It is not only to maintain the existence of a DPD that is trusted and has integrity, but also to ensure elections and democracy that are of a higher quality.
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KOMPAS EDITOR
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KOMPAS/HENDRA A SETYAWAN
Photos of members of the Regional Representatives Council (DPD) are installed in the DPD Building, Senayan, Jakarta, Friday (5/8/2019).
Election participants are political parties for the House of Representatives and Provincial Legislative Council (DPRD), individuals for the Regional Representatives Council (DPD), as well as pairs of candidates for the presidential election, supported by political parties or a coalition of political parties.
According to the constitution, presidential and vice presidential candidates can only be nominated by a party or coalition of political parties for the presidential election. Law (UU) Number 7 of 2017 concerning elections indicates that the election for members of the Regional Representatives Council (DPD) has the same status as the election for members of the DPR/DPRD or the election for president, wapres.
Due to being elected, DPD members are expected to have sufficient legitimacy, capability and independence in fighting for their regional aspirations.
However, in its development, augmenting the existence of the DPD is still one of the political agendas. The issue of strengthening the DPD almost always arises when there is talk of an amendment to the 1945 Constitution. This makes sense because the authority of the DPD is not like the DPR, namely in the area of legislation, for example.
The DPD does not have the authority to approve and pass draft laws (RUU) into law. The DPD is only authorized to propose and discuss certain bills, especially concerning regional autonomy and governance, or to give consideration to bills on the state budget and those related to taxes, education and religion.
The lack of authority and events such as the Corruption Eradication Commission's move in 2016 to arrest the chairman of the DPD (at that time) Irman Gusman hinted that there were other things that needed to be addressed in the DPD.
KOMPAS/AYU SULISTYOWATI
Ballots for the Regional Representatives Council (DPD) in Bali, during the simultaneous elections April 17, 2019.
These various conditions allegedly contributed to diminishing interest in joining the DPD. Currently only 800 people have submitted minimum voter support requirement at the DPD nomination stage in 38 provinces. This number can still be reduced because there is still a registration stage.
Based on data from the General Election Commission (KPU), in the 2019 election there were 807 candidates who were included in the final candidate list (DCT) for DPD members, while in the 2014 election there were 945 candidates, in the 2009 election there were 1,116 candidates, and in the 2004 election there were 920 candidates for DPD members.
In addition to the diminishing interest in becoming DPD members, the nomination for DPD members can be dominated by ex-convicts. This is because the requirement of a five-year waiting period for ex-convicts to become candidates for members of the DPR and DPRD does not apply to candidates for DPD members. Ex-convicts can register as candidates for DPD members even though they have just been released from prison.
This difference in terms not only makes the selection to become a member of the DPD looser and can lead to legal uncertainty, but it can also give rise to the impression that the existence of the DPD, which is one of the results of the third amendment to the 1945 Constitution in 2001, is indeed different from the DPR and DPRD.
This situation makes the decision of the Constitutional Court related to the request for judicial review regarding the waiting period for ex-convicts to become DPD members worth waiting for. It is not only to maintain the existence of a DPD that is trusted and has integrity, but also to ensure elections and democracy that are of a higher quality.
This article was translated by Hendarsyah Tarmizi.
