Why Do Some Parties Reject the Constitutional Court's Decision to Separate National and Local Elections?

1. Why should the DPR focus on discussing the implementation of the decision to separate national and local elections?

The House of Representatives is urged to focus on discussing the implementation of the Constitutional Court's decision that separates the administration of national and local elections. Moreover, this decision is actually beneficial for political parties. The response from the House should not undermine the legitimacy of the Constitutional Court.

"It is necessary to reflect on and envision the benefits of this two-stage election for political parties. I believe that there are more advantages," said Yance Arizona, a lecturer in Constitutional Law at Gadjah Mada University, when contacted on Thursday (3/7/2025).

Political parties benefit from the separation of the two elections as it provides them with a time gap to prepare the best candidates to be proposed in the national and local elections.

Unlike previous elections, political parties are struggling to find candidates to be proposed for the election of members of the DPR as well as the regional and provincial DPRD due to the simultaneous nature of the elections. Shortly after the legislative elections concluded, political parties were once again preoccupied with searching for candidates to be proposed for the regional head elections (pilkada).

2. What is Nasdem's reason for rejecting the Constitutional Court's decision to separate national and local elections?

The Nasdem Party rejects the Constitutional Court Decision Number 135/PUU-XXII/2024, which separates the schemes for national and regional elections. The Nasdem Party considers this decision problematic, violating the 1945 Constitution of the Republic of Indonesia, and has the potential to create a constitutional crisis.

The rejection was conveyed by Nasdem Party High Council Member Lestari Moerdijat. In the Nasdem Party DPP's statement received by Kompas, Tuesday (1/7/2025), it was stated that the separation of the Presidential, DPR, DPD, Regional Head and DPRD Elections carried out by the Constitutional Court through decision Number 135/PUU-XXII/2024 had violated the 1945 Constitution. Therefore, Nasdem views that the Constitutional Court's decision has no binding force and is an unconstitutional decision.

"It is important to understand that the election of members of the Regional People's Representative Council (DPRD) and regional heads is part of the electoral regime. The affirmation of the DPRD as an electoral regime is explained in Article 22E of the 1945 Constitution, while the regional elections as an electoral regime are emphasized in Constitutional Court Decision 95/2022, thus constitutionally, elections must be held every five years, regardless of the different election times," said Lestari, who also serves as the Deputy Chairperson of the MPR.

3. Why did PKS criticize the Constitutional Court's decision to separate national and local elections?

Criticism of the Constitutional Court's decision that allows the separation of national and local election schedules continues to grow. Now it is the turn of the Prosperous Justice Party (PKS) to voice strong criticism against the decision. This is because the decision has the potential to violate the constitution and exceed the authority of the Constitutional Court.

The Constitutional Court Decision Number 135/PUU-XXII/2024 states that the national elections to elect the president and vice president, as well as the members of the House of Representatives and the Regional Representative Council, will be held first. Local elections to elect members of the Regional People's Representative Council and regional heads will be conducted approximately 2 to 2.5 years later.

The Chairman of the Legislative Body of the Central Leadership Council (DPP) PKS, Zainudin Paru, stated that the decision has substantively violated the mandate of Article 22E of the 1945 Constitution, which emphasizes that elections are held every five years. The Constitutional Court's decision, which has the potential to extend the term of members of the Regional People's Representative Council without an election, is considered unconstitutional.

"The extension of the term of office for members of the Regional House of Representatives without an election is an unconstitutional act. This violates Article 22E Paragraphs (1) and (2) of the 1945 Constitution, both in terms of time and the subject of the regulated institution," said Zainudin in a written statement on Wednesday (2/7/2025).

4. What is the DPR's possible stance regarding the separation of elections?

The Gerindra Party has revealed the possibility that the DPR will not implement the Constitutional Court Decision Number 135/PUU-XXII/2024, which separates the implementation of national elections and regional or local elections. It is deemed necessary to conduct an in-depth study, considering all aspects comprehensively, so as not to be counterproductive to efforts in strengthening democratic consolidation and not to contradict the constitution.

The Chairman of the DPP Gerindra Party, Heri Gunawan, stated on Wednesday (2/7/2025) that the Constitutional Court's decision has both positive and controversial aspects if it is to be implemented immediately without comprehensive study. Heri acknowledged that the Constitutional Court's decision is considered to potentially impact the strengthening of democratic consolidation at the local level, increase voter participation, and enhance the performance of electoral organizing institutions.

"Everything needs to be studied carefully. The positive and negative aspects should be weighed. On one hand, the Constitutional Court's decision has indeed considered the dynamics of the simultaneous 2024 elections, which still reveal several weaknesses. However, on the other hand, there are also controversial matters that have the potential to violate the 1945 Constitution and exceed the authority of the Constitutional Court," said Heri.

5. How does the government respond to the Constitutional Court's decision regarding the separation of elections?

The government is still reviewing the decision of the Constitutional Court that separates the schedule for national elections and regional elections before determining the next steps. Several aspects will still be discussed, ranging from the compatibility of the decision with the constitution to the potential impacts on the political and legal systems in Indonesia.

Minister of Home Affairs Tito Karnavian, when met after a working meeting with Commission II of the DPR at the Parliament Complex in Jakarta on Wednesday (2/7/2025), stated that the government has not yet communicated an official position regarding the Constitutional Court's decision to separate national and local elections, as discussions among ministries are still ongoing.

"We are still reviewing. We will hold a meeting between the government and the Ministry of State Secretariat, the Ministry of Law, possibly with the Coordinating Minister for Law, Human Rights, Immigration, and Corrections, as well as the Coordinating Minister for Political and Security Affairs. (Because) this concerns political issues and electoral regulations," said Tito.

According to Tito, the analysis will be conducted comprehensively. "We will certainly discuss the decision (of the Constitutional Court) itself. Whether it is in accordance with existing regulations, including the constitution, and analyze its positive and negative impacts. And, what we might do moving forward," he stated.

6. What are the consequences if the DPR ignores the Constitutional Court's decision to separate elections?

The Constitutional Court's decision to separate national and local elections must be obeyed and implemented. Otherwise, it could trigger a constitutional crisis.

Regarding the effects of the separation of elections, namely the conduct of local elections, subsequently extending beyond the five-year schedule and the extension of the term of office for members of the Regional People's Representative Council to seven years, according to constitutional law experts, this is a temporary measure as a transitional period.

Constitutional law expert Bivitri Susanti stated that the view that the upcoming local elections, which will extend beyond the five-year schedule, and the extension of the term of members of the Regional People's Representative Council to seven years is unconstitutional, is incorrect.

"The Constitutional Court has the authority to establish temporary norms for the smooth transition. Therefore, the seven years is the necessary transition period. The next election will then revert to five years," he stated in Jakarta, Wednesday (2/7/2025).