Second, according to the minutes of Constitution amendments, the choice of electoral system for the election of DPR and DPRD members is not singular. At the end of the 33rd ad-hoc committee meeting of the People’s Consultative Assembly’s Working Body (BP MPR), chairman Slamet Effendy Yusuf delivered a summary of the proposals that came up during the meeting. With regard to DPR and DPRD elections, it was mentioned that, “The issue with electoral system emerged and was briefly debated whether it should it be proportional, district-based or mixed.”
At MPR’s 5th Annual Plenary Session in 2001, chaired by M. Amien Rais, the discussion on general elections resumed. The factions conveyed their views. S Massardy Kaphat from the Indonesian Unity and Nationhood (KKI) faction said: “The system to elect representatives should be more advanced to allow the people to choose not only party’s logo but also the candidate so a proportional system is the better one going forward. It will be even more democratic if individual candidates are also allowed to participate.”
Third, even though the petitioners requested judicial review on the nine norms relating to the unconstitutionality of an open proportional electoral system, the technical matters in its implementation go beyond those nine norms. The regulatory framework for an open proportional system also manifests in the design of political party participation, campaign models, voting rights, certification of electoral votes by the KPU (which still includes parties and candidates), and law enforcement (especially with regard to vote buying).
Last but not least, it is very likely in the future that there will be an evaluation or modification of the electoral system choice. If MK limits the choice in only one system, it will have an impact on upcoming elections in that there will be difficulties in making necessary adjustments and improvements.
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Red lines
Therefore, if we look at some of the most recent decision by the MK, it is a constitutional choice for MK to hand over this domain to the legislators. However, it needs to provide guidelines for them regarding the principles in choosing an electoral system as what it has ruled on simultaneous election model.
In its decision, it is also important for MK to emphasize the consistency of electoral system choice alongside the various technical variables that come with it so there will be no ambiguity in its implementation. For example, the use of electoral numbers and the option to vote for parties in an open proportional system with a popular vote is irrelevant. Ruling on the electoral system will give MK the momentum to strengthen its role as the guardian of the Indonesian constitution and democracy.
Therefore, MK must be able to prove its independence and not get dragged into the tug-of-war of partisan politics which can erode its credibility and public trust. Of course, MK won’t be that reckless.