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JAKARTA, MKRI Public Relations – The Constitutional Court (MK), in collaboration with Antasari State Islamic University (UIN) Banjarmasin, held a public discussion titled "Separating National and Local Elections: Restructuring Indonesia’s Electoral Democracy" on Thursday (17/7/2025), conducted virtually. This edition of the Constitutional Webinar featured two election law experts: Chairman of the General Elections Commission (KPU) Mochammad Afifuddin and election law scholar from Andalas University, Khairul Fahmi.

Afifuddin shared insights on the anticipated workload for election organizers when conducting simultaneous versus separate national and local elections, as guided by the Constitutional Court’s Decision Number 135/PUU-XXIII/2025. Referring to this decision, he emphasized the importance of a time gap between national elections and regional elections, noting that overlapping schedules place a significant burden on election organizers. As an example, he mentioned that organizers required a 20-month preparation period for the 2024 simultaneous regional elections.

"Even in the previous cycle, preparations for the 2024 Regional Head Elections began in January, although the elections will only take place in November 2024. With this (new) separation—roughly a 2.5-year gap—the workload is more manageable. We should see the Constitutional Court’s ruling as an effort to improve our electoral process and democracy, both for the organizers and participants. In fact, even after the 2024 elections, the organizers still face three more years of work," Afif explained.

Legal Transition

Meanwhile, Khairul Fahmi, an expert on electoral law from Andalas University, offered his perspective on the legal policy developments in Indonesia’s electoral system. Between 2004 and 2009, elections were conducted separately: legislative, presidential, and local elections each held on different timelines. By contrast, between 2019 and 2024, legislative and presidential elections were held simultaneously, with local elections also held on the same day.

Referring to the Constitutional Court’s Decision No. 135/PUU-XXIII/2025, Khairul explained that the Court employed an “ethical” interpretation method—taking into account factors like ease for voters in choosing candidates, complexity for political parties in nominating candidates, and the heavy workload for election administrators. As such, the constitutionally appropriate model now separates national and local elections.

This reinterpretation shifts the meaning of Article 22E paragraph (2) of the Constitution, which no longer mandates simultaneous elections but rather classifies types of elections. As for Articles 18(1) and 22E(2), regional head elections are considered part of the broader electoral framework under regional autonomy within the Republic of Indonesia. Article 22E(2) can now be interpreted such that the principle of periodicity in Article 22E(1) undergoes a transition—especially affecting provincial and regency/municipal legislative elections, which will not be held in the 2029 elections.

“This situation falls under the theory of legal transition in policymaking. Thus, the Court’s ruling cannot be deemed in conflict with Article 22E(1) of the Constitution. The 2029 election will still proceed to elect the President, DPR, and DPD, so Article 22E(1) remains unviolated,” Khairul elaborated.

In conclusion, Khairul emphasized that the Constitutional Court’s ruling constitutes an official interpretation of the 1945 Constitution. Therefore, such interpretation cannot be rejected simply on the grounds of being contrary to the Constitution. Constitutionally speaking, the meaning of the articles may evolve in line with legal and societal needs.

Discussion Session

During the discussion session, participants raised various questions. One came from Farasat Ahmad of Andalas University Faculty of Law, who inquired about the Court’s reasoning behind the 2.5-year gap between national and local elections. He noted that regional political dynamics are often influenced by national political developments.

Khairul responded by stating that the 2.5-year gap was not merely for addressing emerging political issues, but also to ease the logistical burden on organizers and to enhance election accountability.

“This interval gives room to ensure greater accountability in the election process. In fact, several other countries have implemented a similar approach. With this separation between national and local elections, we can make meaningful improvements that, over time, may shape a consistent model for future elections,” he concluded.

Author       : Sri Pujianti.

Editor        : N. Rosi.
Translator  : Agusweka Poltak Siregar

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version prevails.

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