This work is licensed under aCreative Commons Attribution-ShareAlike 4.0 International License.
Available online http://ojs.uma.ac.id/index.php/perspeksi
Application of the Principles of Electoral District Arrangement and Islamic Political Principles in the Formation of Electoral Districts for the DPRD of North
Sumatra Province for the 2024 Election
Agussalam*, Katimin & Elly Warnisyah Harahap
Master of Islamic Political Thought, Faculty of Ushuluddin and Islamic Studies, Universitas Islam Negeri Sumatera Utara, Indonesia
Submitted: 09, November 2023; Reviewed: 09, January 2024; Accepted: 18, January 2024 Abstract
This research discusses the application of electoral district structuring principles and Islamic political principles in the formation of North Sumatra Province DPRD Electoral Districts in the 2024 Election. Using qualitative research methods, normative approaches, and Miles and Huberman's interactive data analysis model. This research investigates the extent to which these principles are reflected in the determination of electoral districts. The results of the research show that the principle of equal vote value and the principle of proportionality has not been fully accommodated in the Determination of Electoral Districts for the DPRD of North Sumatra Province for the 2024 Election, based on the Principles of Electoral District Arrangement. According to the perspective of Islamic political principles such as obedience, justice, and equality (al-musawah), they cannot be fully applied in determining electoral districts. Further analysis reveals that the main factor causing the non-implementation of these principles is political influence in determining electoral districts for the DPR and Provincial DPRD in the 2024 Election. This research makes an important contribution to understanding the challenges and obstacles faced in realizing the democratic and political principles of Islam in the context of regional elections. The implications of these findings emphasize the need for reform to increase the value of voting representation and proportionality, in line with Islamic political principles. Practical recommendations involve policy reform and tighter oversight to reduce detrimental political influences. It is hoped that these steps will improve the implementation of these principles in future regional election systems.
Keywords: Electoral District; Principles of Electoral District Structuring; Islamic Political Principles; Election.
How to Cite: Agussalam, Katimin, & Harahap, E.W. (2024).Application of the Principles of Electoral District Arrangement and Islamic Political Principles in the Formation of Electoral Districts for the DPRD of North Sumatra Province for the 2024 Election. PERSPEKTIF, 13 (1): 92-105
*Corresponding author: Agussalam Email: [email protected]
ISSN2549-1660 (Print) ISSN 2550-1305 (Online)
INTRODUCTION
Electoral districts (districts) are one of the important elements in the Proportional General Election (Pemilu) system. Like a competition, an electoral district (dapil) is a battle arena for political parties and/or prospective legislative members in competing for voters' votes to win the available seats in representative institutions (Agustyati &
Wulandari, 2013).
Electoral districts as an arena for political parties to fight for the people's votes should be arranged and determined with great care because electoral districts that are determined haphazardly have the potential to harm the sense of justice of the community and also to injure the sense of justice of some of the election participants (Surbakti, Supriyanto, Asy'Ari, et al., 2011).
Electoral districts and the number of seat allocations for each electoral district must be made as fairly as possible by considering the population. The value of votes (seat prices) between electoral districts must be made equal, and this equality of vote value is the most important principle of the 7 (seven) principles for structuring electoral districts, namely:
equality of vote value; adherence to a proportional electoral system, proportionality;
territorial integrity; coterminous;
cohesiveness; and continuity.
Justice and equality are not only important principles in democratic countries but are also very important in Islamic countries.
In Islamic political discourse, justice (ةَلاَدَع = 'adālah) and equality (ةاواسم = musāwāh) are two important principles that must always be upheld and upheld. In the Qur'an Surah al- Maidah verse 8, Allah SWT says:
“O you who believe, let you be those who always uphold (the truth) for the sake of Allah, be witnesses fairly. And never let your hatred of a people encourage you to act unfairly. Be fair, because justice is closer to piety. And fear Allah, verily Allah is All-Knowing of what you do” (Al- Qur'an and its Translation, 1983).
By the verse above, a Muslim must not treat anyone unfairly, even people he dislikes. It is not permissible to treat people unfairly just because of differences in ethnicity, religion, race, skin color, regional origin, and other factors, because Islam views every human being as equal before Allah. In the Qur'an, Surah Al-Hujrat verse 13, Allah says:
“O mankind, indeed We created you from a man and a woman and made you into nations and tribes so that you may know each other.
Indeed, the noblest among you in the sight of Allah is the most pious among you. Indeed, Allah is All-Knowing, All-Knowing" (Al-Qur'an and its Translation, 1983).
In democracy, equality (ةاواسم) and justice (ةَلاَدَع) are part of the principles and principles of elections. Elections in Yusuf Al-Qaradawi's view are a type of testimony, he said: "If we observe a system such as the general election system, then according to the Islamic view this is a 'testimony' to the candidate regarding his/her worthiness."
Therefore, voters are required to fulfill the requirements of a witness, such as being fair and having good behavior. Allah said, 'And testify with two fair witnesses among you' (ath- Thalaq [65]:2). His words, 'From the witnesses, you are pleased with' (al-Baqarah [2]:282).
Here, the requirements of justice can be relaxed according to the circumstances, so that the people can provide as many testimonies as possible. Everyone is expected to provide testimony (Qardhawi, 1997).
Based on the information above, election fairness is not only the responsibility of election organizers and the government to make it happen, but it is also the responsibility and obligation of every voter to be able to act fairly in elections. Fairness in elections must be implemented at every stage, including in the stages of forming electoral districts and distributing seat allocations (Zuhri, 2018).
