Lupa Kata Sandi? Klik di Sini

atau Masuk melalui

Belum Memiliki Akun Daftar di Sini


atau Daftar melalui

Sudah Memiliki Akun Masuk di Sini

Konfirmasi Email

Kami telah mengirimkan link aktivasi melalui email ke rudihamdani@gmail.com.

Klik link aktivasi dan dapatkan akses membaca 2 artikel gratis non Laput di koran dan Majalah Tempo

Jika Anda tidak menerima email,
Kirimkan Lagi Sekarang

A Political Acrobatic  

Translator

Editor

1 August 2018 14:44 WIB

TEMPO.CO, Jakarta - Political pragmatism is on the rise in the run-up to the registration period for the 2019 presidential election. Using all means available, the coalitions supporting and opposing President Joko Widodo are putting together their ideal candidate teams. Political maneuvers have led to an awkward response: Jusuf Kalla has asked the Constitutional Court for a legal review so he can run for the vice-presidency a third time.



The legal challenge on the right to be re-elected was initially submitted by the United Indonesia Party (Perindo). At the hearing, the constitutional judges took the view that the party’s legal case was weak as it had not been harmed by the limit. This was because Perindo was simply considering Jusuf Kalla as a vice-presidential candidate. In order to strengthen the legal standing, Kalla then stepped forward as the plaintiff.

Kalla’s hand was forced by an unhealthy political situation. The democratic process is constrained by the presidential threshold rule. Candidates need support from several political parties. Jokowi the incumbent, who has ample support, is taking advantage of this. Along with the parties supporting him, he seems to be waiting to see who his opponents choose before settling on his choice for running mate So far, only Prabowo Subianto has declared his intention to run for the presidency. But he is still busy trying to recruit parties to support him, as well as seeking a running mate.

These competing strategies have compelled certain groups to team up Jokowi with Jusuf Kalla once again. This pairing is seen as difficult to beat. It is predicted that the Jokowi-Kalla candidacy will defeat Prabowo-Agus Yudhoyono, Prabowo-Anies Baswedanandother pairings.



Kalla is known for his flexibility when facing opponents-especially those who portray themselves as representing Muslim voters. The assumption that Jokowi is unpopular with Muslims has, unfortunately, gained credibility

Complicating the situation in addition to Kalla’s personal ambition has been the parties supporting Jokowi, in particular, the Indonesian Democratic Party of Struggle (PDI-P), which have encouraged Kalla to run for re-election. Some party leaders have presumed that because of his age, Kalla would not run for the presidency in 2024-which would allow the PDI-P to nominate one of its own members. The problem is that Kalla’s plan faces a legal wall. He was vice president under President Susilo Bambang Yudhoyono from 2004 to 2009.

This simulated contest triggered a hasty legal challenge. Perindo’s argument that Article 169c of the General Election Law contradicts the Constitution is very weak. The article in question reads "has never served as president or vice president for two periods in the same position." This does not contravene the Constitution because it simply repeats one of its provisions, only in different words.

Article 7 of the 1945 Constitution states that the president and vice president serve for five years, and can subsequently be reelected for the same position for one more period. The word "subsequently" cannot be interpreted as only applying to a person serving two consecutive terms. The opinion of Jusuf Kalla’s legal team seems rather contrived. They are now taking the view that the term limit as cited in the Constitution, only applies to the president, not the vice president.

If it is granted, the legal challenge could lead to the rise of political oligarchies. Term limits for the president and vice president, as cited in the first amendment to the 1945 Constitution, are to prevent a repeat of the authoritarian New Order regime which turned a blind eye to corruption, collusion and nepotism. And the same trend that led to ending term limits also led to their imposition on regional leaders, despite the fact that this is not in the Constitution.

The Constitution allows for limits on reelection. Article 28J reads, "In exercising their rights and freedoms, every person must be subject to the limits laid down by law." Based on this principle, in 2010 the Constitutional Court rejected a legal challenge to the term limits for regional heads.

To ensure consistency, the Constitutional Court must look at the results of previous legal reviews before ruling on the challenge put forward by Perindo and Kalla. If the principle of term limits is ended, many former regional leaders will stand again in regional elections. The Court must not create new norms by ignoring the Constitution and setting a bad precedent that would damage the governance of the state.




Read the full article in this week's edition of Tempo English Magazine 




 






Many Brokers in Indonesian Politics

6 jam lalu

Many Brokers in Indonesian Politics

Parties supporting Prabowo Subianto are vying for ministerial posts. There is a wish to see the PDI-P join the coalition.


Election Fraud in a Neighboring Country

1 hari lalu

Election Fraud in a Neighboring Country

Seven members of the Kuala Lumpur PPLN are proven to have inflated the number of voters for the 2024 elections.


Because the State Is Not an Entrepreneur

2 hari lalu

Because the State Is Not an Entrepreneur

The government plans to accelerate the privatization of state-owned enterprises. Stop paying out budget funds for state companies.


Ignoring the Rights of Indigenous People

3 hari lalu

Ignoring the Rights of Indigenous People

Indigenous people are taking legal action against the President and the DPR for delaying deliberations of a bill. It has taken second place to the int


BTN Syariah's Acquisition of Bank Muamalat

7 hari lalu

BTN Syariah's Acquisition of Bank Muamalat

The government is to combine BTN's Sharia business unit with Bank Muamalat. This could lead to problems.


Lackadaisical Disaster Mitigation

8 hari lalu

Lackadaisical Disaster Mitigation

Hydrometeorological disasters hit a number of areas in Indonesia. Ironically, mitigation efforts are not yet a priority.


Child Pornography Syndicate in Indonesia

9 hari lalu

Child Pornography Syndicate in Indonesia

The crime of child pornography is continuing to spread. Perpetrators can operate from inside the jail.


Jokowi's Hand in the Golkar Party

10 hari lalu

Jokowi's Hand in the Golkar Party

Jokowi has ambitions to take control of the Golkar Party. It is his new way to stay relevant to those in power.


The Backers of Illegal Tin Mining

13 hari lalu

The Backers of Illegal Tin Mining

The Attorney General's Office is investigating alleged corruption over tin mining permits in Bangka Belitung.


The Importance of the Right of Inquiry

14 hari lalu

The Importance of the Right of Inquiry

Jokowi is taking Indonesia right back to the start of the Reformasi era. The right of inquiry could be a way to save democracy.