Makalah Hukum Internasional: The Correlation Between Open Proportional Elections And Political Corruption In Indonesia
FELA USWATUN KHASANAH
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Correlation between Open Proportional Elections and Political Corruption in Indonesia
Indonesia is a democratic country based on a democratic system of government. The Preamble of the 1945 Constitution is proof that the Indonesian state is a democratic state, which reads “then compile the Independence of the Indonesian Nationality in a Constitution of the State of Indonesia, which is formed in an arrangement of the Republic of Indonesia, which has the sovereignty of the people….” (A fragment of the fourth paragraph of the Preamble of the 1945 Constitution). As a democratic country, in its actualization, Indonesia has several characteristics that show commitment to the principles of democracy, one of which is general elections or elections.
General elections (elections) are one of the important pillars in a modern democratic system. Elections are a mechanism used to elect representatives of the people and state leaders through popular votes. Through elections, citizens have the opportunity to participate in the political process, express their political preferences, and influence policy formation. Elections provide equal opportunities for all citizens to participate and contribute in choosing their representatives. Everyone has equal voting rights and can cast their vote without discrimination based on gender, race, religion or other social background.
Elections are also a means of determining political leadership. Through elections, voters can choose the candidates they believe best represent their interests and aspirations. This process provides legitimacy to elected leaders and ensures a peaceful and orderly transfer of power. Elections also play a role in promoting political accountability. Elected candidates must be accountable to the electorate for their actions and carry out their duties in accordance with their mandate. If they do not meet the expectations of the electorate, subsequent elections provide an opportunity to replace representatives who did not fulfill their promises or violated public trust.
Elections in Indonesia have come a long way since the Dutch colonial period to this modern era. During the colonial period, the first general election in Indonesia was held in 1918.
The election was held to elect members of the Volksraad, a representative body established by the Dutch colonial government. Then in the era of Indonesian independence, after the proclamation of Indonesian independence on August 17, 1945, Indonesia adopted a parliamentary democracy system. The first general election in the independence era was held in 1955, known as the 1955 General Election. The election was to elect members of the People’s Consultative Assembly (MPR) and Parliament. During the Old Order period in 1959, the parliamentary democracy system was replaced by Guided Democracy under President Soekarno.
Elections in this period no longer took place regularly and democracy experienced significant restrictions. After the fall of Soekarno in the New Order era, Soeharto rose to power in 1966 and ruled for more than three decades. During the New Order period, elections were governed by laws that favored the Golkar party, the government party that dominated the government. Elections were considered a formality and political freedoms were restricted. Until 1998, the reform movement spread across Indonesia after the fall of the Suharto regime. Elections became one of the main focuses of change in building a more inclusive and transparent democracy. The first post-Reformasi general election was held in 1999, which was a free and fair election with wide participation from various political parties. Since then, elections in Indonesia have been held regularly every five years.
The electoral system underwent several changes, including the introduction of direct presidential elections in 2004. Elections in Indonesia have become increasingly open, transparent and supported by adequate regulations to protect political integrity and freedom. In the current era of post-reform democracy, since reformasi, Indonesia has held regular elections and involved wider participation from various political parties. The 1945 Constitution of the Republic of Indonesia is the basic state constitution that regulates the democratic system in Indonesia.
In general elections, there is a system as the main component in maintaining and developing democracy in this country. As a democratic country, Indonesia has a complex electoral system that continues to evolve in line with social and political changes. Indonesia’s electoral system has undergone several changes since independence, with the aim of improving representation, public participation and electoral integrity.
Indonesia’s electoral system is based on the principle of proportionality, whereby the allocation of seats in parliament is distributed proportionally based on the number of votes obtained by political parties. Currently, Indonesia uses a proportional electoral system with a seat allocation method using the Sainte-Laguë or Modified Sainte-Laguë method. This method ensures that political parties that obtain more votes will get more seats in parliament. This
system aims to ensure fairer and more proportional political representation, where each vote has equal weight in determining political representation.
