Rasyid Thaha, Haryanto, Independent Candidates in the ConcurrentJurnal Regional Ilmu ElectionSosial dan in South Ilmu : Politik Volume 20, IssueWhat 3, isMarch Independent 2017 (221-235)and Why? ISSN 1410-4946 (Print), 2502-7883 (Online)

Independent Candidates in the Concurrent Regional Election in : What is Independent and Why?

Rasyid Thaha1 Haryanto2

Abstract Researchers in many countries consider that independent candidates a ect the quality of elections wherein independent candidates can enhance the consolidation of democracy within the context of political openness, bring about more competitive elections, and become an established pathway for alternative leadership fi gures. In , these conclusions need to be further explored with the implementation of provisions regarding independent candidates in local elections. Therefore, the main objective of this research is to illustrate the political events involving each individual candidate based on questions of individual actions. The main questions relate to why candidates choose the path of an independent, what capital they have, why are independent candidates more infl uential than others, and what are the consequences of their presence for democracy in Indonesia. This paper concludes that the independent track is merely one of the means available, in addition to the party, in pursuing political o ce in local elections. There is no apparent footing relating to what independent candidates stand for. Moreover, there is yet to be an independent candidate who is truly a social activist wanting to promote alternative issues, a representative of interest groups, or a representative of classes in the local community. Independent candidates are a part of a Schumpeterian procedural logic which is merely for political elite circulation. To put it simply, there is nothing new and rejuvenating in the practices of local democracy in Indonesia.

Keywords: independent candidate; pilkada ; local politics; democracy. Abstrak Peneliti di banyak negara menganggap bahwa calon perseorangan memengaruhi kualitas pemilu di mana calon perseorangan dapat meningkatkan konsolidasi demokrasi dengan adanya keterbukaan politik, membawa pemilihan lebih kompetitif, dan menjadi jalur fi gur pemimpin alternatif. Di Indonesia, kesimpulan tersebut perlu untuk ditelusuri lebih lanjut dengan diterapkannya calon perseorangan dalam pemilihan kepala daerah. Untuk itu, tujuan utama dalam penelitian ini adalah menggambarkan berbagai peristiwa politik yang melibatkan masing- masing calon perseorangan berdasarkan pertanyaan-pertanyaan pada tindakan individu. Pertanyaan utama terkait dengan mengapa para calon memilih jalur perseorangan, modal apa yang mereka miliki, mengapa calon perseorangan lebih berpengaruh daripada yang lain, dan apa konsekuensi dari kehadiran calon perseorangan bagi demokrasi di Indonesia? Tulisan ini menyimpulkan bahwa memilih jalur perseorangan hanyalah salah satu jalur disamping jalur partai untuk mengejar jabatan politik di pemilihan kepala daerah. Tidak ada basis yang jelas terkait apa yang calon perseorangan perjuangkan. Selain itu, belum ada calon perseorangan yang benar-benar merupakan aktivis masyarakat yang ingin mempromosikan isu-isu alternatif, wakil dari kelompok kepentingan, atau perwakilan dari kelas-kelas di masyarakat lokal. Singkatnya, calon perseorangan adalah bagian dari logika prosedural Scumpetarian untuk sirkulasi elit politik semata. Tidak ada yang baru dan membarukan praktik demokrasi lokal di Indonesia.

1 Department of Politics and Government Sciences, Universitas Hasanuddin. Email: [email protected]. 2 Department of Politics and Government Sciences, Universitas Hasanuddin.

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Kata Kunci: calon perseorangan; pilkada; politik lokal; demokrasi.

