The term "jockey" is often equated with someone who is smart and agile in conquering his horse in a racetrack. This profession then shifted in a negative connotation, because it was attached to fraudulent practices both in the selection to enter state universities, as well as in the selection of state civil servants. Jockey, now interpreted as a person who represents another person in taking a written exam, with a certain fee.
When the registration stage for Candidates for Legislative Members (Bacaleg) began to open, the issue of political parties using the services of jockeys in filling out the Bacaleg list had also surfaced and received attention from several media. However, Idham Holik, member of the General Elections Commission, dismissed this issue as something that was not prohibited, because the administration and who is the operator is an internal party policy.
Candidate Jockey
The practice of jockeying, which is actually a problem in the registration of Bacalegs, has received little attention. In fact, this problem no one can detect it. What is the Jockey Candidate model?
Here's a simple example. Person A is a young man who has just graduated from high school, registered as Legislators by a political party (eg Party X). During the scrutiny stage of the Final Candidate List (DCT) draft, Party X, through the approval of the chairperson, generally replaces Candidate Si A with Candidate B who has a regional head background. Person A in this situation is only placed as a jockey candidate, with the sole purpose of fulfilling the registration requirements, at least someone fills in the serial number temporarily, because after all the serial number has been set it will be filled in by B.
Textually, juridically, there is no problem with the practice of jockey candidates. This is justified based on Article 81 paragraph (1) letter b and Article 82 paragraph (1) PKPU No. 10/2023 concerning the nomination of members of the DPR, Provincial DPRD and Regency/City DPRD. But try to compare it with the previous nomination PKPU (PKPU No. 20/2018). It is absolutely not permissible for the Party to be replaced at the stage of scrutinizing the DCT draft at the whim and wishes of the party chairperson.
In fact, earlier during the Provisional Candidate List (DCS) stage for DCT, if a male candidate wanted to resign, the party could not make a replacement. This is based on Article 23 paragraph (4) PKPU No. 20/2018.
In the past, I also thought that Article 23 paragraph (4) and paragraph (5) PKPU No. 20/2018 tends to be discriminatory. This provision does not justify substitution for male candidates who resign. In fact, it is permissible to make a replacement if a female candidate resigns.
Then came PKPU No. 10/2023. Based on this KPU law, parties are freed to the widest extent possible to replace their candidates, both those who have resigned or those who are due to the "veto right" of the party chairperson.
Apparently, there is a legal loophole that was deliberately designed by the KPU. This independent institution guaranteed by the constitution instead gives privileges to parties in nominating candidates with ASN, TNI, Polri, regional heads, and legislative members who want to change parties.
This provision presents a number of privileges for election participation. For those who have the obligation to resign from their positions, they have until September 2023. This phase can still get the pleasure of office and salary from the state.
The previous rules did not allow that. If officials have been registered as Bacaleg by their respective parties in last May, they must submit a letter of resignation to their respective superior agencies.
Even more extreme, the conditions for having to step down from office are on average worried by a number of regional heads. Regents or mayors who are encouraged by their party to run as candidates, the Ministry of Home Affairs will process quickly through a letter of dismissal for them.
For this reason, some party elites feel it is important to use the services of "Caleg Jockeys". This is done by depositing the names of young people who can be replaced in the future by those with an average background with a mandatory position to resign in order to meet the requirements for candidates for members of the DPR, Provincial DPRD and Regency/City DPRD.
Violating the Principles
From there, a question arises. Is the Jockey Candidate a form of deviation from electoral principles?
In my opinion, this will obviously result in a waste of the state budget. The rules that favor this party will spend twice the cost of verification. First, verify the replaced candidate. Second, verify the replacement candidate.
If only by using the previous PKPU, the KPU and its instruments could save budget. Candidates who are obliged to resign, can be forced through regulations to register from the start. They are not allowed to use the services of jockeys, because of personal interests and the lust of their proxies, who are still reluctant to leave their old positions. It is clear that in this case, justifying the replacement of candidates at the stage of scrutinizing the DCT draft violates the principle of electoral efficiency.
In addition, it is commonplace and common for transactional practices to occur between candidates through buying and selling serial numbers. By placing jockey candidates during the registration and submission of prospective candidates, who can detect all of this, including the Election Supervisory Body (Bawaslu). It becomes difficult to qualify as an election crime (political dowry), if between the replaced candidates, replacement candidates and their parties share money with the object of buying and selling in the form of serial numbers. Again, the flexibility of replacing candidates in PKPU is far from the principle of honest and fair elections.
Like it or not, PKPU candidacy is now filled with many problems and crucial issues. Starting from the issue of representing 30 percent of women trimmed with non-affirmative rounding numbers. Elimination of the obligation to report assets for candidates. An exception is the five-year break for ex-convict candidates who have received additional sentences of revocation of political rights from the court. Candidates can move electoral districts. So that candidates with the status of ASN, TNI, Polri, regional heads, and candidates with the status of members of the DPR, Provincial DPRD and Regency/Municipal DPRD are nominated by parties that are different from the parties represented in the DPR, Provincial DPRD or Regency/City DPRD. All of this doesn't need to be crossed out, it doesn't need to be cancelled, even though one day before the appointment of the DCT it didn't submit its decision to terminate it. []
DAMANG AVERROES AL-KHAWARIZMI
Legal practitioners