One form of justice that must be realized in the stages of forming electoral districts is fairness in the distribution of representative seat allocations, in this case, no electoral district should receive more seats than it should and/or get fewer seats than it should (Sapardiyono & Santoso, 2023).
The principle of equality in the electoral district formation stages is applied in the form of each person having the same vote value in the election (one person one vote one value), therefore in a country that adheres to representative democracy, each people's representative should represent the same number of people (Muhammad et al., 2023).
If we observe the North Sumatra Province Regional People's Representative Council (DPRD) electoral district for the 2024 Election which has been formed by the General Election
Commission (KPU), this principle of equality does not seem to be fulfilled. This assumption originates from the re-determination of the North Sumatra DPRD's electoral district and seat allocation in the 2019 Election as an Electoral District for the 2024 Election. The population from the 2019 Election to the 2024 Election will experience fluctuations (increase or decrease).
Based on this, the author suspects that the DPRD Electoral District of North Sumatra Province in the 2024 Election which has been formed and determined by the KPU through KPU Regulation Number 6 of 2023 does not fulfill the principles of forming electoral districts, especially the principle of equality.
Apart from that, the author also suspects that the principle of justice was not fulfilled in the formation of the North Sumatra DPRD electoral district for the 2024 elections. Based on these allegations, the author is interested in researching how the principles of electoral district structuring and Islamic political principles are applied in the formation of North Sumatra DPRD electoral districts for the 2024 elections.
According to the author, the application of Islamic political principles is important to see, because Indonesia as a Pancasila country based on the belief in the Almighty Godhead should in state life, divine values in the form of religious teachings must animate all activities of national and state life, especially in policy making. country.
Research from Azhar et al., (2023), research found that the process of preparing, structuring, and determining the electoral districts for DPRD members in Deli Serdang Regency has been fully regulated through KPU Regulations and Decrees. The existence of restrictions on the maximum and minimum numbers in determining seats in representative institutions results in disparities in the value of votes cast nationally or at the provincial level between districts/cities in their regions (Azhar et al., 2023).
Further research from Mirasudin (2022), this research found that the mechanism for selecting regional heads, and regional head elections is not the same as in the provisions of Law Number 10 of 2016 which mandates the implementation of regional heads being elected directly by the people, but in the fiqh siyasah of
regional head elections elected directly by the head of state (caliph) with the provisions of two mechanisms, namely voluntary and forced election. Apart from that, from an Islamic perspective, there are basic principles that should be implemented to elect regional heads (leaders), namely the principle of deliberation (sure) (Mirasudin, 2022).
Lastly, research from Idrus (2019), this research shows that the arrangement of electoral districts for the Selayar Islands Regency DPRD in the 2019 Election refers to the principles of structuring electoral districts as outlined in KPU regulations as well as technical instructions for structuring Electoral Districts for Regency/City DPRD in the 2019 Election (Idrus, 2019).
This research aims to investigate and describe the implementation of electoral district structuring principles and Islamic political principles in the process of forming electoral districts for the DPRD of North Sumatra Province in the 2024 Election. This research also aims to provide an in-depth understanding of the influence of these principles in the context of implementing democracy and political representation at the provincial level, especially in describing the characteristics and dynamics of general elections that reflect Islamic political values and norms as well as efforts to organize effective electoral districts.
RESEARCH METHODS
To analyze the problems studied, the author uses qualitative methods with a normative approach. The normative approach is considered appropriate to use because the object of this research is a political science study object, and what is used as a benchmark in this research are the principles of electoral structuring and the principles of Islamic politics (Esposito, 1990; Zuhairini, 2014).
In Political Science, the normative approach is a classic tendency that has been used since political science was still integrated with philosophy. The normative approach examines norms in the form of rules of life or a set of principles about rights and obligations that guide us in practicing values. (Chilcote, 2016).
Normative reasoning focuses on what should be the goal of political science.
Budiardjo (2008), includes the values and norms approach as one of the characteristics of traditional approaches in political science research. Meanwhile, in Islamic studies, the normative approach cannot be separated from the study of Islamic studies, this is because Islam as a revealed religion cannot be separated from Godly norms (Nasution, 2008).
As a normative approach, how (ideally) electoral districts should be formed will also be explained in the results of this research. This is because the normative approach in political science also investigates what should be, Marsh
& Stoker (2019) say, that political science is not only limited to investigating what exists (empirical facts)(Marsh & Stoker, 2017).
The data for this research was collected using literature searches and interviews.
Literature study, namely reviewing books and research reports regarding the formation of electoral districts and the distribution of seat allocations, including reviewing regulations related to the formation of electoral districts and the distribution of seat allocations for the Provincial DPRD.
It is important to review these library sources to formulate basic research assumptions. Apart from that, because the feasibility of electoral districts and the allocation of seats is measured based on Islamic political principles, literature data regarding the principles of Islamic political principles will also be used as data in this research, in addition to other data that is related to the formation of electoral districts and distribution of seat allocations such as population data, historical data, and customs of the people of North Sumatra Province, as well as regional data/maps of North Sumatra Province.
The interviews were conducted to find out the process of creating and implementing electoral district planning as well as the consequences of creating these electoral districts. Interviews were conducted to gain an in-depth understanding of the process of creating and implementing electoral district planning as well as the impact of the formation of these electoral districts. Therefore, the involvement of the parties involved in the process of structuring electoral districts and distributing seat allocations for the North Sumatra Province DPRD in the 2024 Election, including relevant members/officials in the Provincial KPU and the Republic of Indonesia
KPU, is very important to interview. This is because decisions regarding electoral districts, which are determined by the KPU as a state institution, can be considered as state political decisions. According to Surbakti (2010), the process of making and implementing political decisions is the center of attention of political science (Surbakti, 2010).