Introduction (Junzhi, 2010). Several journalists and scientists Basically, the advent of independent in the communist country even predicted that candidates is a common phenomenon in various the rise of independents in 2003 means new hope electoral systems of many countries, whether for democracy in China (Junzhi, 2010: 312). it is in an established democratic system or Even though quite a lot of research in one undergoing the process of democratic have been conducted regarding independent consolidation (Brancati, 2008; Ehin and Solvak, candidates, it is difficult to find answers 2012), or even in an authoritarian system (Junzhi, concerning the rise of independents at the 2010). Studies in relation to democracies with micro level. The researches mentioned independent candidates in elections also vary. above mostly provide observations at the A number of researchers consider independent macro level referring to election systems candidates infl uence election quality through and democratic institutions. In Indonesia, such issues as election system, election research on independent candidates remains participation, and deparpolisasi (the weakening limited. Although, in reality, the emergence of political parties) or anti-political party of independent candidates in Indonesia sentiments (Moser, 1999; Scha ner et al., 2001; dates back to the 1955 General Election as Brancati, 2008). Meanwhile, other researchers stipulated in Law No. 7 Year 1953 which show that independent candidates can increase accommodated independents contesting for consolidation of democracy by presenting seats in the Constituency and the People’s political openness and bringing about more Representative Assembly (DPR) with a number competitive elections as well as reducing the of requirements regarding voters’ support. The number of non-voters (Costar and Curtin, 2004; result of the 1955 General Election also showed Junzhi, 2010). Independent candidates also have the presence of independent candidates that the potential to present a constructive pa4 ern of were successfully elected. In the post New political party competition which could on the Order General Election of 2004, independent contrary also lead to destructive ends (Ehin and candidates were also directly elected through Solvak, 2012; Ishiyama et al., 2011). In addition, the use of a bicameral system in the Regional the emergence of independent candidates is Representative Council (DPD). At the local considered to be a orded to the weakness of level, regulations regarding independent prevailing political parties to accommodate candidates have been around since 2006 community interests or is regarded as a failure particularly for Aceh, and it was subsequently in partisan democracy (Hale, 2007; Bolleyer and accommodated throughout all the regions Weeks, 2009). Independent candidates are also in Indonesia in 2008. Most of the available acknowledged and practiced in the People’s research provides observations that are based Republic of China (PRC) which implements a more on the perspective of constitutional law single party authoritarian regime. Although (Arbas et al., 2015; Martini et al., 2013) and oppositional parties at the national level other general election system regulations (Nuryanti, than the Communist Party of China (CPC) 2015). Ultimately, conclusions referring to the are not eligible, independents are allowed relation of independent candidates, political to be involved in direct elections in the local behavior, and democracy in Indonesia have community congress election system in PRC yet to fi nd an enlightening explanation. Even

222 Rasyid Thaha, Haryanto, Independent Candidates in the Concurrent Regional Election in South Sulawesi: What is Independent and Why? more so at the local level with the existence illustrate various political occurrences which of concurrent direct election for regional involved each independent candidate based leaders. on the questions presented above. Based on The phenomenon in which independent that analysis this paper a4 empts to fi nd the candidates have a lot of involvement in political essence of independent candidates in Indonesia is indeed becoming more interesting the electoral system in Indonesia including its for research, particularly following the election impact in institutionalizing democracy at the for regional leaders (pemilu kepala daerah- local level. pilkada) at the local level which has been stipulated to be conducted concurrently since Research Methodology 2015. Out of the 264 pilkada conducted in This article is a result of a qualitative the regions (regencies, municipalities, and research which utilized a case study method and provinces), 35.5 percent of candidates running was conducted from August 2016 to October were from the independent track. As a result, 2016. This research analyzed the experiences 13 pairs of independent candidates successfully of independent candidates in South Sulawesi, won or 14.4 percent were successfully elected hence the data and analysis presented refer to (KPU, 2015). This is arguably the reason why cases occurring in that region. The research political parties in Indonesia are becoming object is specifi cally the individuals and their more conscious of independent candidates’ behaviors-albeit not through a psychological presence. This is rightly proven with the perspective-regarding interests, knowledge, change in regulation by increasing the number and strategies in the regional election. Data of requirements for independent candidates collection was conducted through in-depth through Law No. 10 Year 2016. This reality interviews of three independent candidates, begs the question of what is actually happening one from the Pangkajene Kepulauan (Pangkep) in the practice of pilkada politics in a country Regency, one from the , and undergoing democratic consolidation of its another from the . Other political system and the political behavior of primary data were acquired from a number its citizens. of key informants chosen based on their For that reason, this paper will analyze knowledge regarding the object of research. the advent of independent candidates with a Secondary data were obtained from various number of the following main questions: why sources of information such as the news, media, did candidates choose the independent track; as well as documents from the General Election what capital do they possess; why do some Commission (Komisi Pemilihan Umum- KPU). candidates have more infl uence –successful Independent candidate in this research in winning the election-than others; and what is defined as political actor utilizing the are the consequences of their presence. Based nonpartisan (non-a liation to political party) on these questions, the study will thoroughly path to achieve regional head candidacy. analyze each of the independent candidate Regarding independent candidates, political pairs participating in the concurrent regional researchers, particularly election, theoretically election held in South Sulawesi in 2015. The emphasizes the concept of nonpartisan or case of South Sulawesi is interesting to analyze independence, a political elite which has no as it demonstrates quite a complex polarization a liation to any political party whatsoever of independent candidate profi les in which (Ehin and Solvak, 2012; Ishiyama et al., 2011; party members, bureaucrats, and entrepreneurs Bolleyer et al., 2009; Weeks, 2008). This means were found to compete. This paper will that conceptually an independent candidate is an

