With preparations for the 2024 legislative elections now in full swing, several major parties have reiterated their stiff opposition to a petition currently under review at the court, which looks to restore the closed-list system just in time for next year’s race.

The petition made the rounds on social media last week after a former deputy law minister claimed he had obtained information from an unnamed yet reliable source that the court justices would rule in favor of the plaintiffs, despite massive pushback from politicians across the spectrum.

The court refuted this claim on Sunday, while government officials sought to divert attention by questioning why law expert Denny Indrayana, an opposition figure, was able to obtain such confidential information in the first place.

Constitutional Court spokesperson Fajar Laksono said that contrary to Denny’s claim, the court justices had yet to come to a conclusion, and they would wait until all legal proceedings were concluded before deciding on the ruling.

He said the court was awaiting the concluding statements to be submitted. “[Regarding Denny’s claims], please take that up with him,” Fajar said, as quoted by kompas.com.

“What we can confirm is that as per the schedule, the relevant parties [in the petition] will have to submit their statements by May 31.”

After all concluding statements are submitted, the court would convene an internal hearing to decide on the petition and schedule a date to announce its verdict.

The court has so far convened 16 hearings on the petition to reinstate a closed-list system for the legislative election, submitted by the ruling Indonesian Democratic Party of Struggle (PDI-P) along with several other plaintiffs.

Under a closed-list electoral system, voters cast their ballots by choosing a party, which then selects its own candidates to enter the House of Representatives.

It would be a departure from the current open-list system, where voters get to choose from a list of legislative candidates.

Political experts have suggested that a return to the closed-list system would benefit parties with a loyal voter base, like the PDI-P, while putting others that rely on the popularity of individual candidates at a disadvantage.

PDI-P secretary-general Hasto Kristiyanto previously said the party preferred a closed-list system because it would encourage all political parties to pay more attention to the quality of its cadres, rather than nominating likable public figures and relatives of already popular politicians.

 

Stiff resistance

Since the PDI-P filed its petition in November, the eight other House party factions have put up a united front to reject the legal challenge, going so far as to release a joint statement in January that described the current open-list system as “progressive and characteristic of our democracy” and that it was worth maintaining.

Democratic Party founder and former president Susilo Bambang Yudhoyono said that switching the legislative elections back to a closed-list system would result in utter confusion, as political parties had already completed the registration of their legislative candidates with the General Elections Commission (KPU) earlier this month.

“Is there even an urgency for the [open] election system to be replaced, especially with the preparations now underway? Changing the election system midway could cause political chaos,” Yudhoyono tweeted on Sunday.

Similarly, the Golkar Party’s deputy chairman, Ahmad Doli Kurnia, said all preparations for the legislative elections thus far would turn into a “waste of time” if the Constitutional Court decided to grant the PDI-P’s petition.

“Golkar’s position is clear. We hope that the nine court justices will side with us and the seven other political parties [at the House by rejecting the petition],” Doli said on Sunday, as quoted by tempo.co.

On Monday, KPU commissioner Idham Holik said the agency refused to be drawn into premature speculation regarding the court’s verdict and would continue with its preparations based on an open-list system, as stipulated by current prevailing regulations.

“One of the principles of holding the general elections is legal certainty… Therefore, [the KPU] will not respond to political speculation,” he told The Jakarta Post.

Both the PDI-P and the Executive Office of the President insisted that they would respect whatever decision the court ends up deciding.

 

Thorough investigation

Denny, a former deputy law and human rights minister during the Yudhoyono presidency, said on Sunday that he had received a tip-off from a “credible” source that the 2024 legislative elections would see the return of the closed-list system, in a six-to-three decision by the bench.

“Who is the source [of this information]? Someone credible who I really trust, and definitely not a constitutional justice,” he said in an Instagram post.

“And so, we return to the electoral system of the New Order: authoritarian and corrupt.”

His post also took a jab at the Constitutional Court’s recent ruling awarding the problematic leadership of the Corruption Eradication Commission (KPK) an additional year to serve, and another judicial review underway that could completely influence the outcome of the 2024 presidential race.

Denny’s claim has incensed government officials and members of the largest party of the ruling coalition, prompting Coordinating Political, Legal and Security Affairs Minister Mahfud MD to call for a probe into access to sensitive information.

“A court decision cannot be leaked before it is read out [in an official announcement]. The information from Denny has set a bad precedent for leaving state secrets,” Mahfud tweeted on Sunday.

National Awakening Party (PKB) chairman Muhaimin Iskandar, who is part of the ruling coalition, also urged the top court to conduct an investigation, lest it wanted its integrity to be questioned just months before the election.

“If there is an impression that the court’s decisions can be intervened or leaked, then the public will no longer put faith in the court. If that becomes the case, ensuing election disputes may end up being resolved in the streets,” Muhaimin was quoted by tempo.co on Sunday.