Opinion:

Human Rights vs. Voters List

By: Rahmat Hidayat

Phenomena in the ground water around the issue the loss of voting
rights of citizens because it is not registered in the Voters' List
(DPT), shows just how bad and buramnya portrait enforcement of
Human Rights (HAM) in the center of our lives. So invite the reaction
of the people to sue the government agenda and the Commission in
a civil court. The lawsuit was unwarranted, the government and the
Commission is alleged to have straddled Civil-Political Rights (Sipol)
citizens.

According to the 1945 Constitution, also after the amendment, the

position of the people placed in such an important and strategic.
People are holders of "popular sovereignty". Inspiring words from
the people, by the people and for the people, it is correct to say
elect and be elected is derived following the implementation of the
sovereignty of the people who serve as the rights of every citizen.

Right to vote and be elected are then explicitly stated in Law no.
39/1999 on Human Rights and Law. 12/2005 on the Ratification of
International Covenant Sipol, that "Every citizen has the right
choose and vote in elections." As for the state imposed obligation
and responsibility to respect, protect, enforce, and promote human
rights. And no one ketentuanpun in the Act may mean that the
government, political party, faction or any party is justified to
reduce, destroy, or abolish human rights or fundamental freedoms.

Indeed, in carrying out the rights of citizens in politics, the state is

justified limit it through legislation. However, according to mandate
of the constitution, limiting done with due attention to aspects of
protection of human rights as fundamental rights. Goal is solely to
ensure recognition and respect for human rights and fundamental
freedoms of others, morality, public order and the interests of the
nation. then it is not found in the Law No.10/2008 on General
Elections, Article 20 which states "To be able to use the right to
vote, a citizen of Indonesia must be registered as voters." If the
editorial scrutiny "should be registered as voters" tend to feel stiff
and inflexible. That then raises the issue of betrayal of the rights of
citizens. It should, before endorsed a political policy, it would be
good if the government first identify any bottlenecks in the
implementation of the future. So many problems that led to the
neglect of human rights of citizens does not happen, especially
issues that many citizens have the right to vote, but failed to
exercise its rights because it is not registered in the DPT.

Indonesia already has a huge experience in the field of data

collection. Data is always produced relatively valid and accurate. As
data collection for direct cash assistance (BLT). If such data
collection in Aceh tsunami victims. The reason is not valid and
accurate information is always just the same, namely, a citizen does
not have ID cards so that is not listed in the civil records; when the
person being recorded are not at home because of out of town, was
working; etc.. DPT Amburadulnya too, for the government and
Election Commission this be the reason why.

That experience coupled with amburadulnya DPT in 2004 election,

which should be valuable lessons for improving data collection for
DPT 2009 election, but the reality is not. State through the
Commission as the implementing fixed election law to impose such
rigid arrangements. In fact, the Government and the Commission
could have made a policy exception to anticipate problems that are
not registered citizens. Not be rigid with registered in the DPT. As
investment in the identity card coupled with village elders who
witness someone explain residence.

Or other breakthroughs that are considered effective and efficient so

that the sovereignty of the people can actually run in democracy.
The impression is seen today between human rights with each other
DPT drown each other. Ideally between human rights and DPT
should not be "fighting". Both must co-exist to determine the fate of
the nation and state. But it turns out, Indonesia is a country trapped
in a democracy that is procedural. Theoretically, that is, democracy
is understood only limited to mere technical procedures, such as
elections, political parties, the division of power through the Trias
Politica, or free press. When we already have the tools of
democracy, we had been satisfied and democratic. Another case, if
Indonesia implement substantive democracy, then we will feel the
recognition of the Constitution to guarantee the fulfillment of human
rights actually implemented.
Now, with the 2009 election procedures set forth in the Act, it is
clear that the substance of democracy hostage formal procedures,
so it is not profitable for the purpose of democracy itself that
ultimately defeated human rights. Democracy now seems
increasingly remote from the desire to change this country.

At the concept level, the relationship between human rights and

democracy is often defined as a relationship of mutual re-enforcing,
mutually reinforcing. Progress political work will strengthen human
rights protection. Protection of Human Rights will strengthen
democracy. Conversely, deterioration of democracy will make the
promotion of human rights and in turn memerosotkan democracy
itself. Government and the Commission rightly relearn the position
of human rights with human rights documents DPT surgically and
documents owned democracy, the goal is not wrong for placement.
For now, it is not necessary to find who is wrong, even though earlier
between the Commission with the Ministry of Home Affairs
recriminations about amburadulnya DPT. Chairman of the
Constitutional Court (MK) Mahfud MD also blamed the "Election
Commission who did not validate Population List of Potential Voters
Election (DP4) submitted by the Ministry of Home Affairs as well".

As an accountable democratic state claims, it is fitting together the

Election Commission issued a policy for citizens who have not
selected through the electoral aftershocks. This is important in
considering the obligations and responsibilities of democracy Saxon
countries that tied the komitmentnya on international human rights
instruments. If not, then the state has publicly alleged denial and
should state clearly violates the right to choose (right to vote)
citizens. Government and the Commission should not close your
eyes to this reality.

It is not possible to follow the election. Because the government and

Election Commission as election organizers authorities. The proof is
on 14 April in East Flores and Lembata, NTT, performed
supplementary elections due on April 9, coinciding with the
celebration of Holy Thursday, and Supplementary Elections
conducted in 150 polling stations in the province due to bad weather
on April 10, 2009. The same is done in Donggala, in the regency of
West Sumatra and Lampung on April 12, 2009.
Breakthrough Regulation No. 1 Year 2009 on Amendment of Law
Number 10 Year 2008 on Elections to fix DPT presidential election is
not the answer to solving the problems of citizens who lost their
voting rights. After all, had been repaired still important moment
overlooked the legislative elections.

Government and the Election Commission not to be ashamed and

feel like a failure if the presidential election postponed for
subsequent elections if that's as a form of fulfillment of human
rights. And to realize, is like this is done it will raise the dignity of the
nation before the eyes of the international as a country that
respects human rights and democracy. However, it seems it is
because given the pessimistic attitude of the State who so extol his
authority.

There's still some hope. Agenda sued to court have been made by
citizens through its legal counsel, that YLBHI, KIPP, and LBH PBHI
Chic. Lawsuit Citizen (Citizen Law Suit) are listed in the Central
Jakarta District Court, 23/4/2009 ago with No. 145/PDT.G/PN.JKT.PST
case. The goal is directed against the Commission and the President
of Indonesia on suspicion of unlawful acts which cause harm to the
citizens of the State (the loss of voting rights).

In this lawsuit, asking citizens to carry out elections Supplementary

defendant, the defendant to delay the election of President and Vice
President prior to the repair and rehabilitation rights of Plaintiffs and
other citizens, by organizing Supplementary Elections for all citizens
who have rights and want to participate in Election of DPR, DPD and
DPRD and stated that this decision can be implemented in advance,
despite efforts verzet, appeal, appeal, opposition and / or judicial
review (uitvoerbaar bij Voorraad).

Finally, let us pray that the judges who hear the case is always
sensitive, conscience, moral intelligence and professionalismenya
use in giving a just verdict for the public. Thus, the position and the
relationship between human rights with democracy back to normal
as usual.

*) YLBHI Coordinator of Post-LBH Banda Aceh, Lhokseumawe