223 Jurnal Ilmu Sosial dan Ilmu Politik, Volume 20, Issue 3, March 2017 independent political actor who does not come independent candidates to participate in from a political party and works independently regional head election had actually been done in for the interest of one’s electorates. In Indonesia, the Aceh Province in 2006 based on the special the use of the word individual (perseorangan) autonomy rights retained by this region.4 for candidates is more or less the same with The basic argument in allowing independent the use of the word independent in other candidates to participate began from a judicial research, particularly in foreign literature. review result of the Constitutional Court in The term individual candidate refers to the 2007 which among others concluded that o cial terminology of the election system in certain articles in Law No. 32 Year 2004 on Indonesia. Although, the Pilkada regulation Regional Government limit the political rights (Law No. 10/2016) actually only stipulates of every citizen which are guaranteed in the that individual candidates are regional head 1945 Constitution of the Republic of Indonesia candidates supported by a number of people, (UUD 1945). Hence, it is not uncommon that or a candidacy track mechanism undertaken participation through other mechanisms outside of political parties. outside political parties to engage in democracy be opened, which consequently provides the Independent Candidates in Legal Formal opportunity for independent candidates to Analysis run in the election for regional head and vice- Since the fall of Soeharto in 1998 which head.5 was signifi ed with the transformation of several Provisions regarding independent regulations advocating the spirit of reform, candidates in the regional head election system Indonesia began its democratization process in Indonesia underwent several changes. in various aspects of the political system. The Initially, the legal umbrella for independent National Constitution even experienced as much candidates was stipulated in Law No. 12 Year as four amendments. Several constitutional 2008 which was then amended with Law No. regulations became more democratic and 22 Year 2014. The following year, Law No. 22 decentralized all the way to the lowest regional Year 2014 was amended with Law No. 1 Year  level. Various electoral rules were also established 2015 a er quite a lengthy polemic debate. It to develop and support the idea of democracy. is stated that in September 2014, the People’s Elections at the local level in the past employed Representative Council (DPR) of the Republic a representation system, which since 2005 was subsequently changed into a system of direct through the Constitutional Court which was fi led by regional head election. The dynamics of the Lalu Ranggalawe on the 5th of February, 2007. The political system duly continued to the point that Constitutional Court subsequently issued the Decree of the Constitutional Court Number 5/PUU-V/2007 independent candidates outside the existing which opens opportunities for independent candidates political parties were allowed to participate in to run for regional head in the Pilkada held all over the election of regional head. Indonesia. 4 The second amendment to Law No. 32 Law Number 11 Year 2006 on Aceh Government [Article 67 Verse (1) le4 er d], concerning the accommodation Year 2004 stipulated in Law No. 12 Year 2008 is of independent candidates is indivisible from the the legal basis that accommodates independent Memorandum of Understanding agreed upon by the Indonesian Government and the Free Aceh Movement candidates in the implementation of regional which was signed on August the 15th, 2005 in Helsinki, head election in Indonesia.3 However, allowing Finland. 5 See Treatise of the Constitutional Court Hearing Case Number 5/PUU-V/2007 Regarding the Judicial Review 3 This regulation came into being a er undergoing the of Law No. 32 Year 2004 on Regional Government to process of judicial review on Law No. 32 Year 2004 the 1945 Constitution of the Republic of Indonesia.

