A Juridical Review of the Open Proportional System in the 2024 General Election

Abstract

The emergence of the petition for judicial review of Case Number 114/PUU-XX/2022 against Law Number 7 of 2007 concerning General Elections has raised the political temperature of the country. The petitioners argued that the open proportional system was contrary to the 1945 Constitution and should therefore be replaced with a closed proportional system. The petitioners, who are political party officials, feel that the open proportional system has harmed their constitutional rights. This study aims to determine the extent to which the implementation of elections using an open proportional system can make the implementation of elections more democratic or, on the contrary, has created corrupt elections. A better alternative electoral system needs to be encouraged to realise a higher quality democracy. In general, the research method used in this research uses normative research by prioritising literature studies. The study is directed to be able to answer various problems that have been formulated as problem formulations. The result of this research is that elections with an open proportional system in reality cause rampant money politics, this is as a result of the intense internal competition of political parties. Therefore, it is necessary to encourage alternatives to make changes to the electoral system. The benefits of this research are expected to provide input to all stakeholders in elections, both the House of Representatives of The Republic of Indonesia (DPR RI), the Government, election organisers and political parties.