In the context of determining electoral districts as state policy, the impact is significant for society. Therefore, apart from related parties in the KPU, community figures from several electoral districts who were considered to have concerns about the implementation of the election were also interviewed to obtain a broader perspective. Respondent selection criteria and bias reduction measures will be explained in more detail to ensure the accuracy and diversity of data obtained from interviews.
After data collection, analysis was carried out using an interactive model developed by Miles and Huberman. This interactive analysis model consists of three activities that interact and take place simultaneously, namely data condensation, data display, and conclusion drawing/verification (Miles, 2020). The researcher moves between these three stages during the data collection process and then iterates between condensation, data display, and conclusion drawing/verification.
According to Figure 1. interactive analysis model, the researcher continually moves between these nodes during data collection and then goes back and forth between condensing, displaying, and inferring/verifying.
Figure 1. Data Analysis Components:
Interactive Model.
Source: Matthew B. Miles, et al. Qualitative Data Analysis, 2020
RESULTS AND DISCUSSION
Allocation of DPRD Seats and Implementation of Principles for
Structuring Electoral Districts for North Sumatra Province in the 2024 Election
The Electoral Districts for DPRD Members of North Sumatra Province and the distribution of seat allocations for each electoral district in the 2024 Election were determined by the KPU on February 6, 2023, through KPU Regulation Number 6 of 2023 concerning Electoral Districts and Allocation of Seats for Members of the People's Representative Council, Regional People's Representative Council Provinces, and Regency/City Regional People's Representative Councils in the 2024 General Election.
Based on Aggregate Population Data per District (DAK2) for Semester I of 2022 which was used by the North Sumatra Province KPU as the basis for arranging the North Sumatra Province DPRD Electoral Districts in the 2024 Election, the population of North Sumatra Province is 15,305,230 people. Because the population of North Sumatra Province is still between eleven million and twenty million
people, by Article 188 paragraph (2) letter g of Law Number 7 of 2017 it can be confirmed that the number of seats in the North Sumatra Province DPRD is 100 seats.
Principle of Equal Value of Votes
In the electoral structuring stage, this principle is implemented through equalizing seat prices. Each seat between electoral districts must be of equal value, even if there is a difference in the price of seats between electoral districts, then the price difference cannot be less than 90 or more than 110, in other words, the difference must remain in the range of -10% to +10%(Surbakti, Supriyanto, Asy'ari, et al., 2011). If the comparison result between the Population Divisor Number (BPPd) of the electoral district and the Provincial BPPd is closer to 100, it will be seen as more equal. Therefore, to measure the level of equality of vote value, the formula is BPPd Dapil divided by BPPd Province multiplied by 100.
Table 1
Comparison of BPPd Dapil with BPPd Province
Constituency Total population
Chairs amount
BPPd Dapil
Difference between BPPd Dapil and BPPd
Provincial
% BPPd Dapil Thd BPPd Prov
1 1,537,318 10 153,731 679 100.44
2 989,732 7 141,390 (11,662) 92.38
3 1,991,108 12 165,925 12,873 108.41
4 846,775 5 169,355 16,303 110.65
5 1,414,579 10 141,457 (11,595) 92.42
6 1,227,881 8 153,485 433 100.28
7 1,570,098 10 157,009 3,957 102.58
8 900,179 6 150,029 (3,023) 98.02
9 1,344,021 9 149,335 (3,717) 97.57
10 1,313,334 8 164,166 11,114 107.26
11 785,598 5 157.116 4,064 102.65
12 1,384,607 10 138,460 (14,592) 90.46
Population: 15,305,230 people Chairs amount: 100Chair Provincial BPPD : 153,052
Data comparing the electoral district BPPd with the provincial BPPd shows that North Sumatra electoral district 4, which includes Serdang Bedagai Regency and Tebing Tinggi City, has a BPPd difference of 110.65%, exceeding the 110% limit. This indicates a violation of the principle of equality (malapportionment). The principle of equality
of seats states that the difference between the electoral district BPPd and the provincial BPPd should be in the range of 90% to 110% to be considered equal. A difference below 90% or above 110% is considered unequal, while closer to 100% is considered more equal.
Several other electoral districts also almost experienced malapportionment, such as North
Sumatra 12 electoral district (90.46%
difference), North Sumatra 3 (108.41%
difference), North Sumatra 2 (92.38%
difference), North Sumatra 5 (92.42%
difference), and North Sumatra 10 (difference 107.26%). The electoral districts that are most equal or almost equal are North Sumatra Dapil 6 (100.28% difference) and North Sumatra Dapil 1 (100.44% difference).
There ismalapportionment the number of electoral districts that are almost approaching malapportionment in the 2024 North Sumatra DPRD electoral district for the 2024 election shows that there are indications of injustice in the distribution of seat allocations between electoral districts (Delmana et al., 2019).
To find out whether there is injustice in the distribution of seat allocations to each electoral district, you can see the calculation table for the distribution of seat allocations in Table 2 below.
The calculation method is, first we will test the calculation of the distribution of seat
allocations for each electoral district, as in theory it is explained that this distribution uses the formula for the population of the electoral district divided by the Provincial BPPd.
