(021) - 296 - 082 - 04 Contact@SidinConstitution.co.id

Part 2: Presidential Threshold Removal, “Kiss The Ring” of President?

Presidential Threshold Removal, “Kiss The Ring” of President?

by A. Irmanputra Sidin (Part 2)

PhD in Constitutional Law, Constitutional Lawyer

In the Part 1, I have told a little “story” about Presidential Removal, so in this part,  I will continue to answer the remaining question about it, of course, based on my expert testimony on ruling hearing of constitutional court,  approximately  more less twelve years ago (2013, March 14th).

Furthermore, In my expert testimony, I had explained  concern about , one of the  politics reason from political branch as a lawmakers,  that, if the election implementation with model simultaneous and integrated election at the same times, will made many pairs of presidential candidate so It will be difficult to determine which pair will be elected to hold presidential power.  But even though It’s like that, the Presidential election in  2004 and 2009, which has three and five  pairs of presidential candidate, and a pair of presidential candidate elected is Susilo Bambang Yudhoyono with whoever went to be his pair.  Why “social politics situation” could determine presidential elected, not so complicated as  government or legislative branch imagined, because, SBY is the only one candidate who was the most popular and electability person as a presidential candidate. This condition depict , even though so many pairs of presidential candidates, all pairs will be elected as a President elected depends on their electability until D day of the election day.

The other reasoning from the lawmakers, why no needs for simultaneously and integrated election, because all presidential power need supported from majority political parties who are parts of the ruling party in DPR. But actually, after SBY elected with his pair, SBY  as a president build a new political power, to  support his presidential power as a President from DPR. SBY  made agreement with mostly political parties, even with political parties that did not support him as a pair of presidential candidate on the election process. The political agreement or political contract, known as “joint secretary” or “sekretariat gabungan”. But the question is, is it “joint secretary” has made our democracy building stop thriving or to be silenced? Actually, in SBY era as a president, there was so many dynamics of politics happened, or u may call “highest disturbances politics”, or I may call, “checks and balance” still on going processed.

                                                 Source: ANTARA                                                                    

That is politics !. The politics move and thrives  depends on their intention and situation that was happened in national or international  discourse. In a nutshell, the politics does not depends on the choice how model election system will be embraced, for example,  simultaneously and integrated election system or politics day to day in the relation with presidential power often  does not depends on the number of presidential candidate pairs  will eligible as a contestant.

So, what kinds of  the political message of constitution  to us about Presidential Power and election system, even only one political parties and minority in parliament to support  a pair of presidential candidate, after candidate, elected, they can build a new political power. This is all caused , all the power to execute the laws include budgeting,  rely on who hold  the presidential power.   All of state budgeting include DPR budgeting , even political parties budgeting and then predominantly policy to determine the direction of economic development, it means so many giant company (national and international) will   rely on and, even “kiss the ring” of President elected.

All the reasons  I explained above, all the intention “politically needs” from lawmakers, to make exclusivity right to propose a pair of presidential candidate with presidential threshold and maintaining unsimultaneously election between executive branch and legislative branch, indeed not proven. All the reasoning from the lawmakers,  it is just like “nightmare” from the lawmakers. So what is the solution, in my expert testimony in at hearing court at twelve years ago, we have to re execute constitutional based on “constitutional purification”. We have to read meticulously according article 22E UUD 1945 which is state clearly that “the General elections shall be conducted in a direct, general, free, secret, honest, and fair manner once every five years. General elections shall be conducted to elect the members of the DPR, DPD, the President and Vice-President, and the Regional People’s Representative Council.

Source: Press Bureau of the Presidential Secretariat

It means  that  we do not have to divide  all of  the elections from all the branch power,  five times, but constitution actually determine  only “once every five years”. And this system will make all the political parties who has hold a ticket as a participants of the election will be automatically hold the right even obligation to propose a pair of presidential candidate  (article 6A UUD 1945).

Then, finally constitutional court dicided at Thursday, January 23th, 2014, to fulfill Effendy Gazali petition, the court declared that  general election will be execute simultaneously and integrated at the same times but would be implemented at  2019. But, political reality, presidential threshold still as a part of condition for all political parties until election 2024. This is, not because political parties in the parliament disregard to the constitutional decision, because The Court itself in legal consideration stated that presidential threshold  still authority of lawmakers, even though the court add phrase in legal consideration  “as long still according  the constitution”,  But firmly and clearly Presidential Threshold still constitutionally binding.

And then now, after twelve  years,  Constitutional Court decided to remove presidential threshold, Presidential Threshold nowadays, violated the constitution,  it means that all political parties has the right to propose presidential candidate, in every general election.  So, maybe, so many question after this ruling, what’s the impact for the thriving politics of Indonesia in the relation of intertwine between politics and constitution? We will continue the next part of this “story”. Thanks…

Jakarta January 9, 2025

#irmanputrasidin #sidinconstitution #presidentialthreshold

0
Would love your thoughts, please comment.x
()
x