The Supreme Court (Mahkamah Agung or MA) is urged to promptly decide on the judicial review of Election Commission Regulations (PKPU) Number 10 and PKPU Number 11 of 2023. These two PKPUs regulate the exemption of a 5-year waiting period for former corruptors, which is in conflict with Constitutional Court Decision (MK) Number 56 of 2019. The decision of the Supreme Court is expected to be reached before the final candidate list (DCT) for the legislative elections is determined and followed up by the Election Commission (KPU) through the revision of the PKPU. Clean candidacy from former corruptors, is a fundamental right of voters as the owners of democratic sovereignty, to be exercised in the 2024 Elections.
"If it’s counted from the time we submitted the judicial review to the Supreme Court, by the end of July, the Supreme Court should have made a decision. So, once that decision is made, there's a high possibility that the number of names that have been mentioned by ICW won't be as numerous," said Kurnia Ramadhana, a researcher at Indonesia Corruption Watch (ICW), during an online press conference titled "Pesta Pora Mantan Koruptor dalam Pemilu 2024: Mahkamah Agung segera Memutus Uji Materi PKPU 10 dan PKPU 11 tahun 2023” [The Festivity of Former Corruptors in the 2024 Elections: The Supreme Court Urgently Decides on the Judicial Review of PKPU 10 and PKPU 11 of 2023" (9/5).
ICW, Perludem, and two former leaders of the Corruption Eradication Commission (KPK), namely Saut Situmorang and Abraham Samad, have submitted their petition since June 12, 2023. Kurnia is urging the Supreme Court (MA) to promptly decide on the judicial review of these two Election Commission Regulations (PKPU). This is because the Supreme Court plays a crucial role in rectifying the mistakes made by the Election Commission (KPU). Furthermore, the Supreme Court's decision on PKPU 10 and 11 of 2023 has the potential to breathe new life into the anti-corruption efforts.
"Article 76 of Law Number 7 of 2017 on General Elections regulates the mechanism for challenging Election Commission Regulations (PKPU). Paragraph (4) of this article clearly limits the time frame for the Supreme Court to decide on the judicial review of PKPU suspected of being in conflict with the Election Law."
“The Supreme Court is of utmost importance in safeguarding the integrity of the elections, preserving the voters' right to be presented with qualified and high-integrity candidates," said Kurnia.
ICW's findings reveal that a total of 15 names convicted of corruption are listed as election candidates at the national legislative level (DPR and DPD). Another 24 former corruptors' names are participating in legislative candidate contests for provincial and regency/city legislative councils (DPRD). Election Commission Regulations PKPU 10/2023 and PKPU 11/2023 appear to roll out the red carpet to welcome their nominations."
PKPU 10 and PKPU 11 clearly show that the KPU has sided with former corruptors, as they have actually opened the door wide for these former corruptors to run as representatives of the people in the upcoming February 2024 Elections," he said.
As of the writing of this, there is still no news regarding the Supreme Court's decision on the judicial review of PKPU 10/2023 and PKPU 11/2023. Fadli Ramadhanil, a researcher from the Association for Elections and Democracy (Perkumpulan untuk Pemilu dan Demokrasi or Perludem), expressed disappointment. As one of the petitioners for the judicial review, Perludem is disappointed with the legal framework established by the Election Commission (KPU). On the other hand, Fadli believes that the Supreme Court, as the front line in reviewing KPU regulations, lacks the sensitivity and vigilance needed to ensure the integrity of the electoral process.
I'm not sure if the Supreme Court leaders or the judges examining the case haven't heard, haven't followed, or haven't read the public debate about the errors in the Election Commission's regulations in formulating the requirements for former convicts to become legislative candidates. This has been widely discussed by the public for months," said Fadli.
"Election Commission Regulations PKPU 10/2023 and PKPU 11/2023 establish candidacy requirements for former corruption convicts without having to wait for a 5-year hiatus. These requirements seem to be 'bartered' just because the former convicts have completed their additional punishment in the form of the revocation of their political rights."
The KPU’s Misguided Steps
The election campaign period will only begin on November 8, 2023, and end on February 10, 2024. However, posters and billboards of legislative candidates are popping up like mushrooms during the rainy season, plastered on nearly every street in both urban and rural areas. This is also being done by legislative candidates who are former corruption convicts. With full confidence, these former corruptors are freely participating in the contest as prospective legislative candidates who can be voted for."
According to Fadli Ramadhanil, this is happening due to two factors. First, the KPU stubbornly created a flawed legal framework. Second, the Supreme Court is not sensitive to the fact that in the midst of the electoral process, there is an urgency to promptly decide on regulations to prevent prolonged errors.
