Implications of Constitutional Court Decision 135/PUU-XXII/2024: Separate Elections, Disputes, and Extension of Term

Constitutional Court The Constitutional Court (MK) has once again changed the landscape of Indonesian elections through Decision Number 135/PUU-XXII/2024. This decision fundamentally dismantles the "Simultaneous Election" model used in 2019 and 2024. The core of this decision is to re-separate the general elections into:

1. National Election (Electing the President/Vice President and Central Legislative) which will be held on 2029.
2. Regional Elections (Electing Regional Heads/Pilkada and Regional Legislatures) which will be held in 2031.

This decision has sparked widespread debate regarding its impact on dispute resolution, the quality of democracy, and, most crucially, the accountability of regional officials.

Background of the Decision: Heavy Burden of the 2019 Simultaneous Elections

This Constitutional Court decision did not arise in a vacuum. It is a direct response to various challenges in the implementation of the 2019 Simultaneous Elections. The simultaneous elections (5 ballot boxes) proved to create a very heavy workload for organizers, especially KPPS officers. The tragedy of hundreds of officers dying from exhaustion is a dark record. In addition, this technical complexity is considered:

• Reducing Efficiency: The vote counting process becomes very complex and prone to errors.
• Blurring Voter Focus: Voters are burdened with too many choices at one time, thus reducing understanding of candidates and policies.

The main objective of Decision 135/PUU-XXII/2024 is to reduce the burden on organizers, make it easier for voters, and make elections more focused, which is expected to improve the quality of democracy.

Implications for the Settlement of Election Disputes in the Constitutional Court

This separation of elections directly changes the way the Constitutional Court handles election result disputes (PHPU). Previously, with simultaneous elections, the Constitutional Court was flooded with Presidential and Legislative election disputes at one time, creating a very heavy workload. With this new system:

• Divided Dispute Focus: The Constitutional Court will be more focused on handling disputes. In 2029, the Constitutional Court will only focus on disputes over the results of the National Elections (President and Central Legislature). Only in 2031 will the Constitutional Court handle Regional Election disputes.
• Potential Time Efficiency: It is hoped that this separation can improve the efficiency and quality of dispute decisions. The Constitutional Court has more time to examine each dispute in depth without being rushed by the overlap of various types of elections.
• New Procedural Challenges: The Constitutional Court and the KPU must develop new legal and technical procedures to handle these two separate election cycles so as not to cause legal confusion.

Crucial Impact: Extension of Term and Accountability of Regional Officials

This is the most controversial impact of the Constitutional Court's decision. Because Regional Elections will only be held in 2031, the term of office of regional heads and regional legislative members elected in the 2024 Elections will automatically extended until 2031. This extension of term without re-election raises serious concerns for political accountability:

• Performance Evaluation Lost: Elections are the primary means for the people to evaluate the performance of officials. With this extension, voters lose their right to evaluate them in the 2027/2029 period.
• Potential Decline in Accountability: Regional officials whose terms are extended may feel less obligated to be accountable to the people for their performance, as they will not face elections in the near future.
• Decreased Legitimacy: The political legitimacy of an official comes from elections. Extending the term of office could reduce the legitimacy of officials in the eyes of the public, as they hold office not purely from the normal electoral cycle.

Other Impacts on the Election System and the Quality of Democracy

In addition to the issue of accountability, this separation of elections also has other impacts on the quality of democracy:

• Positive (Voter Focus): Voters can be more focused. During the 2029 National Election, they will focus on national issues. During the 2031 Regional Election, they can delve deeper into the track record of candidates for regent/governor and local DPRD.
• Negative (Potential Decline in Participation): There is a significant risk that the 2031 Regional Elections will be considered less important (second-order election). Voters may be more enthusiastic about the National Elections and tend to ignore the Regional Elections, which could lower participation rates and the quality of local democracy.
• More Focused Oversight: From a transparency perspective, Bawaslu and election supervisors can focus more on monitoring each stage. The burden of supervision, which is no longer simultaneous, is expected to detect and handle fraud better.

Steps to Improve the Dispute Resolution System Post-Decision

To ensure this new system works fairly, several steps to improve the dispute resolution system are absolutely necessary:

1. Procedural Improvements: The Constitutional Court must immediately draft and disseminate rules of procedure (Constitutional Court Regulations) that are specific to handling National and Regional Election disputes separately, including deadlines and legal mechanisms.
2. Institutional Strengthening (Constitutional Court, KPU, Bawaslu): Institutional capacity must be improved. The Constitutional Court must be prepared in terms of human resources and technology. The KPU and Bawaslu must also be strengthened to minimize disputes upstream (in the organization).
3. Increased Transparency: The entire dispute resolution decision-making process in the Constitutional Court must be transparent and accountable. The use of information technology for public access to the proceedings and decisions is crucial to maintaining public trust.

Conclusion

The Constitutional Court Decision 135/PUU-XXII/2024, which separates National and Regional Elections, is a response to the technical problems of the 2019 Simultaneous Elections. This decision has the potential to increase the efficiency of the organization and voter focus. However, this decision brings major challenges, especially the extension of the term of regional officials until 2031, which directly reduces political accountability. In addition, there is a risk of decreased voter participation in Regional Elections. Going forward, Indonesia must ensure that procedural improvements in the Constitutional Court, KPU, and Bawaslu are truly carried out so that the separation of these elections achieves its goal of improving the quality of democracy, not just moving the problem.