STRATEGIC ASSESSMENT. One of the current trending political discourses is the possibility of re-implementing a closed proportional system in the 2024 elections. Indonesia Democracy Party-Struggle (PDIP) together with Yusril Ihza Mahendra who is also the general chairman of the Crescent Star Party agree with a closed proportional system, and on the other hand 8 political parties in the DPR RI have agreed to remain maintain an open proportional system. Yusril has filed a lawsuit with the Constitutional Court (MK) and previously 6 community members also sued the open proportional system to the MK.
The strategic question is whether it is possible for the Constitutional Court to allow the application of a Closed Proportional System in the 2024 Election?
The rejection regarding the closed proportional system continues because many people believe that if it is implemented it will be a setback for our democracy, political parties want to regulate who will sit in the legislative, even though the people should determine who is deemed worthy to represent them from the party to sit in the institution legislature, a closed proportional system similar to the New Order, and a number of other reasons which indirectly show astonishment from many quarters if the system is reinstated, so that the many opinions rejecting a closed proportional system will make the Constitutional Court (MK) reject a judicial review.
The public’s rejection of the discourse on plans to implement a closed proportional system is basically that they do not want to give a “blank check” to political parties without strict supervision. Besides that, this rejection also shows the gradation of progress in the political paradigm of society which is actually the progress of democracy itself which we should be grateful for.
However, society still values that by implementing an open proportional system, society can become a political subject, not just a political object, so that Indonesian democracy will become a substantive democracy and not merely a procedural democracy.
Regarding the open proportional system judicial review lawsuit to the Constitutional Court, there is still a possibility that the Constitutional Court will accept the lawsuit, because it is clear that the Constitutional Court before deciding a case will pay attention to the possibility of new novum (evidence) related to changes in security and political condition and constitutional studies as well as political studies so that the Constitutional Court can finally understand if a closed proportional system will be implemented in the 2024 General Election. Whatever the decision of the Constitutional Court, referring to the Vice President’s statement, all elements of the nation, especially political parties participating in the 2024 General Election must obey it.
It is highly likely that the Constitutional Court will reject the lawsuit for an open proportional system in the 2024 general election, which automatically means a closed proportional system is implemented. This makes sense because political parties that have passed the 2024 general election, such as the Crescent Star Party (PBB, red) through Yusril Ihza Mahendra, have filed a lawsuit, where this lawsuit has strong legal standing. because the PBB feels disadvantaged by an open proportional system on the grounds that it is a new political party, has not yet strong political capital etc or in other words, actually groups that oppose a closed proportional system can be judged as groups that justify the existence of political bribery, swelling the budget of regional election or election participants, regional election winners must pay their debts to political investors and supporters of an open proportional system in the same way that they support the existence of high-cost politics in Indonesia.
The editorial underlined the Ministry of Home Affairs, The General Election Commission (KPU, red), The General Election Supervisory Body (Bawaslu, red), Information and Communication Ministry and Human Rights and Law Ministry must anticipate unexpected damage control from the closed proportional system and open proportional system discourse (Red)
