The Constitutional Court revoked consecutive numbers rule according the 2008 election law made allocated women is not significant.

From many critic, the court decision is spectacular. The constitutional judges has destroyed elites politic party oligarcy. The constitutional court has moved be locomotive for law reform.

“We will continue to create for law in this country,” Mahfud stressed. The former of Defance Minister in Abdurahman Wahid President said, he didn’t care about many negative critic from someone who aggrieved by court decision.

The negative critic and sceptic always flowed to the judges after they published decision. In conflict vote calculation in region election for example. Some people has announced if the judges like calculator to calculate votes region election. The court should assessed about several problems in region election process.

“Is the court just as calculator to calculate vote dispute has calculated by KPU,” said Consortium for National Law Reform chairman Firmansyah Arifin.

He remained the courth should interprete again about court’s function and authority. When the Meeting Talk with 22 political party who be participant in the general election 2009, Mahfud said, the regional election violation or legislative election and president election used base for judge when will made decision vote calculation dispute.

"The facts of violantion be base for us to consider in vote calculation dispute. So that, give us truth facts,” said Mahfud.

M. Yamin Panca Setia

Photo: Tempo