Legal Impact Of The Direct Election For Regional Leader In Jambi Province

Participants of direct election for local government heads

Direct election for local government heads toward governor, regent/ mayor in Jambi Province start since 2005. The direct election for local government heads was followed by several pairs of candidates for local heads as follows:

In general the ideal number of candidate pairs in a competition is 2 pairs, but in direct election for local government heads in Jambi Province the participants with only 2 pairs candidates occur in 5 regions while the rest followed by 3 to 6 pairs of candidates for the local government head. The more the number of participants in direct election for local government heads then the possibility of two rounds to obtain a definitive local government head becomes greater as well. It is proven in Tebo and Kerinci regencies in which they done two direct election for local government heads to determine the candidate pairs of the elected local government head.

Direct Election for Local Government Heads Coordinators

To carry out these activities required many human resources (executor). Article 1 Point 5 of Law Number 11 Year 2015 stipulates that the Election Coordinators is an institution which organizes General Elections which consist of the General Election Commission and the Election Supervisory Board as a whole function of the implementation of the General Elections. For example, direct election for local government heads in Jambi Province in 2015 was implemented by 28,368 personnel, consisting of 19,289 elements of the Election Commission (Nasuhaidi, 2017), and 9,079 from the Election Supervisory Body (Suwarsono, 2017).

The greater the number of direct election for local government heads organizers will affect the costs of organizing and potential violations that may be perpetrated by non-independent organizers, in the direct election for local government heads simultaneously Kerinci Regency Election Supervisory Committee, Tebo Regency Election Commission, and some direct election for local government heads organizers under it have been examined and prosecuted by Electoral Organizing Council

Violation in Direct Election for Local Government Heads

As the direct election for local government heads before, direct election for local government heads in 2015 also contained a variety of violations that are relatively numerous, as in the table below:

If analysed from the perspective of the function of law, then the direct election for local government heads Law which should be a guideline as well as a guard to realize the purpose of direct election in a democratic manner cannot be realized properly. Democratic behaviour according to Josep Scumpetes is that every voter must have the ability to make his choice without pressure from others. Every voter must have independence in making choices. The reality in the field that money politics is more important than the vision, mission and program of the candidate pairs which influencing voter choice.

For the common people the pressure in determining the choice comes through money politics, with money approximately Rp. 150,000, - Rp. 200,000, - is very meaningful for the lives of ordinary citizens. If in one family there are 4 voters then they will get money of Rp. 600,000, - Rp. 800,000, - which on the other hand Provincial minimum wage in Jambi Province at that time (2015) amounted to Rp.1,710,000, - per month. As for the government apparatus and their family the pressure in determining the choice is influenced by the bureaucracy that will affect the career/position for the relevant government apparatus.

Meanwhile the control function of the direct election for local government heads is very ineffective, from 129 reports of crimes (money politics) which none can be proven, this is due to determine that an act categorized as a crime then it must fulfil two elements of evidences. This is an obstacle for Jambi Province Election Supervisory Agency to follow up reports of residents/teams of other candidate pairs. According to Jambi Province Election Supervisory Agency some people that have been reported both the giver and taker all deny that there has been money politics while they have a mutualism symbiosis relationship (Suwarsono, 2017). In the context of direct election for local government heads in Jambi Province it can be said that the control function especially toward money politics practices becomes dysfunctional. Dysfunction is interpreted as a not working function.

Seeing the description exposed above, it can be interpreted that in the case of direct election for local government heads in Jambi Province there has been a dysfunction of the Direct Electoral Law. It is seen that good and ideal value in direct election for local government heads Law cannot be realized in the field. Even in the practice of direct election for local government heads it emerged new behaviour that is to win the competition the candidate pairs and success team often ignore the honesty, and ignore regulation. The direct election for local government heads Law as a guideline as well as a guard so that the implementation of local government head elections can be run democratically, honest and fair should always be fought to be realized in the society

The direct election for local government heads need high cost

Decree of the Minister of Justice and Human Rights number M.HH-01.HN.03.03 dated 7th January 2016,

Implementation of direct election for local government heads in Jambi Province 2015 cost Rp. 169,209,042,670, - The fee includes:

• Grants to the Jambi Province General Election Commission for one billion rupiah (Rp 101,000,000,000) (Nasuhaidi, 2017).

• Grants to the Election Supervisory Board of Jambi Province for thirty billion five hundred million rupiah (Rp 30,500,000,000) (Suwarsono, 2017).

• Grant to the Jambi Regional Police for twenty five billion rupiah (Rp 25,000,000,000).

• Campaign costs from 2 pairs of candidates for twelve billion nine hundred nine million fourty two thousand six hundred and seventy rupiah (Rp 12,709,042,670), consisting of candidate pair (Hasan Basri Agus - Edy Purwanto) amounting to four billion six hundred ninety four million forty-two thousand six hundred seventy rupiahs (Rp 4,694,042,670,.) And the nominee pair number 2 (Zumi Zola Nurdin - Fachrori Umar) amounting to eight billion fifteen million rupiahs (Rp.8,015,000,000,) (Nasuhaidi, 2017).

• In addition to the above costs there are still expenditures from each candidate which is relatively large, ie funds for the party bearer and socialization fund before they are set as candidate pairs.

