Dr. Sholahuddin Al-Fatih, MH. Lesture of Law Faculty of Muhammadiyah Malang University (Photo : Special) |
Regional head elections in Indonesia have once again become a hot topic of discussion, particularly regarding the proposal for elections to be conducted by the Regional Legislative Council (DPRD). This system is considered more efficient compared to direct elections by the people, which incur significant costs. However, this efficiency raises concerns about a potential setback in democratic values. From a legal perspective, Indonesia’s constitution allows for both systems, provided they are conducted democratically. Dr. Sholahuddin Al-Fatih, MH., a lecturer from the Faculty of Law at University of Muhammadiyah Malang (UMM), has shared his views on the matter.
"The 1945 Constitution does not specifically stipulate whether regional heads must be elected directly or through the Regional Legislative Council (DPRD). Both methods are permitted as long as they are conducted democratically. It is important to emphasize that democracy does not solely mean direct elections but can also be realized through representation by the DPRD. One of the main reasons supporting the DPRD election system is budget efficiency," he explained.
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Direct regional elections require significant funding for printing ballots, distributing logistics, and conducting campaigns. In some regions with low locally-generated revenue (PAD), such as in Eastern Indonesia, election costs can consume more than half of the region's income. Yet, these funds should ideally be allocated for development purposes.
"Direct regional elections in conflict-prone areas like Papua often lead to clashes between supporters, resulting in violence. There have even been reports of lives lost due to political disputes. Electing leaders through the DPRD can reduce such potential conflicts since it involves only DPRD members as voters," he said.
However, he noted that this proposal is not without criticism. Elections through the DPRD are seen as reducing the direct participation of the people in democracy. This system is feared to create opportunities for money politics within the DPRD, similar to what previously occurred at the community level. These concerns are among the primary arguments raised by groups opposing the system.
"We cannot overlook the risk that vote-buying practices could occur within the DPRD. However, this remains an assumption and needs to be tested through transparent implementation mechanisms. Elections through the DPRD do not mean the loss of democracy but rather an adjustment for the sake of efficiency," added Fatih.
As an alternative, Fatih proposed a mixed system. Regions with a high Human Development Index (HDI) and a low democracy vulnerability index, such as Jakarta, could continue holding direct elections. Meanwhile, regions with high levels of vulnerability, such as Papua, are advised to adopt the DPRD election system to prevent widespread conflicts.
"Countries like Malaysia and India have already implemented similar systems. In Malaysia, elections by local parliaments have been successful due to the high homogeneity of its society. However, it should be noted that such a system may not be entirely suitable for Indonesia because of the different characteristics of its population," said the lecturer from Gresik.
Lastly, Fatih stated that regional head elections through the DPRD indeed offer budget efficiency and reduce conflicts within communities. However, potential risks such as democratic setbacks and corruption remain significant challenges. With proper regulations and a flexible approach, this system could serve as a solution for certain regions without compromising the overall principles of democracy. (vin/wil/ind)