People Have the Right to Vote

A survey by Litbang Kompas, the research arm of Kompas daily, conducted from 25 January to 4 February 2023, showed the majority of respondents want to vote for legislative candidates directly.

FAKHRI FADLURROHMAN

Deputy Chairman of Commission II DPR RI Junimart Girsang (left from below) shakes hands with KPU Chairman Hasyim Asy'ari at the DPR Commission II building, Monday (6/1/2023).

The results of the survey published in Kompas daily on Monday (6/3/2023) showed 78 percent of respondents who vote for political parties on average prefer to vote for legislative candidates directly, as is practiced in an open-list proportional representation system. The results align with the majority of House of Representatives factions, who also prefer to maintain the open-list system. The people have the opportunity to vote for candidates they know, like and believe to be able to convey and fight for their aspirations.

In this survey, only 17 percent of respondents were willing to fully surrender the election of candidates to political parties. Meanwhile, a small number of respondents were unsure due to a variety of considerations.

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Article 353 of Law No. 7/2017 concerning the elections allows voters to vote for the image of the party and/or the name of the candidate on the ballot. Of course, if one were to vote for both, the candidate chosen must be from that party. This means voters cannot vote for candidates from different parties.

Although the results of the survey align with the views of most lawmakers, the open-list system, which has been implemented since the 2009 elections, is currently being reviewed. The Constitutional Court (MK) is still holding a trial for the implementation of a closed-list system in the upcoming 2024 elections. Each electoral system has its own pros and cons.

KOMPAS/HENDRA A SETYAWAN

Simulation activities for voting and counting of votes for the 2024 election at the General Elections Commission office, Jakarta, Tuesday (22/3/2022).

Those who support a closed-list system are of the view that political parties are responsible for putting forward quality representatives of the people. This system eliminates unhealthy competition between candidates within a party, including the practice of buying and selling votes. In this case, parties also have to finance campaigns in legislative elections. On the other hand, those who oppose this system believe the people have the right to vote and thus the people must determine their own representatives. The open-list system encourages candidates to approach the citizens to gain votes. Legislative candidates also have to finance their own campaigns, which leads to competition between party candidates.

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> The Old Story of the General Elections System

Article 1 Paragraph (2) of the 1945 Constitution states, “Sovereignty rests with the people and is exercised according to the Constitution.” The democracy adopted by this country is defined as of the people, by the people, for the people. As the holder of sovereignty, it is the people who have the right to elect their representatives in the legislative and executive.

Article 22E Paragraph (6) of the Constitution also regulates further arrangements of the elections through laws. This means neither an open- or closed-list system violates the 1945 Constitution. The people are the ones with the right to vote. Political parties must facilitate the people’s rights by presenting the best cadres.

This article was translated by Kesya Adhalia.