PKS Criticizes MK Decision to Separate National and Local Elections

JAKARTA, KOMPAS — Criticism of the Constitutional Court's decision to allow the separation of national and local election schedules continues to grow. Now it is the turn of the Prosperous Justice Party to voice strong criticism of the decision, as it 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 two to two and a half 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 House of Representatives 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).

Zainudin also highlighted the step taken by the Constitutional Court, which has assumed the role of a lawmaker, a power that should reside with the legislative body or the House of Representatives. Therefore, through this ruling, the Constitutional Court has overstepped its authority.

Criticism from PKS does not stop there. Zainudin pointed out the inconsistency in the stance of MKM regarding the position of regional head elections (pilkada). According to the PKS politician, the MK does not have a firm position on whether pilkada falls under the electoral regime or local government.

The extension of the term of office for members of the Regional House of Representatives without an election is a form of unconstitutional action. This violates Article 22E paragraphs (1) and (2) of the 1945 Constitution, both in terms of time and the subject of the regulated institution.

"This decision should fall within the realm of election management, not constitutionality. This inconsistency further weakens the legal position of the Constitutional Court, especially in its previous decision No. 85/PUU-XX/2022, where regional elections were equated with general elections," said Zainudin.

Therefore, PKS encourages the design of simultaneous elections to be returned to the legislators (DPR) through an open legal policy, in accordance with the spirit of the Constitutional Court Decision No. 55/PUU-XVII/2019. PKS calls on all elements of the nation, including the Constitutional Court, to uphold constitutional principles in maintaining the dignity of democracy in Indonesia.

Almost all political parties in the parliament criticized and even strongly opposed the Constitutional Court's decision that called for the separation of national and local elections. Nevertheless, the political parties, especially those in the parliament, do not want to act hastily in making decisions and will listen to further input from the government and civil society before taking a stance.

The Deputy Chairman of Nasdem, Saan Mustopa, believes that the decision contradicts Article 22E of the 1945 Constitution, which states that elections encompass the election of the President and Vice President, the House of Representatives, the Regional Representative Council, and the Regional People's Representative Council as a single entity.

"If the Constitutional Court wants to separate, then it must first amend the Constitution. If it does not base its decision on the constitution, then that ruling is unconstitutional. Nasdem is committed to upholding the Constitution," said Saan.

Saan stated that the Constitutional Court's decision actually undermines the state administration and contradicts previous Constitutional Court rulings, including Decision Number 55/PUU-XVII/2019, which served as the basis for the simultaneous election of five boxes in 2019.

Although firmly rejecting, Nasdem has not yet pushed for specific legislative measures. The DPR, according to Saan, is still in the stage of listening to input from the government and civil society. "We have not yet responded, we are just listening. There has been no decision. After all inputs are complete, it will be discussed in a meeting," he stated.