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.
  1. National Election (Electing the President/Vice President and Central Legislative) which will be held on 2029.
  2. Regional Election (Electing Regional Heads/Pilkada and Regional Legislative) which will be held on 2031.
This decision has sparked widespread debate about its impact on dispute resolution, the quality of democracy, and, most crucially, the accountability of regional officials.

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

This Constitutional Court decision did not arise from a vacuum. It is a direct response to the various challenges in organizing the 2019 Simultaneous Elections.
  • The simultaneous elections (5 ballot boxes) proved to create a very heavy workload for the organizers, especially KPPS officers. The tragedy of hundreds of officers dying from exhaustion is a dark record. In addition, this technical complexity is considered to: 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 Election Dispute Resolution at the Constitutional Court
  • Divided Dispute Focus: The Constitutional Court will focus more on handling disputes. In 2029, the Constitutional Court will only focus on disputes over the results of the National Elections (President and Central Legislative). 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 resolutions. 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 draw up new legal and technical procedures to handle these two separate election cycles so as not to cause legal confusion.

Crucial Impact: Extension of Term of Office and Accountability of Regional Officials

This is the most controversial impact of the Constitutional Court's decision. Because the 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 be extended until 2031. Extending the term of office without re-election raises serious problems for political accountability:
  • Performance Evaluation Lost: Elections are the main 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 for Decreased 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 has the potential to reduce the legitimacy of officials in the eyes of the public, because they hold office not purely from the normal electoral cycle.
en: Constitutional Court building, related to the implications of decision 135/PUU-XXII/2024 on elections.

Other Impacts on the Election System and 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 focus more. During the 2029 National Elections, they focus on national issues. During the 2031 Regional Elections, they can delve deeper into the track record of candidates for regent/governor and local DPRD.
  • Negative (Potential Decrease in Participation): There is a significant risk that the Regional Elections in 2031 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 Supervision: From a transparency perspective, Bawaslu and election supervisors can focus more on supervising each stage. The burden of supervision, which is no longer simultaneous, is expected to detect and handle fraud better.

Steps to Improve the Post-Decision Dispute Resolution System

To ensure this new system operates fairly, several steps to improve the dispute resolution system are absolutely necessary:
  1. Procedural Improvements: The Constitutional Court (MK) must immediately draft and disseminate rules of procedure (MK Regulations) that are specific to handling disputes in National Elections and Regional Elections separately, including deadlines and legal mechanisms.
  2. Strengthening Institutions (MK, KPU, Bawaslu): Institutional capacity must be improved. The MK must be ready in terms of human resources and technology. The KPU and Bawaslu must also be strengthened to minimize disputes upstream (organization).
  3. Increased Transparency: The entire dispute resolution decision-making process at the MK must be transparent and accountable. Utilizing 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 significant 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 MK, KPU, and Bawaslu are truly implemented so that the separation of elections achieves its goal of improving the quality of democracy, not just moving the problem.