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Juridical Analysis of Open Proportional Systems in the Election System in Indonesia According to Law No. 7 of 2017 concerning General Elections in the 2019 Legislative Elections

Introduction

The open proportional system in general elections in Indonesia is a crucial aspect of the country's electoral system, as regulated in Law No. 7 of 2017. This system has been the subject of much debate and discussion, with some advocating for its adoption and others pushing for a closed proportional system. The decision to maintain or change this electoral system will have significant implications for the quality of legislative candidates and political parties that compete in parliament. Furthermore, it will impact the pattern of party systems and campaign strategies implemented in Indonesia.

In this context, the present study aims to provide a comprehensive juridical analysis of the open proportional system in the context of general elections in Indonesia, based on Law No. 7 of 2017. The study will examine the application of the open proportional selection system, particularly in the 2019 legislative election, and explore the challenges and opportunities arising from this system.

Background

The open proportional system in Indonesia is a unique aspect of the country's electoral system. This system allows voters to choose their preferred candidates, rather than being limited to voting for a specific party list. The system is designed to provide opportunities for legislative candidates to be closer to the people and to promote accountability and representation.

However, the open proportional system also has its challenges. One of the main concerns is the potential for political costs to increase, which can lead to problems such as the practice of buying and selling votes. Additionally, the system may weaken the role of political parties, as they may lose legitimacy from the community and their role as a forum for political recruitment.

Formulated Problems

The present study aims to address the following formulated problems:

Why did the General Election System in Indonesia choose an open proportional system in Law No. 7 of 2017?

The open proportional system was chosen as a means of promoting accountability and representation in the legislative elections. This system is designed to provide opportunities for legislative candidates to be closer to the people and to promote a more direct relationship between voters and their representatives.

How is the implementation of parliamentary threshold in the open proportional system in Indonesia?

The parliamentary threshold in the open proportional system in Indonesia is set at 3.5% of the total votes cast. This threshold is designed to ensure that only parties that receive a significant number of votes are represented in parliament.

What is the campaign funding system in an open proportional system in Indonesia?

The campaign funding system in an open proportional system in Indonesia is based on a combination of public and private funding. Parties and candidates are allowed to raise funds from private donors, but they must also comply with strict regulations regarding campaign finance.

Research Methods

The present study uses a normative legal research approach with a descriptive methodology. The primary data used comes from official regulations and documents related to the general election system in Indonesia. Secondary data are collected through library research techniques that are relevant to the research theme. All data are then analyzed using qualitative data analysis methods.

Research Result

The results of the present study show that the application of the open proportional selection system is more appropriate compared to a closed proportional system. This is because the system is open in accordance with the characteristics of the people's sovereignty adopted by Indonesia. This system is expected to produce more accountable people's representatives and close to their constituents.

However, the application of the open proportional selection system also has the potential to weaken the role of political parties. In this system, political parties may lose legitimacy from the community, as well as their role as a forum for political recruitment. This leads to lack of political education and community participation. Campaign costs in this system tend to increase, which can trigger problems such as the practice of buying and selling votes.

Conclusion

From the juridical analysis conducted, it can be concluded that although the proportional system is open to provide opportunities for legislative candidates to be closer to the people, challenges related to political costs and the role of political parties must still be considered. This election system reform needs to be done carefully so as not to reduce the integrity of elections and the quality of people's representatives in Indonesia. The legislature and stakeholders must conduct periodic evaluations so that the electoral system remains relevant and effective in representing the voices of the people.

Recommendations

Based on the findings of the present study, the following recommendations are made:

Strengthen the role of political parties: The role of political parties must be strengthened to ensure that they continue to play a vital role in the electoral process.
Implement campaign finance reform: Campaign finance reform must be implemented to prevent the practice of buying and selling votes.
Increase transparency and accountability: Transparency and accountability must be increased in the electoral process to ensure that the system remains fair and effective.

Limitations of the Study

The present study has several limitations. Firstly, the study is based on a descriptive methodology, which may not provide a comprehensive understanding of the open proportional system. Secondly, the study only examines the application of the open proportional system in the 2019 legislative election, and may not be representative of other elections.