Historically, Indonesia has recognized two forms of proportional systems, namely the open proportional system and the closed proportional system. Open and closed proportional system elections are two approaches used in the electoral system in many democracies. Both systems have their own advantages and disadvantages, which need to be considered in the context of politics, culture and voter preferences. Open proportional system elections are systems where voters can vote directly for candidates, not just political parties.
One of the main advantages of this system is better representation. In open elections, voters have the freedom to choose candidates based on their individual qualities, ideologies, or backgrounds. This allows voters to feel more connected to their representatives and increases trust in the political process. Open systems also provide opportunities for independent candidates or those from smaller parties which is more difficult in closed electoral systems. In this respect, open proportional representation elections can result in greater transparency as voters can see which candidates they have voted for and monitor their activities in parliament.
However, open proportional representation elections also have drawbacks. One of them is political fragmentation. In an open system, small political parties have a better chance of gaining seats. This can result in a parliament consisting of many small political parties that find it difficult to form a majority or a stable government. This kind of political fragmentation can hinder efficient decision-making and make it difficult to form stable coalitions. In addition, open systems can also lead to the personalization of politics, where voters focus more on individual candidates than on the political parties themselves. This can reduce the power of political parties and make voters pay less attention to party programs and platforms.
On the other hand, closed proportional system elections are systems where voters only vote for political parties, not individual candidates. The advantage of this system is political stability. In closed elections, larger political parties have a greater chance of gaining seats. This allows for the formation of a clear majority and a more stable government. In addition, closed proportional system elections can strengthen the role of political parties in articulating their platforms and programs. Voters can easily identify parties based on their ideologies, making it easier for them to make choices that match their political values.
However, closed proportional elections also have their drawbacks. One of them is the lack of individual representation. In a closed system, voters do not have the ability to directly
elect candidates. This can reduce individual representation and make voters less satisfied with the performance of their representatives. In addition, closed systems can also lead to the dominance of large political parties and reduce political diversity. Larger political parties can become very dominant, preventing smaller parties from competing. This can reduce political alternatives for voters and hinder the development of new political parties that may bring innovative ideas or needed changes.
Indonesia currently uses an open proportional system for the election of legislative councils of the DPR, Provincial DPRD and City DPRD which is based on Law No.07 of 2017 article 168 paragraph (2) which reads “Elections to elect members of the DPR, Provincial DPRD, and Regency / City DPRD are carried out with an open proportional sister”. However, reflecting on the 2019 elections, the open proportional system is considered to trigger the growth of political corruption in the legislative ranks.
Political corruption is the abuse of political power by government leaders for personal gain and political corruption also means committing acts of corruption to maintain power. In simple terms, political corruption is an act against the law and morals due to the abuse of power and authority owned by a government official only for his personal interests, his group, or other parties who seek economic and political benefits.
Political corruption has a very serious and detrimental impact on society and the state. Political corruption refers to corrupt practices that occur within the political sphere and includes abuse of power, extortion, bribery, misuse of public funds, and other corrupt acts related to political and governmental processes. Political corruption undermines the integrity of the political system and affects public trust in political institutions.
The open proportional electoral system is considered to have contributed greatly to cases of political corruption in Indonesia. This system is considered to provide opportunities for legislative and legislative council candidates to commit political corruption. In an open proportional system, political parties have the freedom to determine the order of candidates in their lists. This can create opportunities for candidates who have great wealth or political capital to rank high on the list of candidates, while candidates who are more qualified or have strong public support can be marginalized. This practice can lead to bribery or vote-buying.
Money politics is closely associated with open proportional system elections. Open proportional system elections can encourage the practice of money politics. Political parties or parliamentary candidates can use large funds to influence voters by providing financial or
material rewards to voters in the form of social assistance, infrastructure projects, or other promises. This can undermine the integrity of elections and compromise democratic principles that should be based on free and fair elections.