224 Rasyid Thaha, Haryanto, Independent Candidates in the Concurrent Regional Election in South Sulawesi: What is Independent and Why?

Table 1. Comparison of Independent Candidate Regulations Regarding Law 12/2008 Law 1/2015 Law 8/2015 Law 10/2016 Support requirement 3-6.5 percent of total 3-6.5 percent of total 6.5-10 percent of 6.5-10 percent of population population total population the fi nal voters list (DPT) Amendment Constitutional Court Government DPR Constitutional suggestion Court Source: obtained through analysis of Indonesian laws and regulations of Indonesia established Law No. 22 Year 2014 Amendments in the regulation of concerning the Election of Governors, Regents, independent candidates indicate that the and Mayors, as well as Law No. 23 Year 2014 political system in Indonesia remains highly concerning Regional Government. Both of these infl uenced by interests of the elites and political laws essentially contain substantive ma4 ers parties. The substance in the presence of referring to regional head election through democracy can be likened to a pendulum which the Regional People’s Representative Council constantly moves in accordance to the interests (DPRD). The Dra Law (RUU) was initially of the elites and political parties. As a result, suggested by the Minister for Internal A airs general election regulations continuously to the DPR since 2012. However, in early change without proper argumentation and October, President eventually ends with the interference of the issued two Governmental Regulations in Lieu Constitutional Court. A comparison regarding of Law (Perppu), namely: Perppu No. 1 Year amendments which have been made to the 2014 concerning Regional Head Election which independent candidate regulations as of replaces the electoral mechanism from indirect current has been summarized in Table 1. to direct election; and Perppu No. 2 concerning Regional Government which removes the Pilkada in South Sulawesi DPRD authority to elect governors, regents, Pilkada has been conducted concurrently and mayors. These two regulations were throughout 11 regencies in South Sulawesi issued following intense debates regarding on December the 9th, 2015. The elections were 4 which system is be er, direct democracy or respectively held in Pangkep, Barru, Maros, representative democracy, which ultimately Gowa, East Luwu, North Luwu, Tana Toraja, ended in the government opting to directly North Toraja, Selayar Islands, Soppeng, involve the people. DPR fi nally issued Law dan Bulukumba. Three of the regencies No. 1 Year 2015 regarding the issuance of witnessed the participation of independent governmental regulation in lieu of law number candidates, namely Pangkep which had two 1 year 2014 concerning election of governors, pairs of candidates, Gowa also had two pairs regents, and mayors into becoming a law of candidates, and Bulukumba which had one (Haryanto, 2014 a: 251). Law No. 1 Year 2015 pair of candidates. Of the fi ve independent was amended with the issuance of Law No. 8 candidates, one pair succeeded in winning Year 2015. Ultimately, provisions regarding the election. Meanwhile, the other candidates independent candidates were amended with did not show much of a fi ght as shown by the 6 the publication of Law No. 10 Year 2016. amount of votes they acquired (see Table 2). The simultaneous Pilkada was conducted 6 This fi nal stipulation was determined based on the result of judicial review fi led to the Constitutional Court with the participation of 35 pairs of candidates against Law No. 8 Year 20015. in which 5 (14.29 percent) of them were

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Table 2. Votes Cast for Independent Candidates in South Sulawesi 2015 No. Candidate Pair Regency Amount of Support Votes Cast Jumrana Salikki - 1 Bulukumba 47.932 16.096 Votes (7.53%) Husbiannas Alsi Djamaluddin Maknun - 2 Gowa 63.363 5.741 Votes (1.58%) Masykur Adnan Purichta Ichsan - 3 Gowa 70.953 151.373 Votes (41.65%) Abd Rauf Malaganni Sangkala H. Taepe - Andi 4 Pangkep 43.715 20.816 Votes (11.53%) M. Ali Ga ar Nur Achmad AS - Hafsul 5 Pangkep 31.727 1.939 Votes (1.7%) W. Hafa4 ah Source: obtained through analysis of data from KPUs of Bulukumba, Gowa, and Pangkep. independents. Actually, there was quite a lot of supporters required became the main reason of independent candidate pairs who registered to failure in the verifi cation process undertaken