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Steps That Can Be Taken After the Constitutional Court's Decision to Separate Election Schedules
Constitutional Court or MK on Thursday, June 26, 2025, granted a judicial review of Law Number 7 of 2017 concerning Election or the Election Law and Law Number 10 of 2016 regarding Regional Head Elections. The judicial review was filed by the Association for Election and Democracy (Perludem).
In Decision Number 135/PUU-XXII/2024, the Court decided that national-level election administration must be conducted separately from regional or local city-level election administration (local elections). The Court ruled that local elections must be held no earlier than 2 years or no later than 2.5 years after the national election.
National elections are elections for members of the House of Representatives (DPR), the Regional Representative Council (DPD), and the president and vice president, while local elections consist of elections for provincial/regency/city legislative council (DPRD) members as well as elections for regional heads and deputy regional heads. With this ruling, the simultaneous elections that have so far been known as the "Five Ballot Boxes Election" will no longer apply to the 2029 Elections.
Some circles consider the Constitutional Court's decision to have consequences, including changes to laws governing elections and regional head elections. Here are proposed steps that the MPR, DPR, and government can take to follow up on the Constitutional Court's ruling regarding separating elections.
Limited Amendment to the 1945 Constitution of the Republic of Indonesia
Member of the DPR's Commission III, Bambang Soesatyo, stated that the Constitutional Court's (MK) decision regarding the separation of national and regional elections has ushered in a new phase for Indonesia's electoral democracy. He explained that under the MK's ruling, the national election will still be held simultaneously in 2029, while regional elections will take place in 2031.
"The DPR, the government, and political parties have no room to reject the Constitutional Court's decision, as it is final and binding," said the man commonly known as Bamsoet in a press release received in Jakarta on Saturday, July 5, 2025, as quoted from Among .
Bamsoet said there are two steps that state institutions, namely the MPR, DPR, and the government, can take to follow up on the decision.
First, the MPR can carry out a limited amendment to the 1945 Constitution of the Republic of Indonesia in order to establish a constitutional legal basis for separating national elections from regional elections.
"This amendment does not have to change much, but merely adjust the norms of articles related to people's sovereignty, the electoral system, and term of office," he said.
Election Law and Regional Election Law Revision
Bamsoet also mentioned that the second step is to revise the Election Law and the Regional Head Election Law. These revisions aim to reschedule the voting date, the term of office for regional legislative council members, and the transition period between the end of the regional legislative council's term and the tenure of regional heads elected in the 2024 elections, aligning them with the subsequent regional head elections in 2031. "Thus, the separation of the election regime and the regional head election regime will be properly implemented," he said.
With these two steps, Bamsoet is confident that the implementation of elections in Indonesia will be in line with the constitution and applicable laws.
Previously, Coordinating Minister for Political Affairs, Law, Human Rights, Immigration, and Community Empowerment Yusril Ihza Mahendra stated that the government and the House of Representatives (DPR) inevitably had to revise the Election Law. This is to address the Constitutional Court's (MK) ruling regarding the separation of national and regional elections.
The reason, said Yusril, is that the Constitutional Court's decision is final and binding. "The government and parliament must redraft the Election Law, including several new issues that have emerged, for example regarding regional legislative council members," said Yusril when met at the office of the National Commission on Human Rights (Komnas HAM), Jakarta, Wednesday, 2 July 2025.
According to Yusril, with the Constitutional Court's decision, regional heads and deputy heads elected in 2024 may be replaced by interim officials after the 2029 elections. However, on the other hand, Yusril views that this model potentially causes problems regarding the term of office of DPRD members elected in 2024.
How about the members of the Regional People's Representative Council (DPRD)? Can their term be extended? Isn't this a problem? against "(Opposing) their own constitution because indeed DPRD members must be elected by the people?" he said.
Therefore, Yusril stated that the government and DPR need to thoroughly discuss the Constitutional Court's decision to ensure that any follow-up actions do not violate the constitution.
From the government side, Yusril mentioned that the Ministry of Home Affairs is the main party handling this issue. Nevertheless, he assured that his ministry would also be involved in coordinating legal aspects.
In a separate occasion, Deputy Minister of Home Affairs (Wamendagri) Bima Arya Sugiarto stated that Indonesia needs a sustainable election system. "We believe that we need an institutionalized and sustainable election system; just imagine if it changes every election, then we will never have a stable system," said Bima in Badung Regency, Bali, on Saturday.
Bima menuturkan pemerintah dan DPR sudah melakukan proses revisi UU Pemilu. “Jadi ada atau tidak putusan MK, proses ini berjalan. Itu yang pertama. Kedua, putusan MK ini sedang kami pelajari karena bagaimanapun juga revisi itu harus tetap selaras dan senapas dengan Undang-Undang Dasar, tidak boleh bertentangan,” ujarnya.
Although leading to the desire for the electoral system not to be changed, the Deputy Home Affairs Minister did not immediately conclude whether he agreed or disagreed with the Constitutional Court (MK). He focused more on the government's ongoing revision of the law while considering elements from the MK's decision that could potentially be incorporated.
"There is no conclusion yet; this is just the beginning of the research, the initial review. We will examine it first. We hope this Constitutional Court decision can be in line with and harmonious with the 1945 Constitution," said Bima.
He opined that the separation of elections arises from differing views regarding the election regime. According to him, the Constitutional Court (MK) considers regional head elections (pilkada) and general elections (pemilu) as part of the same regime, while many others hold the opposite view, resulting in differing interpretations.
MK considers that the regional elections and general election are part of one regime, interpreting original intent "from the process of changing the 1945 Constitution, while many argue that the 1945 Constitution separates the regional election regime and the general election regime, therefore the derivative laws will also be different," he said.
Dede Leni Mardianti dan Among contributed to the writing of this article.Demikianlah Artikel Steps That Can Be Taken After the Constitutional Court's Decision to Separate Election Schedules
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