Dicky Christanto, Denpasar – The upcoming Bali gubernatorial election is a legally-tainted political process, a legal expert claimed Monday.
The Bali General Election Commission's (KPUD) refusal to allow independent candidates to run in the election was in direct opposition to a Constitutional Court ruling, a professor of law at Udayana State University, Ibrahim, told a discussion.
Ibrahim warned that such a legally-tainted political process would eventually create an unstable administration.
"Whoever wins the election and becomes the island's next governor is likely to face dozens of lawsuits and in the end will barely be able to run the administration well," he said.
"Bali's reputation is actually at stake right now, since both the KPU and KPUD have opted to not comply with the Constitutional Court ruling. Furthermore, the KPUD has not done a good job in scrutinizing candidates' administration requirements," he said.
The court issued a ruling last year that provides a legal avenue for independent candidates to participate in regional elections. Legislative laws on local administrations and elections had required candidates to gain support from a political party or a coalition of parties to run.
Ibrahim stressed that the KPU should comply with that ruling to ensure the legality of the upcoming election, scheduled to be held on July 9.
KPUD chairman Anak Agung Oka Wisnumurti has previously stated the KPUD made the decision to reject independent candidates based on a circular issued by the Jakarta-based General Election Commission (KPU) last year. In that circular, the KPU directed the KPUD to begin the local election process and to use Law No.32/2004 on Local Administration as the legal basis of the process. The law does not mention anything about independent candidates.
"Besides, even though the court's ruling has supported the participation of independent candidates, we still need the required implementing laws and regulations to put that ruling into reality. Those implementing laws and regulations have yet to be drafted by the country's legislative bodies," he told reporters.
Ibrahim insisted that both the KPU and KPUD had made a mistake by solely using Law No.32/2004 as the legal basis of the regional election.
"A KPU circular cannot diminish the court ruling's legal standing, so therefore, both the KPU and KPUD should refer to Law No.32/2004 and the ruling, which means that the KPUD should accommodate independent candidates entrance into the election process," he said.
Recently a pair of independent candidates, I Komang Bharuna and I Dewa Gde Ardana, filed a lawsuit against the KPUD in the Bali State Administrative Court contesting the KPUD's decision.
It still unclear whether state administrative court judges will take on the case.