If the calculation results based on this formula produce a fractional number, then the number after the comma is discarded, whereas the number after the comma will later be converted back to the remaining population. To calculate the remaining population, the formula is used:
The remaining population is important to calculate because it will be useful later in phase II calculations. Stage II calculations are carried out if after stage I calculations it turns out that all the Provincial DPRD seats have not been distributed completely to each electoral district, then the remaining seats that have not been divided will be distributed to the electoral districts that have the largest remaining population in sequence, starting from the electoral districts with the largest remaining population first, second, third and so on until all the seats have been distributed.
Table. 2
Distribution of Seat Allocations using the 2024 North Sumatra DPRD Electoral District Map
Constituency Total population
Phase I Seat Allocation
The rest of the population
Remaining Population Ranking
Phase II Seat Allocation
Total Seat Allocation
1 1,537,318 10 6,798 10
2 989,732 6 71,420 6
3 1,991,108 13 1,432 13
4 846,775 5 81,515 IV 1 6
5 1,414,579 9 37.111 9
6 1,227,881 8 3,465 8
7 1,570,098 10 39,578 10
8 900,179 5 134,919 I 1 6
9 1,344,021 8 119,605 II 1 9
10 1,313,334 8 88,918 III 1 9
11 785,598 5 20,338 5
12 1,384,607 9 7,139 9
JLh 15,305,230 96 612,238 4 100
Population: 15,305,230 people Number of Seats: 100 Seats Provincial BPPD: 153,052
Based on the Seat Allocation Calculation in Table 2 above (using DAK2 population data for Semester I 2022) we can see that several electoral districts received fewer seats than
they should have, and several other electoral districts received more seats than they should have.
Table 3.
Comparison of the Allocation of Seats for Each Electoral District in the Electoral District and the Allocation of Seats for the North Sumatra DPRD for the 2024 Election which has been
determined by the Indonesian KPU with Calculation of Obtainations Seats That Should Be Received by Each Electoral District Constituency Allocation of Seats Based on KPU
Decree No. 6 of 2023
Allocation of Seats Should be (according to population) North
Sumatra 1 10 10
North
Sumatra 2 7 6
North
Sumatra 3 12 13
North
Sumatra 4 5 6
North
Sumatra 5 10 9
North
Sumatra 6 8 8
North
Sumatra 7 10 10
North
Sumatra 8 6 6
North
Sumatra 9 9 9
North
Sumatra 10 8 9
North
Sumatra 11 5 5
North
Sumatra 12 10 9
Amount 100 100
Table 3 clearly shows that of the twelve North Sumatra DPRD electoral districts for the 2024 Election, only six electoral districts received seat allocations as they should.
Meanwhile, three other electoral districts, namely North Sumatra 3 (Deli Serdang Regency), North Sumatra 4 (Serdang Bedagai Regency and Tebing Tinggi City), and North Sumatra 10 (Simalungun Regency and Pematang Siantar City), received fewer seat allocations than they should. For example, the North Sumatra 3 electoral district was supposed to get 13 seats but was only given 12 seats. On the other hand, three other electoral districts, namely North Sumatra 2, North Sumatra 5, and North Sumatra 10 were allocated more seats than they should have been. For example, North Sumatra 2 should only get six seats but was given seven seats, as well as North Sumatra 5 and North Sumatra 10 which were supposed to get nine seats but were given ten seats. Conditions like this violate the principle of fairness in elections.
The lack of allocation of electoral district seats received a response from local political observers. Junita Lila Sinaga emphasized the importance of paying attention to the principle of equal vote value in political contestations that take place every five years. According to him, this is a basic aspect that needs to be considered (Interview with Junita Lila Sinaga, resident of Pematangsiantar City, Wednesday, 17 June 2023).
Pantas Tarigan, a political observer in Deli Serdang Regency, also added that the allocation of seats by the principle of equality of values must be a common concern.
Inappropriate distribution of seats can lead to injustice, as experienced by Deli Serdang Regency in the 2024 Election. Deli Serdang Regency should have received 13 seats in the DPRD of North Sumatra and divided them into two electoral districts, but in reality, they were only given 12 seats, the same as in the previous election (Interview with Pantas Tarigan,
election observer in Deli Serdang Regency, Thursday, 18 June 2023).
The principle of obedience and proportionality
The Proportional Election System encourages the formation of electoral districts with large seats and avoids electoral districts with small seats. Experts categorize the size of electoral districts into three categories, namely small electoral districts (1-5 seats), medium electoral districts (6-10 seats), and large electoral districts with more than 11 seats.
(Loss, 2021). The North Sumatra DPRD electoral district's compliance with the Proportional Election System can be seen in the following table:
Table 4.
Size of DPRD Electoral District North Sumatra 2024 Election
DAPIL
The size of the electoral
district
North Sumatra 1 10
North Sumatra 2 7
North Sumatra 3 12
North Sumatra 4 5
North Sumatra 5 10
North Sumatra 6 8
North Sumatra 7 10
North Sumatra 8 6
North Sumatra 9 9
North Sumatra 10 8
North Sumatra 11 5
North Sumatra 12 10
Amount 100
Table 4 shows that of the twelve North Sumatra DPRD electoral districts in the 2024 elections, only North Sumatra electoral district 3 (Deli Serdang) is categorized as a large electoral district, while the other nine electoral districts are categorized as medium electoral districts. Two electoral districts, namely Electoral District 4 and Electoral District 11, are included in the small electoral district category.