The above costs do not include the budget for direct election disputes. This has always been the concern of the successful team, due to the fact that direct election in Jambi is more than 50% of the result of the direct election is sued to the Court (Constitutional Court).

The high cost benchmark of direct election is comparable to:

• If the election for local government heads is indirect (representatives) as implemented before 2005, the required cost is much less (efficient).

• When compared to the direct expenditure (development) of Jambi provincial budget in 2015 it is amounted to 1831 billion (for one fiscal year).

• The poverty rate of Jambi Province in the Official Gazette of Jambi Province No. 5/01/15/Th.IX, January 2, 2015, state that the poor people in Jambi Province amounted to 281,750 people (8.39 percent). The poverty line limit at that time was Rp. 329.181, - /capita/month.

If deeply observed the direct election for local government heads budgets become very large if viewed from the perspective of reducing the poor people in Jambi province. Especially when compared with the implementation of direct election for local government heads that has many violations and further away from the democratic nuances. This condition is based on the opinion that this great cost is not proportional to the expectation of more prosperity of the people in the region (Prihatin, 2014).

The efforts to resolve the obstacles that face by Notary in giving free legal service toward unaffordable people in Jambi City

Joseph Schumpeter defines democracy as a political method, in which citizens are given the opportunity to elect one of the political leaders who compete for votes. In subsequent elections, citizens can replace representatives/ politicians whom they have elected previously. The ability to choose between political leaders during the election is what referred to as democracy (Sorensen, 2003).

Seymour M. Lipset, as quoted by Georg Sorensen asserted that the richer the nation, the greater the country's chances of holding a democracy. Through the wealth every individual has the opportunity to improve the quality of education and better economic ability. In such position it is expected that every person/voter will have independence in determining his choice, not easily pressure, suppressed, let alone paid to choose a candidate who is not his choice of heart

The direct election for local government heads in a liberal political era places political parties in dominant positions leaving only wealthy people with a greater chance of winning. On the other hand, it is important to remember that one of the reasons for the formation of direct Election For Local Government Heads Law as an interpretation of democratic elections is:

• as response to the demands of citizens because the president is directly elected,

• as a mean of learning democracy for the people (civic education),

• as a mean of strengthening regional autonomy,

• as a mean of national leadership cadre (Naziyah, 2015).

However, the fact that the direct election for local government heads purpose is heading toward the opposite direction, the people are not guided to be independent and objective in choosing the leader but rather taught to choose, which is influenced by the giving money (money politics), especially when connected with the function of the national leadership cadre. This is very pathetic, why? Because until December 2014 there were 343 local government heads who were in trouble with the law (Asril, 2015) and 4 of them from Jambi and were convicted of corruption, meanwhile corruption numbers in Jambi which done by bureaucratic officials who were subordinate of local government head in the last 5 years as many as 197 cases.

Given that the general election is to ensure the principle of freedom, representation, accountability and justice, and the implementation of democratic elections ultimately rests on how far the rules, processes and election results can serve the necessity of a compulsion of freedom, representation, accountability and justice (Respationo, 2013).

Chaotic Bureaucracy

Indonesia has determined that the process and formulation of its government policy is carried out through a political process, and implemented by the bureaucracy. In this regard, the management of the bureaucracy is not sterile from the nuances of politic. Bureaucracy whose basic principle is a tool used to carry out the service function to society, but in fact is more appear as a tool of authority, which used to maintain power itself (Sukmarningsih, 2015). Bureaucracy as a system of operational which service is carried out by personnel who are placed and authorized to run the bureaucracy. Therefore, the persons or apparatus placed to fill the position must be the right person on the right position. The indicator can be seen in Article 5 of Government Regulation Number 100 Year 2000, that one of the conditions is to have competence in the required job.

The provincial governor of Jambi in 2015 election results has appointed and inaugurated 807 new officials, echelon positions in the secretariat of the governor office and the Regional Organizing Organization as many as 934 positions.

The above description illustrates that the change of regional heads also has implications for the change of executing officials at the technical level, even from the 934 positions they have been replaced and inaugurated as many as 807 new officials. Thus, the replacement and inauguration of the officials in one period reached 86.40%. The appointment of these officers in a relatively short period of time certainly has the potential of placing personnel who are not in accordance with their competence.

This bureaucratic instability is compounded by a bad political leader. This happens because usually they declare themselves going forward with a certain party (not their current partner), while their working years are still long enough. Reality like this would interfere with the comfort in cooperation and complement from each other in carrying out the development of society. The situation in such a way leads officials and bureaucratic staff to be confused, because they have to be loyal to whom? To the local government head? To the deputy of local government head? Though both are still as local government head and deputy of local government head of the region, but there has been a quiet competition, even tend to be open. This is often seen in various binaries, banners in socializing government programs with one face background (local government head or deputy of local government head). Such a thing may mislead the public, as if the program is a private work, whereas what is socialized is a government program funded by Local Budget, therefore the background of binary or banner ideally should have no picture of the face of the local government head/representative, or if it is necessary both should be in the media. When leaders show quiet or open competition, it will certainly be followed by its loyalist officials, even if the competition is tougher on the next election. Such a bureaucratic situation further illustrates that bureaucracy tends to be a tool of authority rather than as a servant of society.