Government Still Examining Political and Legal Impact of Constitutional Court Decision on Election Separation

JAKARTA, KOMPAS — 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 its 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 among the government first, with the Ministry of State Secretariat, the Ministry of Law, perhaps with the Coordinating Minister for Law, Human Rights, Immigration, and Corrections, and 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.

After the internal discussions are completed, the government will coordinate with the DPR as the legislative body. However, at this time, Tito emphasized that he will not express a personal or institutional stance regarding the Constitutional Court's decision.

"I have not conveyed my position. I want to give us time to study it. There is still time for that," he said.

When asked whether there is a possibility that the government will refuse to implement the Constitutional Court's decision, Tito declined to speculate. "Do not assume anything yet, as it can sometimes lead to traps," he said.

The polemic surrounding the Constitutional Court's decision to separate national elections from local elections continues to unfold. Recently, several political parties have openly rejected this decision.

After the Nasdem Party, it is now the turn of the Prosperous Justice Party (PKS) to voice strong criticism. The Chairman of the Legislative Body of the DPP PKS, Zainudin Paru, believes that the decision violates the mandate of Article 22E of the 1945 Constitution, which stipulates that elections are to be held every five years.

"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, Wednesday (2/7/2025).

Zainudin also criticized the Constitutional Court for being perceived as taking over the role of the House of Representatives as the lawmaker. "Through this ruling, the Constitutional Court has overstepped its authority too far," he stated.

The PKS also highlighted the inconsistency of the Constitutional Court regarding the status of regional head elections (pilkada). According to Zainudin, the Constitutional Court has not established a firm stance on whether pilkada falls under the electoral regime or local government. "This decision should fall within the realm of election management, not constitutionality," he stated.

Referring to Constitutional Court Decision No. 85/PUU-XX/2022, which equates regional elections with general elections, Zainudin stated that this inconsistency actually weakens the legal position of the Constitutional Court.

Therefore, PKS encourages that the design of simultaneous elections be returned to the lawmakers through open legal policies in accordance with the spirit of 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," emphasized Zainudin.

Nevertheless, several parties are urging the government and the DPR to comply with and implement the Constitutional Court's decision. The National Commission on Human Rights (Komnas HAM) is one of them. The Chairperson of Komnas HAM, Anis Hidayah, stated that the recommendations from Komnas HAM in the annual report and policy paper launched at the beginning of 2025 are in line with the Constitutional Court Decision Number 135/PUU-XXII/2024.

"The separation of national and regional elections is one of the recommendations that we have conveyed to the government and the DPR. This recommendation is in line with our encouragement for it to be formulated into policy, particularly in the amendment of the Election Law," said Anis.

Based on the election policy paper prepared by the National Human Rights Commission as an evaluation of the implementation of the 2024 simultaneous elections and regional elections, the governance of elections needs to be changed to realize a more human rights-friendly election. A human rights-friendly election includes minimizing the deaths of election officials due to excessive workloads and ensuring that officials have a safe working environment. The excessive workload is due to the simultaneous conduct of the presidential and legislative elections.

"In our monitoring throughout 2024, both during the election process and regional elections, we still found practices where the deaths of officials remain quite high. Additionally, the number of those who fell ill while serving as election officials is also significantly high," he stated.

Constitutional law expert Bivitri Susanti also reminded that the objections from several political parties and the DPR, especially if they later decide not to implement the decision of the Constitutional Court, have the potential to create a constitutional crisis.

He reminded that the Constitutional Court's decision is final and binding, thus it must be adhered to. "If there are members of the DPR who are hesitant or disagree, they may submit objections to the Constitutional Court. Such disagreement should not be used as a reason to delay the implementation or unilaterally revise the Election Law," said Bivitri.