The formation of a small electoral district for electoral district 4, which includes Serdang Bedagai Regency and Tebing Tinggi City, may be carried out to maintain the principle of electoral integrality and cohesiveness because Tebing Tinggi City is in the middle of Serdang Bedagai Regency. Likewise, electoral district 11, which consists of Karo, Dairi, and Pakpak
Bharat regencies, looks very cohesive and integral. From a historical perspective, Dairi and Pakpak Bharat Regencies were originally merged into Karo Regency, then Dairi became an expansion of Karo, and Pakpak Bharat was formed from the expansion of Dairi Regency.
Merging the two with other districts would damage the cohesiveness of neighboring electoral districts and potentially exceed the allocation of 12 seats, as well as violating the coterminous principle. Therefore, the existence of two small category electoral districts in the 2024 North Sumatra DPRD Election Dapil is still understandable.
The principle of proportionality seems to have been neglected in the formation of the North Sumatra DPRD electoral district in the 2024 elections. Dapil 4 and Dapil 11 have a seat allocation of 5 seats each, while Dapil 3 has an allocation of 12 seats, creating a gap of 7 seats (12 seats – 5 seats). The factor of prioritizing the principles of integrality and cohesiveness is most likely the cause of neglecting the principle of proportionality. However, if the KPU is serious about reviewing the structure of the North Sumatra DPRD electoral district for the 2024 elections, the principle of proportionality can be better maintained. The average seat allocation per electoral district is 8.33 representative seats (Azhar et al., 2023b).
The North Sumatra 1 and North Sumatra 2 electoral districts, which are part of Medan City with a total of 16 seats, can be allocated 8 seats each to avoid disproportionality.
Meanwhile, Dapil 3, which should get 13 seats in the 2024 elections, can be divided into two electoral districts, namely Deli Serdang A and Deli Serdang B, each allocated 6 and 7 representative seats. In this way, disproportionality can be avoided, because all the electoral districts formed will tend to be in the medium electoral district category. Ignoring the principle of proportionality has the potential to create an unequal level of competition between electoral districts.
Principle of Regional Integrality and Coterminous Principle
Regional integration refers to the arrangement of districts/cities or parts of districts/cities (sub-districts) into one electoral district that borders each other, taking into account the integrity and integration of the region in terms of geography, means of communication, and ease of transportation. In
general, the regional integrity of the North Sumatra electoral district fulfills this principle with integration between regions which facilitates transportation access. The twelve electoral districts in North Sumatra are integrated areas in terms of geography, regional connectivity, and ease of transportation access. Thus, the principle of integrality was implemented well in the formation of the 2024 North Sumatra DPRD electoral district.
Figure 2. Map of North Sumatra Province DPRD electoral districts in the 2019 Election and 2024
Election
Source: North Sumatra Province KPU The coterminous principle, which refers to the formation of Provincial DPRD electoral districts from one, several, or parts of districts/cities that are completely covered in one DPR electoral district, is very important in the context of Indonesian elections. This is because the elections for the DPR, Provincial DPRD, and Regency/City DPRD are held simultaneously. In North Sumatra, the allocation of 30 seats for the DPR RI is divided into three electoral districts. Electoral District 1 includes Serdang Bedagai, Tebing Tinggi, Medan, and Deli Serdang. Electoral District 2 includes North Labuhan Batu, Labuhan Batu, South Labuhan Batu, North Padang Lawas, Padang Lawas, Mandailing Natal, South Tapanuli, Padang Sidempuan City, Central Tapanuli, Sibolga, South Nias, West Nias, Nias, North Nias, Gunung Sitol, North Tapanuli, Humbang Hasundutan, Toba, and Samosir.
Electoral District 3 includes Langkat, Binjai, Karo, Dairi, Pakpak Bharat, Simalungun,
Pematang Siantar, Batubara, Asahan and Tanjung Balai. Analysis of regional suitability between the DPR RI and DPRD electoral districts shows that the coterminous principle is fulfilled in the formation of the North Sumatra DPRD electoral district in the 2024 elections.
Principle of Cohesiveness and Principle of Continuity
The principle of cohesiveness in forming electoral districts must take into account history, socio-cultural conditions, customs, and minority groups. In forming Provincial DPRD electoral districts, the combined districts/cities should have similar histories and customs, without ignoring minority groups. This principle is crucial in the context of the Indonesian Election, taking into account the diversity of tribes, customs, customs and religions in Indonesia. Ignoring the principles of regional cohesiveness and integrality has the potential to cause public dissatisfaction with the election results, especially if a group of people feels they do not have representation in parliament. In North Sumatra, religious and tribal heterogeneity does not dominantly influence the formation of electoral districts.
Even though this region is quite diverse, there are no problems related to cultural cohesiveness, customs, ethnicity, history, or religion in the formation of electoral districts.
Meanwhile, according to the principle of continuity, in preparing electoral districts, the KPU must pay attention to pre-existing electoral districts, unless the allocation of seats in the electoral district exceeds 12 (twelve) seats or if it conflicts with the other six principles (Pardede, 2014).
Because the KPU has determined the 2019 Election Electoral District to be used as the North Sumatra Province DPRD electoral district in the 2024 Election, then of course the principle of continuity of this electoral district is fulfilled in the formation of the 2024 North Sumatra DPRD electoral district. However, this principle of continuity should not be used because given that population development has caused several electoral districts should receive an increase and decrease in the number of seats. Like Dapil 3, namely Deli Serdang Regency, based on population, this Regency should be split into two Dapils because, in
terms of population, Dapil 3 should get 13 seats in the 2024 Election.
