The Amendment of Law No 8/2015 on Local Election

Various statement and comment concerning the implementation of the Local Election in next 2017 mostly are focused on the case of Ahok who will declare as the Candidate of the Governor of Jakarta as Independent Candidate. More dramatically the idea to amend Law No 8/2015 is considered by many people as the effort of the political parties to weaken the position of Ahok.

However the statement of Minister of Home Affairs Tjahyo Kumolo and Chairman of the Commission II of the House of Representative Rambe Kamarulzaman in the Working Meeting between both sides held on Monday February 29, 2016 we should likely realize that apparently there are a number of crucial points that the Cabinet and the House of Representative should solve the problem urgently, but apparently the issue on Ahok as the independent candidate is not considered as a problem.

The amendment of Law No 8/2015  on the election of the Local Leaders will be discussed by The House of  Representatives and the Government on April 5, 2016. More detail information could be likely clarified based on the statement of Rambe Kamarulzaman, chairman of The House of Representative Commission II and  the statement of Minister of Home Affairs,  Tjahyo Kumolo representing the Government, in the Working Meeting between the both sides on Monday February 29, 2016 in the House of Representative building.

The House of Representative members were out of the office for two weeks until end of March 2016. Officially the House of Representative was waiting for the Presidential Letter and the draft revision of Law No 8/2015 on Local Election and also the academic paper concerning the amendment of Law No 8/2015.

Chairman of The House of the Representative Commission II Rambe Kamarulzaman said, that Commission II of the House of Representative was requesting  the Ministry of Home Affairs on behalf  of the Government urgently to convey the revision draft of Law No 8/2015 as normal procedure, in order urgently could be discussed by the both sides on April 5, 2016. Rambe Kamarulzaman said in the closing session of the Working Meeting between the House of Representative Commission II with the Ministry of Home Affairs representing the Government. According to Rambe Kamarulzaman all the Political Party factions of the House of Representatives Commission II are expected to agree on the points designed by the Ministry of Home Affairs supported by The Ministry of Law and Human Right.

"The local election to elect the local leaders namely the Governor, the Chief of District and the Mayor is believed will be all right and on late July it is expected the amendment of Law No 8/2015 will finish", said Rambe Kamarulzaman, in his closing remark on the Working Meeting between The House of Representative Commission II with the Ministry of Home Affairs (Monday February 29, 2016).

Crucial Points will be conferred and discussed in the agenda to amend the Law No 8/2015 on Local Election soon. There are 12 crucial points that will be debated in the framework of the amendment of Law No 8/2015 on the Local Election to elect the local leaders. Those 12 crucial points are existing in the Government draft and it will be  added with the possible ideas suggested by all the Political Party factions in the House of Representative Commission II. "I believe on the Commission level, those Commission II of The House of Representative is also adding with input of ideas"  Minister Tjahyo Kumolo said in the Working Meeting between Commission II of The House of Representative with the Ministry of Home Affairs  (Monday, February 29, 2016). In general the draft produced by the Ministry of Home Affairs together with the Ministry of Law and Human Right have finished. There are 72 items appeared from the 12 crucial points we have identified in Law No 8/2017 (as analyzed based on The Constitutional Court's decision). "Of course there will be debate and discussion," Minister Tjahyo Kumolo added.

Minister Tjahyo Kumolo clarified the debate will likely emerge from the point concerning the  compulsory of members of the House of Representative, members of the Local House of Representative, the Civilian State Employee, active member of TNI and State Police, have to resign from their respective position, if they  register their name as the Candidate (as The Constitutional Court had decided).  As we notice in the local Election of 2015 based on the decision of the Constitutional Court there were many members of the House of Representative to have resigned from their position
Second crucial point is the candidate who is accused as the defendant by the Court because of his or her judicial process in the Court. The Constitutional Court also agreed that the former prisoner joining the candidacy as local leaders.

The third crucial point is the conflict that maybe happens during the Election process, whether the Election Watcher or the Election Committee could bring the case to the Court on the State Administration. The another crucial point is concerning the Single Candidate, whether the number of Political Parties which support the only one candidate should be limited. As we could predict the single candidate will possibly become the winner of the election.

Minister Tjahyo Kumolo said that in the effort to accommodate the decision of the Constitutional Court the Ministry of Home Affair had invited various stake holders including the state law expert in the discussion held by the Ministry in the Home Affairs Ministerial Building. Minister Tjahyo Kumolo also said that in the framework of the election his Ministry will publish a new regulation concerning the distribution of The Budget in the frame work of the Government Social support for the poor society.
The Government draft on revision of Law No 8/2015 has finished, hopefully it will be approved by the President soon and urgently to be sent to The House of Representative.

The Government earnestly request the House of   Representative's attention on the six crucial points decided by the Constitutional Court, mainly the compulsory of members of the Parliament and members of the local House of Representative to resign from his position, if he or she decide to become the Candidate. Apparently the problem on the Independent Candidate was not touched by the Ministry of Home Affairs. However it could become the additional crucvial issue in the confer and discussion meeting on April 5, 2016.
Looking at the preparation by the Ministry of Home Affairs and The House of Representative, the agenda to conduct the local election on 2017 will go smoothly.

On April 2016 the House of Representative and the Government will start to confer and discuss the amendment of Law on Local Election. All of the statement said by Minister of Home Affairs and Chairman of The House of Representative Commission II indicated that the amendment of Law No 8/2016 on Local Election will run smoothly and to indicate  that Local Election in 2017 will be run timely as scheduled by The Commission on The General Election (KPU). On April 2016 the House of Representative and the Government will confer and discuss on the amendment of Law on Local Election.

*) The Writer is an Observer on the political development.