"Actually, the situation we expected to ensure the integrity of the electoral process from the beginning, with the establishment of a technical legal framework by the election organizers, has turned out to be very dire as it is today," he said.
Fadli is concerned that the Supreme Court (MA) might intentionally delay its decision close to the deadline for finalizing the list of candidates (DCT) in November. This is because, looking at the judicial review regarding the requirement for 30% representation of women in each electoral district, the Supreme Court has not yet issued its decision. However, one of the crucial indicators for a democratic electoral process is the presence of a well-implemented legal framework and law enforcement. According to Fadli, this is not being met in the 2024 concurrent Elections.
"The legal framework appears to be not followed, disregarded, and even circumvented. This is what we hope for, and we are requesting and pressing for the Supreme Court to promptly decide on this case and grant what has been requested by ICW, by Perludem, and by two former leaders of the Corruption Eradication Commission, Mr. Saut Situmorang and Mr. Abraham Samad," explained Fadli.
In his notes, Fadli mentioned that the Constitutional Court's Decision 56/2019, which required a 5-year waiting period for former corruption convicts, had been applied in the 2020 Regional Head Elections. In fact, now the Election Commission (KPU) seems to deviate from the Constitutional Court's decision. It's as if the KPU wants to save certain political figures or individuals who have not yet completed the waiting period but still want to participate in the contest.
PKPU 10/2023 and PKPU 11/2023 Pose a Threat to Re-Election
Efforts to remind the KPU of its mistakes are continuously being pursued. One of them is to request the Constitutional Court (MK) to also 'remind and reprimand' the KPU regarding the nomination of former corruption convicts in the election, which could lead to its cancellation."
"Don't think of this as just a problem in the nomination process. If this continues and reaches the stages of voting, counting, recapitulation, and the declaration of election results, if there are people who are dissatisfied or object to the election results, or if any party loses, they could use this error as a pretext to annul the general election results. So, the Election Commission (KPU) needs to start thinking ahead to that point," said Fadli.
Fadli's statement is reminiscent of the lawsuit in the 2020 Boven Digoel regency election. Yusak Yaluwo's victory was challenged because he had not yet completed the 5-year waiting period. The Constitutional Court (MK) disqualified his win and ordered a re-election at all polling stations (TPS) without including the Yusak Yaluwo and Yakob Weremba pair.
"So, our last request to the Supreme Court is to promptly decide on this matter and grant what has been requested by the petitioners so that this waiting period requirement returns to its constitutional decision as previously determined by the Constitutional Court. This is actually aimed at ensuring that the election process maintains its integrity in accordance with the existing laws," concluded Fadli.
Remember the Purpose of Elections
Former KPU member Ida Budhiati stated that the role of the Supreme Court is to promote the establishment of a corruption-free government. This aligns with the aspirations of holding elections.
"In the Electoral Law Number 7 of 2017, it is explicitly stated that the purpose of our elections is to achieve an election process with integrity, which, in turn, leads to a clean and corruption-free government, of course," explained Ida.
Ida added that an election with integrity, as outlined in the Electoral Law, needs to be supported by a redesign of the concept of electoral justice. For example, the Supreme Court, as the institution empowered to resolve election disputes, should promptly issue a decision regarding a judicial review of KPU Regulations suspected of being in conflict with the law. This is stipulated in Article 76, paragraph (4) of the Electoral Law. The urgency of MA's prompt action, as outlined in the Electoral Law, is also governed by judicial power laws to ensure legal certainty, justice, and public benefit.
"So, in my opinion, the faster the Supreme Court (MA) works, the greater its benefits will be. If we all hope for the integrity of the election results and the emergence of a clean and corruption-free government," she said.
Therefore, Ida added, there is no other way for the Supreme Court but to correct the KPU regulations and implement the Supreme Court's decisions within the nomination deadline. MA is expected to understand why the Electoral Law specifically regulates the mechanism for resolving election disputes, especially regarding disputes over PKPU regulations and Election Supervisory Body (Bawaslu) regulations that are deemed to be in conflict with higher provisions.
"Yes, the goal is nothing but to realize an election with integrity and a government that is free from corruption," concluded Ida.
Ida hopes that the Supreme Court's decision will be issued promptly, providing an opportunity for election candidates with integrity to present themselves to the public. This is because it is a fundamental right of citizens to have the best candidates who represent the interests of the voters as the owners of sovereignty. []
NUR AZIZAH
Translated by Catherine Natalia