Application of Islamic Political Principles in the Formation of North Sumatra Province DPRD Electoral Districts for the 2024 Election
The main basis for Islamic political principles related to the formation of electoral districts is the principle of shūrā, the principle of obedience (at-ṭā'ah), the principle of justice (al-'adālah), and the principle of equality or equity (al-musāwāh). These principles are also shared as the principles of democracy and the rule of law. The formation of electoral districts as one of the state policies in organizing elections should ideally not be separated from religious values and the application of Islamic political principles in the policy for establishing Electoral Districts in 2024 implemented by the KPU.
Application of the Principle of Deliberation (Shūrā)
The determination of North Sumatra Province DPRD electoral areas in the 2024 Election, as a state policy assigned to the KPU, should involve deliberation or public consultation procedures (Hadita & Harijanti, 2022). Unfortunately, the KPU has not issued regulations or decisions regarding the procedures or mechanisms for structuring Provincial DPRD electoral districts for the 2024 elections. There are only regulations and decisions regarding the arrangement of Regency/City DPRD electoral districts, such as General Election Commission Regulation Number 6 of 2022 concerning the Arrangement of Electoral Districts and Allocations of Seats for Members of Regency/City Regional People's Representative Councils in General Elections, as well as General Election Commission Decree Number 488 of 2022 concerning Technical Guidelines for Structuring Electoral Districts and Allocation of Seats for Members of Regency/City Regional People's Representative Councils in General Elections.
If we refer to the General Election Commission Regulation Number 6 of 2022, in organizing electoral district planning there are deliberation stages (meetings) that must be carried out by the Regency/City KPU, namely, asking for input/responses from the public regarding the electoral district design that has
been made by the KPU. Regency/City, then after that the Regency/City KPU invites community figures in the district/city to carry out a public test of the electoral district design that has been made by the KPU. Participants in this public test consist of a. local government; b. district/city- level political parties; c. Regency/City Bawaslu;
d. election observers; e. academics; f.
community leaders/traditional leaders; and/or other stakeholders. In the Public Test, the Regency/City KPU conveyed: a. method for preparing electoral districts and calculating seat allocation; b. the electoral district structuring plan that has been prepared; and c.
recapitulation of input and community responses.
Based on an interview with Maruli Pasaribu, SH, Head of the Technical Section for Election Implementation and Public Relations Participation at the North Sumatra Provincial KPU, the formation of Electoral Districts and the allocation of North Sumatra DPRD seats in the 2024 Election involved an order from the Indonesian KPU, namely Letter Number 51/PL.01.3- SD/05/2023, dated January 13, 2023. The letter ordered the Provincial KPU to conduct a public examination regarding the Provincial DPRD Electoral District Draft. The KPU of North Sumatra Province has carried out a Public Test on the three electoral district plans that were prepared, the event was held on January 20 2023 at the LePolonia Hotel Medan.
Public test participants involve various parties, such as the Chair of the DPRD of North Sumatra Province, Chairs of Fractions in the DPRD SU, Commission A DPRD SU, Polda SU, Bawaslu, Kejatisu, Kesbangpol, Media/Press, chancellors of universities throughout the city of Medan, community organizations/ religious groups, youth organizations, election observer organizations, and others (Interview with Maruli Pasaribu, Head of the North Sumatra KPU Technical Election Organizing Division, on August 30, 2023).
Based on the explanation above, the principle of deliberation (Shūrā) has been fulfilled in the formation of the North Sumatra DPRD electoral district for the 2024 Election.
Application of the Obedience Principle(at- ṭā'ah)
Katimin (2019), explains that obedience to Allah is proven by obeying His laws, namely the Koran. Obedience to the Prophet is proven by obedience to the Sunnah of the Prophet
(Hadith). Likewise, obedience to the government is proven by obedience to the constitution or state laws (Katimin, 2019).
The principle of obedience in the context of a rule of law state, where all policies and decisions of the state government (ūlil amri) must be based on statutory regulations, then obedience to ūlil amri is obedience to the statutory regulations that have been made by ūlil amri (government)(Wiguna, 2021).
In a democratic country, state administration power (ulil amri) is divided into three branches of power, namely executive, legislative, and judicial. So compliance with state regulations made by each branch of power must be obeyed.
In the context of the arrangement of electoral districts, the Constitutional Court (MK) as a state institution that has the power in the judicial sector to examine the conformity of laws with the Constitution, on December 20, 2022, through Decision Number 80/PUU- XX/2022, the MK has annulled Article 187 paragraph (5) and Article 189 paragraph (5) of Law Number 7 of 2017 also cancels Attachment III and Attachment IV relating to the regulation of electoral districts for DPR members and provincial DPRD members because they conflict with Article 1 paragraph (2), Article 1 paragraph (3), Article 22E paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution.
Constitutional Court Decision Number 80/PUU-XX/2022 ordered the KPU to organize the DPR and Provincial DPRD electoral districts according to the principles of electoral district arrangement and determine the results through KPU Regulations. However, on January 11, 2023, the Hearing Meeting (RDP) between Commission II of the DPR and the Ministry of Home Affairs, KPU, Bawaslu, and DKPP agreed on the use of the 2019 Election Dapil. This means continuing to follow Attachments III and Attachments IV to Law No. 7 of 2017 concerning Elections. On February 6, 2023, the KPU determined the electoral districts and allocation of seats for members of the DPR, Provincial DPRD, and District/City DPRD in the 2024 Election through PKPU No. 6 of 2023. The DPR and Provincial DPRD electoral districts in the PKPU are identical to the electoral districts and seat allocations in the 2019 elections, except in the new provinces in Papua. This
means that the North Sumatra Province DPRD electoral district and seat allocation also remain the same as the 2019 election electoral district, as stated in Attachment IV to Law no. 7 of 2017 which has been canceled by the MK.