Open proportional systems also allow political parties to raise significant campaign funds. When the use of campaign funds is not transparent or properly monitored, this can provide an opening for political corruption. Campaign funds that are not properly recorded or used for private interests can affect the integrity of elections and encourage corrupt practices.
In an open proportional system, political parties that gain seats in parliament have access to public budgets and the power to make political decisions. If political parties or members of parliament misuse this power for personal or group interests, this can be considered a form of political corruption, which will be very detrimental to society and the state both materially and immaterial.
As a result of the 2019 general election, many legislative officials have been found to have committed acts of political corruption. This has led to reconsideration of the general election in 2024. Although it is clearly written in Law No.7/2017 in Article 168 paragraph (2) that the election of candidates for legislative members of the DPR and DPRD is carried out in an open proportional manner, it does not rule out changes to the system. The Constitutional Court (MK) has received an application for a judicial review of Article 168 paragraph (2) of the Election Law related to the open proportional system registered with case registration number 114/PUU-XX/2022 on November 14, 2022.
By reflecting on the past, the 2019 general election, and the state of the political field in parliamentary seats, it can be concluded that the open proportional electoral system adopted by Indonesia has a correlation with lawless acts in the form of political corruption as a shortcoming of this system. The implementation of an open proportional electoral system with the most votes in Indonesia is intended to produce people’s representatives who are accountable and close to their constituents.
However, political parties need to strengthen the political recruitment and regeneration system to avoid instant recruitment based on popularity, in order to avoid the emergence of karbitan legislative candidates. The open proportional electoral system has the potential to lead to political corruption among DPR and DPRD members due to the high cost of politics during elections and money politics, which considers the sitting of DPR and DPRD members in parliament as a place to seek economic benefits or ‘return on campaign capital’.
Political corruption can be minimized by strengthening election administration in the prevention, monitoring and prosecution of money politics. Efforts to prevent political corruption require comprehensive and sustainable action. Some steps that can be taken include
- Strengthening oversight and law enforcement institutions to fight political corruption.
- Increase transparency and accountability in the management of public funds and elections.
- Encouraging active public participation in political and government oversight. – Implementing strict ethical rules for public officials and politicians.
- Strengthen anti-corruption education and awareness of the negative impacts of political corruption.
- Active public participation in political monitoring, election supervision and reporting corrupt practices is necessary. Communities can also form advocacy organizations, conduct anti-corruption campaigns, and promote a culture of integrity and accountability.
Eradicating political corruption is a shared responsibility of the government, law enforcement agencies, civil society, and all elements of society. With a united effort, it is expected to reduce the level of political corruption and build a cleaner, more transparent and accountable political system.
REFERENCE
Intani, A. (2023) ‘Analysis of the closed proportional implementation plan in the 2024 election’, Indonesian Journal of Advanced Research, 2(3), pp. 161–172. doi:10.55927/ijar.v2i3.3454.
Pratiwi, D.A. (2018) ‘Sistem Pemilu proporsional Daftar Terbuka di Indonesia: Melahirkan Korupsi Politik?’, JURNAL TRIAS POLITIKA, 2(1), p. 13. doi:10.33373/jtp.v2i1.1235.
Riwanto, A. (2015) ‘Korelasi Pengaturan Sistem Pemilu proporsional Terbuka Berbasis Suara Terbanyak Dengan Korupsi Politik di Indonesia’, Yustisia Jurnal Hukum, 4(1). doi:10.20961/yustisia.v4i1.8624.
Sarjana, P., Pendidikan Islam, M., Mahmud Yunus Batusangkar, U., & Barat, S. (n.d.). BULLET : Jurnal Multidisiplin Ilmu Mengenal Sistim Proporsional Terbuka Di Indonesia Menuju Pemilihan Umum Tahun 2024 Titony Tanjung. In Tahun (Vol. 2, Issue 1). https://journal.mediapublikasi.id/index.php/bullet
Khairunnisa,Siti. Maulida, Fatimah, Sistem Proporsional Terbuka dan Tertutup pada Pemilu di Indonesia serta Kelebihan dan Kekurangan
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