President Joko “Jokowi” Widodo asserted his right to campaign and choose a side on Jan 24, but only if he didn’t use state facilities, sparking controversy.
There are opposing views on this statement. Critics argue that as President, Jokowi should remain neutral, safeguarding the interests of all parties in the upcoming election. However, supporters claim that he was simply quoting the law.
So, how should we approach this issue?
We must acknowledge that the Election Law grants the President the right to campaign, but there are restrictions. The law is a result of the 2017 deliberations between the President and the House of Representatives, and it attempts to create a balance where Jokowi has political rights as a private citizen, despite being head of state and government.
As a private citizen, the President has the right to elect or be elected, but there are restrictions on using state facilities. The president must take leave and refrain from making decisions that benefit or harm election participants.
The leave mechanism for the President is not entirely clear, giving flexibility to the President to determine their schedule without disrupting state administration duties. Regarding state facilities, the President cannot use resources financed by the state’s budget during campaigning.
There is a thin line between facilities attached to the position of president, such as security and health, and state facilities. It would be challenging to maintain neutrality and fairness when the President is campaigning for a preferred candidate.
While President Jokowi has the right to campaign, it raises questions about his role in the election. It may be wiser to stay neutral to ensure a level playing field for all candidates.
Despite potential justifications for campaigning, it is complicated by the fact that the President’s son is a vice presidential candidate. If the President insists on campaigning, the Election Supervisory Body (Bawaslu) should act fairly when investigating potential violations. The President should prioritize the nation’s interest over his own. However, the likelihood of success is uncertain, particularly with his son’s candidacy.
This situation may be counterintuitive. – The Jakarta Post/ANN
Alexander Hutauruk is co-founder of SNDP Services and managing partner at Agustinus Dharma Law Partnership. The views expressed are his own.