The principle of obedience (at-ṭā'ah) was neglected in the formation of the North Sumatra Province DPRD electoral districts in 2024 because the KPU did not fully implement the Constitutional Court's decision which ordered the arrangement of DPR and Provincial DPRD electoral districts in the 2024 elections by the principles of electoral district arrangement.
Even though the KPU has determined electoral districts through KPU Regulations, it still refers to Attachments III and Attachments IV to Law No. 7 of 2017, which has been annulled by the MK. The KPU implemented the results of the RDP on January 11 2023 which mandated the use of electoral districts and seat allocation for the 2019 elections, even though the Constitutional Court's decision canceled Attachments III and Attachments IV to the Law.
Even though the KPU is obliged to consult with the DPR and the Government in making the PKPU, the results of the RDP must not ignore the substance of the Constitutional Court's decision, because the MK's decision has equal status with the law. The obligation to obey the Constitutional Court's decisions must be upheld.
Based on the explanation above, it is not an exaggeration if the author concludes that the principle of obedience, especially obedience to the Constitutional Court's decision Number 80/PUU-XX/2022, was neglected in the determination of electoral districts and the distribution of seat allocations for the North Sumatra Provincial DPRD in 2024.
Application of the Principles of Justice (al- 'adālah)
Al-'adalahand sometimes also called qisṭu, which is generally translated as justice in Indonesian, has a similar goal, namely upholding truth values in various aspects, including faith, worship, morals, law, and social.
Regarding seat allocation, because the allocation can be measured clearly through a formula that has been agreed upon by experts, it appears that the distribution of Seat Allocation for DPRD Electoral Districts for North Sumatra Province in the 2024 Election
does not meet the principles-qisṭu (justice).
Injustice is manifested because there are electoral districts that receive more seats than they should and other electoral districts that receive fewer seats than they should. The region that received fewer seats than it should have was Deli Serdang Regency, which should have received 13 seats but was only given 12 seats; North Sumatra electoral district 4 (Serdang Bedagai & Tebing Tinggi), was supposed to get 6 seats, but was only given 5 seats; and North Sumatra electoral district 10 (Simalungun and Pematang Siantar City), was supposed to get 9 seats, but was only given 8 seats. Meanwhile, the electoral district that received more seats than it should have was North Sumatra 2 (Medan B) electoral district, which should have received 6 seats, but was given 7 representative seats; North Sumatra electoral district 5 (Asahan, Batubara, Tanjung Balai), should have received 9 seats, but was given 10 seats, as well as electoral district 12 (Langkat Binjai) which should have been allocated 9 seats, but was given 10 seats. This reality is a violation of the principle of justice (al-qisṭu) in the context of Islamic politics.
Another principle of justice in the form of (al-'adālah) which has the potential to be violated is the fairness of the level of competition between election participants between electoral districts in fighting for seats.
the fact that the 2024 electoral district that has been determined by the KPU has a fairly high level of disproportionality, namely a difference of 7 seats. The average regional seat allocation for North Sumatra is 8.33, while there are large electoral districts with an allocation of 12 seats and small electoral districts with an allocation of 5 seats. In theory, competing in electoral districts with many seats is easier than competing in electoral districts with few seats.
This theory arises from the mathematical relationship "the larger the electoral district, the smaller the percentage of votes needed to win a seat, conversely the smaller the size of the electoral district, the smaller the percentage of votes needed to win a seat". If the size of the electoral districts between electoral districts is too unequal, there will be unbalanced competition between political parties and candidates between one electoral district and another.
Application of the Principle of Equality (al- Musāwāh)
The principle of al-Musāwāh also known as the principle of equality in Islamic politics is to view every citizen as equal before the law and government. It does not differentiate between ethnicity, religion, regional origin, and skin color of citizens. Therefore, the principle of equality is identical to the principle of justice (Muhammad Ja'far, 2019).
The fact that there is a significant difference in seat prices between electoral districts in the 2024 North Sumatra DPRD electoral district has violated this principle of equality, even though the price difference between seats could still be reduced if the KPU did not determine the 2019 North Sumatra Provincial DPRD electoral district to be the electoral district used in the 2024 General Election.
The fact that some electoral districts get more seats than they should and some others get less than they should certainly harm the sense of justice of the people in electoral districts that have fewer representative seats.
The KPU should be careful in this matter so that each electoral district feels that it is needed equally (equally) by the state.
CONCLUSION
Based on the results of the analysis above, regarding the application of the principles of electoral district structuring and seat allocation as well as Islamic political principles in the formation of electoral districts and the allocation of seats for the North Sumatra Province DPRD in the 2024 Election, it can be concluded that the formation of electoral districts and the distribution of seat allocations have not fully complied—seven principles for forming electoral districts. Of the seven principles, two principles are not fulfilled, namely the principle of equality of vote value and the principle of proportionality.
From an Islamic political perspective, principles such as obedience (ةعاط), justice (ةَلاَدَع), and equality (ةاواسم) have also not been fully implemented in the formation of Electoral Districts and the allocation of North Sumatra Province DPRD seats in the 2024 Election.
