Alfian, Jakarta – The open election system, which will see legislative seats going directly to candidates who win the majority of votes, has led to great expectations for better public representation; concerns that it has created a large hole for money politics however, linger.
Unlike the long-standing system in which political parties had the authority to appoint legislative candidates, the candidates running in this years election will be required to fight an all out battle for individual victory.
"The system is good for our election as it requires candidates to be firmly rooted in and popularly known by their prospective constituents and eligible voters in their own electoral district," political observer Muhammad Qodari of the Indo Barometer said.
Executive director of the Center for Electoral Reform (Cetro) Hadar N. Gumay concurred, saying that with the new system the election's outcome would truly reflect the people's political aspirations.
"As a result, the selected candidates are expected to focus on getting closer with their constituents rather than their party's elites," Hadar said.
The original version of Law No. 10/2008 on Legislative Election actually did not propose the open election system. When the law passed in March last year, all factions at the House of Representatives, except the National Mandate Party (PAN), agreed to adopt a so-called semi-open system. Under the system, a legislative candidate could directly secure a seat only when they managed to gain a minimum 30 percent of the voter dividing number (BPP), which was calculated by dividing the number of votes with the number of legislative seats at stake in a given electoral district.
If no candidates reached the threshold, the system stipulated that seats obtained by a party would be given to those in the top ranks of the party's candidates.
Election observers strongly criticized the semi-open system, saying that it would pave the way for political party elites to maintain their control over the legislatures.
Two legislative candidates from the Democratic Party and the Indonesian Democratic Party of Struggle (PDI Perjuangan) challenged the system, filing for a judicial review with the Constitutional Court.
The Court ruled in favor of the legislative candidates by phasing out the article, saying that it was against the constitutionally guaranteed supremacy of the people, guaranteed by the Constitution. The decision changed the nature of elections.
"The election is going to be tougher for candidates as they will be evaluated individually by voters," PDI-P lawmaker Gayus Lumbuun, who is seeking re-election in Malang, East Java, said.
"I am placed by the party at the top of the candidate list in the electoral district. Under the previous system, I would definitely be re-elected if my party won the polls in the district. But, now, under the new open system, the winners could be those from the lowest rank on the list," Gayus said.
Lawmaker Lena Maryana Mukti of the United Development Party also criticized the new system, which she said has loopholes which allow for legislative candidates to buy votes to secure their own seat.
"Voters always ask me what can I give and pay to them. They even told me enthusiastically about things they had received from other candidates. I think the biggest challenge for candidates is how to teach voters that the election is not just a matter of legislative seats but should ensure that the right candidates, committed to fighting for their political aspirations in the parliament are elected," she said.
Lena added that the new system had energized candidates with a strong fighting spirit to win the election, which she said was good for the party. She however added that many parties were not prepared for the change.
"Sometimes, due to a lack of coordination, we are in a fierce competition with fellow candidates from our own party," Lena said.
Qodari and Hadar were of the same opinion and found that many legislative candidates had complained about the increasing demand by voters for money.
"Our people are still very pragmatic in many ways and we are not prepared for rational politics," Qodari said. Hadar said the tough competition might trigger internal conflicts within political parties.
Despite these potential conflicts, the two observed that a district system was expected to be fully implemented by 2014.