Future Research Directions

Future research directions include:

Comparative study: A comparative study of the open proportional system in Indonesia with other countries would provide a more comprehensive understanding of the system.
Longitudinal study: A longitudinal study of the open proportional system in Indonesia would provide a more in-depth understanding of the system over time.
Experimental study: An experimental study of the open proportional system in Indonesia would provide a more rigorous test of the system's effectiveness.

Conclusion

In conclusion, the present study provides a comprehensive juridical analysis of the open proportional system in the context of general elections in Indonesia, based on Law No. 7 of 2017. The study examines the application of the open proportional selection system, particularly in the 2019 legislative election, and explores the challenges and opportunities arising from this system. The study recommends strengthening the role of political parties, implementing campaign finance reform, and increasing transparency and accountability in the electoral process.
Frequently Asked Questions (FAQs) about the Open Proportional System in Indonesia

Q: What is the open proportional system in Indonesia?

A: The open proportional system in Indonesia is a system of election where voters can choose their preferred candidates, rather than being limited to voting for a specific party list. This system is designed to provide opportunities for legislative candidates to be closer to the people and to promote accountability and representation.

Q: Why was the open proportional system chosen in Indonesia?

A: The open proportional system was chosen as a means of promoting accountability and representation in the legislative elections. This system is designed to provide opportunities for legislative candidates to be closer to the people and to promote a more direct relationship between voters and their representatives.

Q: How does the open proportional system work in Indonesia?

A: In the open proportional system in Indonesia, voters can choose their preferred candidates from a list of candidates nominated by political parties. The candidates who receive the most votes are elected to parliament. The system is designed to ensure that only parties that receive a significant number of votes are represented in parliament.

Q: What are the benefits of the open proportional system in Indonesia?

A: The benefits of the open proportional system in Indonesia include:

Increased accountability: The system allows voters to choose their preferred candidates, which increases accountability and representation.
More diverse parliament: The system allows for a more diverse parliament, with a wider range of candidates and parties represented.
Improved representation: The system ensures that the parliament is representative of the people, with a more direct relationship between voters and their representatives.

Q: What are the challenges of the open proportional system in Indonesia?

A: The challenges of the open proportional system in Indonesia include:

Increased campaign costs: The system can lead to increased campaign costs, which can be a burden on candidates and parties.
Weakened role of political parties: The system can weaken the role of political parties, as they may lose legitimacy from the community and their role as a forum for political recruitment.
Lack of political education: The system can lead to a lack of political education and community participation, as voters may not be aware of the candidates and parties they are voting for.

Q: How can the open proportional system in Indonesia be improved?

A: The open proportional system in Indonesia can be improved by:

Strengthening the role of political parties: The role of political parties must be strengthened to ensure that they continue to play a vital role in the electoral process.
Implementing campaign finance reform: Campaign finance reform must be implemented to prevent the practice of buying and selling votes.
Increasing transparency and accountability: Transparency and accountability must be increased in the electoral process to ensure that the system remains fair and effective.

Q: What is the future of the open proportional system in Indonesia?

A: The future of the open proportional system in Indonesia is uncertain. The system has been the subject of much debate and discussion, with some advocating for its adoption and others pushing for a closed proportional system. The decision to maintain or change this electoral system will have significant implications for the quality of legislative candidates and political parties that compete in parliament.

Q: How can voters participate in the open proportional system in Indonesia?

A: Voters can participate in the open proportional system in Indonesia by:

Registering to vote: Voters must register to vote in order to participate in the electoral process.
Choosing their preferred candidates: Voters can choose their preferred candidates from a list of candidates nominated by political parties.
Voting for their preferred party: Voters can vote for their preferred party, which will determine the composition of parliament.

Q: How can candidates participate in the open proportional system in Indonesia?

A: Candidates can participate in the open proportional system in Indonesia by:

Registering as a candidate: Candidates must register as a candidate in order to participate in the electoral process.
Nominating themselves or being nominated by a party: Candidates can nominate themselves or be nominated by a party.
Campaigning for votes: Candidates must campaign for votes in order to be elected to parliament.

Q: How can political parties participate in the open proportional system in Indonesia?

A: Political parties can participate in the open proportional system in Indonesia by:

Registering as a party: Parties must register as a party in order to participate in the electoral process.
Nominating candidates: Parties can nominate candidates to run in the election.
Campaigning for votes: Parties must campaign for votes in order to elect their candidates to parliament.