There was an agreement between Commission II of the DPR RI with the KPU, Bawaslu, DKPP, and the Ministry of Home Affairs on January 11, 2013, causing the North Sumatra DPRD
electoral district in the 2024 elections to not fully comply with the principles of electoral district formation and Islamic politics.
To overcome this discrepancy, involving various stakeholders through deliberative forums can increase participation in the electoral district formation process. The importance of establishing clear respondent selection criteria, including representatives from various levels of society, to ensure more accurate representation. A more transparent public testing process, by openly explaining the method of drawing up electoral districts and seat allocation, as well as responding seriously to public input, could increase legitimacy and trust in the final results.
Further analysis of the impact of this discrepancy on political representation and justice is needed. This involves identifying potential consequences for inclusivity and diversity in the Provincial DPRD, evaluating the level of fairness in the distribution of seat allocations, as well as assessing the long-term impact on political stability and community participation.
REFERENCES
Agustyati, K., & Wulandari, L. (2013). Determining the arena for contesting DPRD seats:
application of democratic election principles in the formation of electoral districts for provincial DPRD and district/city DPRD 2014 Elections. Needem Foundation.
Azhar, S., Situmorang, TP, & Ginting, B. (2023a).
Policy Analysis for Structuring and Determining Electoral Districts for the 2019 Deli Serdang Regency DPRD Election.
Perspective, 12(2), 712–728.
Chilcote, R.H. (2016). Comparative Political Theory:
Paradigm Search. Raja Grafindo Persada.
Delmana, LP, Zetra, A., & Miko, A. (2019).
Construction of Indicators and Formula for Election Quality Assessment in Indonesia.
JPPUMA Journal of Government and Social Politics, Medan Area University, 7(1), 60.
https://doi.org/10.31289/jppuma.v7i1.200 0
Esposito, J. L. (1990). Islam and Politics. Moon Star.
Hadita, C., & Harijanti, SD (2022). The Urgency of the Principle of Deliberation for Regional Institutions in the Perspective of the State of Pancasila Law. Law Enforcement Scholarly
Journal, 9(2), 132–140.
https://doi.org/10.31289/jiph.v9i2.8232
Idrus, AR (2019). Dynamics of Policy Formulation for Electoral District Arrangement in the 2019 General Election: Case Study of the Selayar Islands Regency KPU. Journal of Policy Analysis and Public Services (JAKPP), 5(2), 125–149.
Istania, R. (2009). Split Ticket Voting: Growing Excitement in Local Politics? Borneo Administrator, 5(1).
Ketamine. (2019). Peer Review of Islamic Politics on Principles, Thoughts and Practices in the History of Muslims. Rajawali Press.
Marsh, D., & Stoker, G. (2017). Theory and Method in Political Science. Nusa Media Publisher.
Miles, M. B. (2020). Qualitative Data Analysis: A Methods Sourcebook. SAGE Publications.
Mirasudin. (2022). Regional Head Election System in Indonesia from an Islamic Political Perspective (Siyasah). ELQONUN: Journal of Constitutional Law, 1(1), 79–96.
Muhammad Ja'far. (2019). The Existence and Integrity of Bawaslu in Handling Election Disputes. Madani Legal Review, 2(1), 59–70.
https://doi.org/10.31850/malrev.v2i1.332 Muhammad, R., Darmawati, & Assaggaf, SMN
(2023). Public Examination and Preparation of Academic Paper for the Draft Electoral District Arrangement (Dapil) and Allocation of Seats for Members of the Maros Regency Regional People's Representative Council for the 2024 General Election. Journal of Independent Service, 2(1).
Pardede, M. (2014). Implications of the Indonesian General Election System. Rechts Vinding Journal: National Legal Development Media,
3(1), 85.
https://doi.org/10.33331/rechtsvinding.v3i 1.58
Qardhawi, Y. (1997). Islamic Economic Norms and Ethics. Gema Human Press.
Loss, I. A. (2021). The Principle of Proportionality in Constitutional Court Decisions (Comparative Study in Indonesia and Germany). Journal of
Constitutions, 18(2), 461.
https://doi.org/10.31078/jk1829
Sapardiyono, & Santoso, AB (2023). Evaluation of the Preparation of Electoral Districts for the 2024 Election in Kulon Progo Regency.
Borobudur Journal on Legal Services, 4(2).
Surbakti, R. (2010). Understanding Political Science.
Grasindo.
Surbakti, R., Supriyanto, D., Asy'Ari, H., & Mallaz, A.
(2011). Equalizing the Value of Votes:
Number of DPR Seat Allocations to Provinces.
Partnership for Governance Reform.
Surbakti, R., Supriyanto, D., Asy'ari, H., & Mellaz, A.
(2011). Equalizing the Value of Votes:
Number and Allocation of DPR Seats to
Provinces. Partnership for Governance Reform.
Wiguna, MOC (2021). The Importance of Wisdom Principles Based on Pancasila in Indonesian Legal and Democratic Life. Legal Policy Scientific Journal, 15(1), 133–148.
Zuhairini. (2014). Islam: State, Democracy, Law and Politics. Analysis, 14(1).
Zuhri, S. (2018). Political Process in the Formation of Election Regulations: Analysis of the Power Struggle in the Formation of Law Number 7 of 2017 concerning Elections. JWP (Journal of Political Discourse), 3(2), 94.https://doi.org/10.24198/jwp.v3i2.1767 0
