Demonstrators set fires amid clashes outside the House of Representatives building in Jakarta on Aug 22, 2024 during a protest against a move to reverse the Constitutional Court's decision altering eligibility rules for candidates in regional elections later this year. - Photo: AFP
JAKARTA: Calls are growing for the General Elections Commission (KPU) to showcase its commitment to the Constitutional Court, after the House of Representatives sought to undercut the court’s changes to the Regional Elections Law, in order to favour the alliance of President Joko “Jokowi” Widodo and his successor Prabowo Subianto.
Tensions came to a head after lawmakers allied with President Jokowi and president-elect Prabowo rushed through draft legislation on Wednesday (Aug 21) that would annul two recent rulings issued by the Constitution Court, which maintained age limits and took steps to ensure more competitive races in November regional head elections.
The power struggle between the House and the Constitutional Court sparked anger across the nation, with a wave of protests erupting on Thursday in multiple major cities in defence of the judicial institution and in protest against what demonstrators described as a move designed to hobble any opposition to the ruling coalition.
Amid the widespread protests, the House canceled its plan to pass a controversial bill designed to stymie the court ruling on Thursday evening, citing a lack of quorum during its plenary session earlier that day and the insufficient time to hold another plenary before the opening of registration for the November elections next Friday.
The House’s decision to scrap its plans to reverse the Constitutional Court’s decision, however, might not put an end to the public discontent, with suspicions lingering that lawmakers may still try to pass the legislation before the two-day registration for the gubernatorial and vice-gubernatorial candidates begins.
"Simply declaring that the passage of the regional elections bill was canceled did not immediately solve the problems that have arisen.
"There is still a chance the bill could be discussed again," said Khoirunisa Nur Agustyati, executive director of election watchdog the Association for Elections and Democracy (Perludem).
Moreover, “the reason behind the cancellation of the bill’s deliberation that was conveyed was because they failed to reach a quorum in the plenary session and because it was already too close to the registration date, not because of their awareness that we must uphold the Constitution,” Khoirunisa told The Jakarta Post.
The Constitutional Court on Tuesday significantly lowered the minimum percentage of the vote required to nominate candidates in November’s regional election, potentially opening the door for popular politician Anies Baswedan and other opposition candidates to run.
On the same day, the court also maintained the minimum age requirement of 30 at registration for candidates in a gubernatorial election, which would make President Jokowi’s 29-year-old son Kaesang Pangarep ineligible for the upcoming gubernatorial elections.
In May, a controversial Supreme Court ruling stipulated that the minimum age for candidates running in a gubernatorial election was 30 years old at the time of inauguration, opening the way for Kaesang to run, as he will turn 30 in December, after the election but before any inauguration.
The Constitutional Court's ruling on Tuesday had been celebrated as the rebirth of the court as the guardian of democracy, after its much-criticised ruling enabling Gibran Rakabuming Raka, the eldest son of the President, to become Prabowo's running mate.
Kaesang had planned to run in the gubernatorial elections in either Jakarta or Central Java.
The NasDem Party had earlier nominated Kaesang to run as a deputy governor candidate alongside Ahmad Lutfi, the three-star police general who has been nominated to run in Central Java.
After the nationwide protests, however, Prabowo's Gerindra Party said Ahmad would run with former Central Java deputy governor Taj Yasin Maimoen.
"It is an honor for me to partner with Taj Yasin Maimoen to run in Central Java," said Ahmad on Friday at the Gerindra office in Jakarta.
He said that Gerindra, along with the Onward Indonesia Coalition (KIM), the group of political parties that supported Prabowo-Gibran in February’s election, would not nominate Kaesang, because of "political issues".
The ball is now in the KPU’s court as to whether to follow the Constitutional Court’s rulings, as the commission has only until Friday, when candidates will be able to register for the November polls, to revise the election regulations, particularly the passages on the candidacy requirements.
Speaking in a press conference, KPU chairman Mochammad Afifuddin on Friday pledged to issue a new regulation based on the Constitutional Court's last two decisions before opening registration, noting the KPU would seek to follow “the prevailing mechanism” in drafting regulations or laws.
Afifuddin said the commission would consult first with House Commission II, which oversees home affairs, and the government on Monday over the key subjects being revised in the election regulations before they are certified, claiming that it sought to avoid “sanctions”.
"Because in the past, when we failed to hold consultations due to one thing or another, we were declared guilty of an ethics violation by [the ethics council] and given a strict warning as a sanction," Afiffudin said.
“This consultation is purely our effort to be disciplined in following procedures.”
Critics, including pro-democracy activists and election observers, have called on the KPU to uphold its integrity and independence by not relying on its consultation with either the House or the government in issuing a new regulation on the candidacy requirements for November’s elections.
“The KPU should be able to be independent, since the Constitutional Court has read out its decision, that is what the KPU should use as a reference in drafting its regulations.
The KPU does not need to be confused about which legal basis to use because the Constitutional Court's decision is final and binding,” Khoirunissa said.
Hadar N. Gumay, a former KPU commissioner and executive director of elections watchdog Network for Democracy and Electoral Integrity (Netgrit), said the KPU should seek to increase public trust in the institution by committing to abide by the Constitutional Court’s rulings.
"[Now] is the moment where [the KPU] can show to the public that as an election institution it is independent and its actions are in accordance with the Constitution; that it upholds its responsibility to ensure the regional elections are held honestly, fairly and democratically,” Hadar said.
An invitation for a closed-door meeting of representatives of the KPU, House Commission II and the government from Saturday until Monday has been circulating among journalists, in which the agenda includes discussing the Constitutional Court’s decision and the age requirement in the election regulations. - The Jakarta Post/ANN
