Court Ruling Sparks Debate Over Election Separation in Indonesia

Lawmakers Clash Over Constitutional Court Decision on National and Local Elections

A recent ruling by Indonesia’s Constitutional Court, mandating separate national and regional elections, has ignited a political firestorm. The decision has drawn sharp criticism from some lawmakers, raising significant questions about the timing and structure of future elections.

Legislator’s Disagreement

Ahmad Irawan, a member of the House of Representatives from the Golkar Party, has strongly condemned the Constitutional Court’s judgment. He stated that the court’s decision was incorrect, citing the 1945 Constitution’s explicit provisions for elections to be held every five years, including the election of DPRD members.

“We can no longer make small talk that the decision of the final and binding MK that we must respect and carry out,”

—Ahmad Irawan

Irawan believes the revision of the Election Law isn’t enough. He argues that the legislature must make comprehensive and constitutional corrections by amending the 1945 Constitution. He further suggested that the court has overstepped its bounds.

Irawan emphasized that election regulations should be the legislature’s domain. He asserted that separating the election process must align with the 1945 Constitution.

Alternative Perspectives

Deddy Sitorus, a member of the House of Representatives Commission II from the PDIP Faction, has expressed a different view. While acknowledging the binding nature of the court’s decision, Sitorus isn’t overly concerned about its implications.

“I am not too concerned if the consequence is the extension of the term of office of DPRD members. They are not possible to do abuse of power. Only the legal basis issue must be considered because the term of office of the DPRD is regulated in the Constitution and must go through elections. So that it is likely to have to accelerate the discussion of the Political Law package,”

—Deddy Sitorus

Sitorus also believes the term of office for regional heads should be extended instead of appointing Acting (PJ) officials. He claims these appointments could disrupt the government’s cycle, making elections chaotic. This debate comes as Indonesia faces its next round of elections, with the potential for significant adjustments in how they are conducted. As of 2023, voter turnout in Indonesia was around 78% indicating high civic engagement (KPU 2023).

The Court’s Decision Explained

The Constitutional Court’s decision mandates separating national and local elections, with a maximum gap of two years and six months between them. This ruling has significant ramifications for the timing and organization of elections at various levels.

The court declared Article 3 paragraph (1) of Law Number 8 of 2015 unconstitutional. The court ruled the election must be held simultaneously across Indonesia to elect various representatives.

This decision mandates that the election of members of the Provincial Regional Representative Council, Regency/City Regional Representative Council members, and Governors/Deputy Governors, Regents/Deputy Regents, and Mayors/Deputy Mayors must be carried out with a minimum time of 2 years or a maximum of 2 years 6 months from the inauguration of the House of Representatives and members of the Regional Representative Council or since the inauguration of the President/Vice President.

The debate surrounding this ruling highlights the complex interplay between legal interpretations, legislative authority, and the practicalities of conducting elections. As the legal and political implications continue to unfold, it will be essential to consider the views of various stakeholders to ensure a fair and efficient electoral process.