Election Separation Polemic, DPR Leader: Almost All Parties Complain About MK

JAKARTA, KOMPAS - Almost all political parties in the parliament have criticized and even strongly opposed the Constitutional Court's decision that calls for the separation of national and local elections, as it is considered that the 1945 Constitution has mandated elections to be held every five years. Political parties, especially those in the parliament, do not want to hastily make decisions and will listen to further input from the government and civil society before taking a stance.

The Constitutional Court's (MK) decision Number 135/PUU-XXII/2024, read on Thursday (26/6/2025), states that the national elections to select the president and vice president, as well as the DPR and DPD, will be held first. Local elections to choose members of the regional legislative council and regional heads will be conducted approximately two to two and a half years later.

Following the decision, the leadership of the DPR and several leaders of the council's supporting apparatus (AKD) immediately held a meeting with government officials and election organizers at the Parliament Complex in Jakarta, Monday (30/6/2025). The meeting was chaired by Deputy Chairman of the DPR from the Gerindra Party faction, Sufmi Dasco Ahmad, and attended by State Secretary Prasetyo Hadi, Minister of Home Affairs Tito Karnavian, and Minister of Law Supratman Andi Agtas.

However, the meeting has not yet produced a decision. The DPR considers the decision of the Constitutional Court to have far-reaching implications for the state system and has the potential to exceed the constitutional authority of the Constitutional Court. Therefore, the DPR has agreed to first conduct an academic study.

The Deputy Speaker of the DPR, Adies Kadir, even revealed that almost all meeting participants complained about the direction and attitude of the Constitutional Court, which is considered inconsistent in making decisions. "Almost all (meeting participants complained about the current situation of the Constitutional Court)," he stated when met at the Parliament Complex in Jakarta, Tuesday (1/7/2025).

Adies highlighted the uncertainty of the Constitutional Court's decisions, which he deemed inconsistent. He questioned the implementation of the final and binding principle if every change in the composition of judges could lead to new interpretations of the constitution.

“There have been four Constitutional Court decisions on elections that have continued to change since the early 2000s. If the Constitutional Court Chief Justice or judges change, will the decision change again? Or if the regime or government changes, will there be another decision? Where is the final and binding? This is a debate,” he said.

Nevertheless, Adies admitted that there have been no discussions so far regarding the revision of the Constitutional Court Law. However, he does not rule out the possibility of this happening in the future. "Not yet, we will see later," he stated.

The Golkar Party, according to Adies, is choosing to be cautious in responding to this Constitutional Court decision. The Golkar faction is still assessing the legal, political, and administrative impacts of the implementation of elections that are no longer simultaneous.

The Deputy Chairman of the Golkar Party emphasized that the 1945 Constitution, through Article 22E and Article 18 Paragraph (4), mandates that elections for the DPR, DPD, and DPRD be held within a single national election regime every five years. Meanwhile, regional elections have been regarded as a separate regime that is conducted in a staggered manner.

Adies reminded that the simultaneous elections that have been implemented refer to Constitutional Court Decision Number 55/PUU-XVII/2019, which provides six options for election design, one of which is simultaneous. The government has chosen that scheme and has implemented it in the last two elections.

On the other hand, according to Adies, there is a serious issue if regional elections are held two and a half years after the national elections, particularly concerning the synergy of central and regional programs. "The president's new programs have not been implemented evenly in the first year. How will it be if the regional heads are only elected two and a half years later?" he said.

In agreement, the Chairperson of the DPR, Puan Maharani, stated that the decision of the Constitutional Court is still a topic of debate among all parties. She emphasized that it is not only the Indonesian Democratic Party of Struggle (PDI-P) that is highlighting this issue, but all factions need to pay attention to the constitutional impacts of the Constitutional Court's decision.

"Yes, this is not only the stance of the PDI Perjuangan faction or PDI Perjuangan itself, but certainly all parties, because the Constitution actually states that elections are held every five years," he said.

According to him, all parties will reconvene after listening to input from the government and representatives of the community. The official stance of the parties will be conveyed through their respective factions in the DPR.

"The impact or effect of the Constitutional Court's decision needs to be observed by all political parties. The DPR, which represents political parties through its factions, will certainly voice its party's stance in the official DPR forum," said Puan.

He explained that the Constitutional Court's decision to provide a gap of two to two and a half years between the national elections and local elections will certainly impact several laws. However, discussions on new regulations have not yet begun as the House of Representatives will further examine the direction of government policy.

"Of course, there will be effects on the Election Law. However, we have not yet discussed the Election Law. The government will also continue to consider the decision of the Constitutional Court," said Puan.

The Prosperous Justice Party (PKS) has not yet taken an official stance regarding the Constitutional Court's decision to separate the elections. The Secretary General of PKS, Muhammad Kholid, stated that his party is still assessing the impact and substance of the decision.

"We are reviewing it. Later when there is a special stance, it will be conveyed by the faction. We don't want to rush," said Kholid.

Nevertheless, the PKS acknowledges that legally, the decision of the Constitutional Court is final and binding. "However, regarding the substance, we will still examine it more thoroughly," he said.

Meanwhile, the Nasdem Party has firmly rejected the Constitutional Court Decision Number 135/PUU-XXII/2024, which separates the implementation of national elections and local elections. The Deputy Chairman of Nasdem, Saan Mustopa, considers the decision to be in conflict with Article 22E of the 1945 Constitution, which states that elections encompass the Presidential-Vice Presidential elections, 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, 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.

"We want consistency. The Constitutional Court has previously decided on simultaneity. Even when it was sued again, the Constitutional Court did not grant it, but gave options, one of which was the five-box scheme like 2019. Now why has it changed?" he said.

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.

The National Mandate Party (PAN) stated that it is still thoroughly examining the legal implications of the Constitutional Court's decision regarding the separation of elections. The Deputy Chairman of PAN, Eddy Soeparno, highlighted the serious impact on the terms of regional heads and regional legislative councils, which could be extended by up to two years if local elections are held in 2031.

"Members of the provincial, district, and city legislative councils, as well as governors and regents, are appointed for a five-year term. If it is extended by two years, what is the legal basis for that? It must be established through a revision of the Election Law and the Regional Election Law," he stated.

In principle, Eddy assessed that the Constitutional Court had acted beyond its authority as a negative legislator. Instead of simply stating whether an article is constitutional or not, the Constitutional Court has instead created a new legal norm.

"What the Constitutional Court can do is only declare whether a provision is valid or not. However, in this ruling, the Constitutional Court has established new detailed provisions, including a time gap of two to two and a half years between elections. That is not within the jurisdiction of the Constitutional Court," said Eddy.

According to him, the technical implementation of the Constitutional Court's decision should be in the hands of the legislature and the government. Therefore, PAN is considering the need for further discussions, including the possibility of consulting again with the Constitutional Court.