Are There Two Rounds in the Pilkada? Insights from a UMM Law Lecturer

Author : Humas | Saturday, November 30, 2024 09:06 WIB

Dr. Sholahuddin Al-Fatih, SH., MH. Lecturer at the Faculty of Law, Universitas Muhammadiyah Malang (Photo: Special)

The regional head elections (Pilkada) in Indonesia spark interesting discussions about the two-round voting mechanism. This issue was also highlighted by Dr. Sholahuddin Al-Fatih, SH., MH., a lecturer at the Faculty of Law, Universitas Muhammadiyah Malang (UMM). He explained that this regulation has a clear legal basis, specifically for certain regions like Jakarta, Aceh, Papua, and West Papua. For Jakarta, the two-round mechanism is regulated in Law Number 2 of 2024 concerning the Jakarta Special Region (DKJ), while for Aceh, Papua, and West Papua, the provisions are outlined in the previous Pilkada laws.

“The primary condition for a second round is if no candidate pair obtains more than 50% + 1 votes in the first round. Additionally, this rule only applies to regions with special status. Other regions, like Malang or Surabaya, do not implement this system because they are not special regions,” he explained.

Jakarta is one of the regions consistently conducting two rounds if the number of candidates exceeds two and no candidate achieves an absolute majority. According to him, this ensures the legitimacy of leaders in regions with special status. “Special regions carry greater responsibilities, necessitating stronger voter legitimacy,” he added.

The four regions implementing the two-round system, for example Jakarta, Aceh, Papua, and West Papua possess unique characteristics that distinguish them from other regions. This special status is based on the need to maintain political stability and regional government legitimacy. “Jakarta, for instance, has different rules because it is a Special Region and the center of government. Similarly, Aceh, Papua, and West Papua have Special or Autonomous Region statuses,” he explained.

Meanwhile, other regions do not require two rounds, as regional heads can be elected with the most votes even if it is less than 50%. “In non-special regions like Malang, there is no rule for a second round. Democracy is more flexible there because achieving an absolute majority is not mandatory,” he added.

With this system, two-round Pilkada is expected not only to reflect the people's will but also to uphold prevailing legal principles. According to him, Pilkada is a part of democracy that prioritizes the people's voice. The two-round mechanism is only applied in special regions to ensure strong legitimacy, while in other areas, a simpler system suffices.

From an implementation perspective, two-round Pilkada requires a larger budget due to the need for reprinting ballots, procuring new logistics, and additional campaigns. “Technically, this two-round system is high-cost. However, the government has anticipated this by appointing interim officials (Penjabat or Pj) to run the administration until a definite regional head is elected,” he said.

He added that the significant budget burden is also a challenge. The budget is a major concern, but this is a consequence of democracy that demands high legitimacy. The government must allocate additional funds to ensure the process's success.

In addition to the budget, public participation is also a highlight. According to him, the two-round Pilkada could serve as a good learning opportunity for democracy. “I believe the public is not overly burdened. On the contrary, this moment could be an opportunity to increase voter participation. Even the local economy sectors, such as hotels and restaurants, benefit from the movement of residents during Pilkada,” he concluded.(*/wil/fajr)

Shared: