Politics in Indonesia is being enlivened (again) with the issue of the electoral system, whether open or closed proportional. The open proportional election system contained in the Election Law Number 7/2017 was sued by one of the members of the Indonesian Democratic Party of Struggle or PDIP, Demas Brian Wicaksono. The open proportional system is considered by the petitioner to be contrary to Article 22E paragraph (3) of the 1945 Constitution which states that the participants in the elections for the People's Representative Council or DPR and Regional DPR or DPRD are political parties.
The debate is getting hotter with the involvement of various parties as relevant parties in the judicial review at the Constitutional Court. The Association for Elections and Democracy or Perludem is one of the civil society organizations that has volunteered as a relevant party.
Women's groups also participated in discussing the impact of open and closed proportional electoral systems on women's representation in parliament. In the discussion “Navigating Women's Representation in Open and Closed Proportional Systems” (8/3), political women activist groups shared their opinions.
In the discussion, University of Indonesia constitutional law scholar Titi Anggraini explained that the choice of an electoral system must start from the election purposes to be achieved, for example to make government effective and increase women's representation. Election purposes are not stated in the Election Law Number 7/2017.
“Article 4 of the Election Law does not mention about the purpose of elections. It only mentions about the purpose of election arrangements. It should be the purpose of the election. For example, whether election wants to be built to make the government effective, or also for example the representation of women. Law Number 12/2003 states the objective of women's representation, but Law Number 7/2017 has shifted," explained Titi.
In addition to the election purposes, to choose an electoral system also ideally pays attention to these ten things. One, considering representation or representativeness. Two, making election easy to use and meaningful. Three, enabling peace. Fourth, facilitating effective and stable governance. Five, the elected government is accountable. Six, voters are able to supervise elected representatives. Seven, encouraging political parties to work better. Eight, promoting control by the legislature. Nine, being able to make the electoral process sustainable. Ten, take a notice to international standards.
Disagree with the election system decided by the Constitutional Court
“It is too complex if the electoral system is handed over to the Constitutional Court, because the electoral system brings detailed technical consequences, which the 9 constitutional judges will not be able to formulate in the political judicialization process they are handling," Titi emphasized.
The option of electoral system has technical implications. The Constitutional Court's decision Number 22, 24 of 2008 which applies an open proportional system does not touch on technical variables such as the synchronization of voting methods and the implications of voting which still allow party symbols.
"Unfortunately the KPU (General Election Commission) also at that time did not provide technical details regarding the technical implications of the petitioners' petition," said Titi.
Referring to Book 5 of the General Election discussion on constitutional amendments, the election system for the DPR and DPRD is not specified in the constitution because decisions related to the electoral system did not get full approval. Thus, the constitution provides flexibility to legislators. The constitution only clearly defines the presidential election system.
"I do not support the Constitutional Court determining the electoral system, because that could be a trap for us. Because the Constitutional Court, in the midst of hundreds of systems, can be trapped in declaring whether this is constitutional or not, and we will instead have difficulties in the future, having to make adjustments or breakthroughs," Titi added.
She believes that the Constitutional Court will not grant the proposed electoral system request. The consistency trend of the Constitutional Court so far, the Constitutional Court views the electoral system as an open legal policy.
The fundamental problem of women's representation is the political system
Chairwoman of Cakra Wikara Indonesia (CWI), Anna Margret, concluded that the problem faced by women is not the electoral system, but a political system that is not in favor of the principle of equality. Strengthening political parties and women's politics is needed to be able to increase women's representation, both quantitatively and qualitatively.
"So, no matter what the electoral system is, if it is run on a political system that is not in favor of equality, it will be difficult. If the system is closed, we must have very good relations with the party, because it is the party that decides. If the system is open, money politics is rife, but in politics, money politics is inevitable. It's only different in form, scale, and media access in reaching the phenomenon," explained Anna.
However, Anna pointed out that in elections with an open proportional electoral system, the percentage of women's votes continues to increase. In the 2009 election, women candidates for legislative members won 22 percent of the vote. Election 2014, 23 percent. 2019 election, 24.01 percent. The data portrays that women have strong legitimacy from voters. Voters choose to vote directly for women candidates rather than political parties.
“It looks like a slight increase, but this is a positive trend because it continues to rise. Now we have to direct it to transformative women's politics," said Anna.
As of March 8, 2023, the percentage of women's representation in the DPR RI is 20.52 percent. The number has increased with the inter-time replacement of members.
Coordinator of Maju Perempuan Indonesia (MPI) Lena Maryana Mukti emphasized that women must be ready for any electoral system. The most important thing is to manage each constituency to keep maintaining closeness with constituents.
"The readiness of women candidates for the 2024 Elections must also be taken care of. Don't get fuss with the electoral system. Because, it's difficult for us, we don't have enough power in parliament to regulate laws that provide more benefits for women's representation in parliament, “ concluded Lena. []
This article is translated by Catherine Natalia.
