Petitioners of Case No. 124/PUU-XXIII/2025 and legal counsel at the second hearing for the material judicial review of the Election Law and the Pilkada Law, Thursday (8/14/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The material judicial review petition of Article 167 paragraph (3) and Article 347 paragraph (1) of Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) as reinterpreted in the Constitutional Court Decision No. 135/PUU-XXII/2024 has been revised. The revisions to two petitions relating to the provision on the separate organization of the national election of members of DPR (House of Representatives), DPD (Regional Representatives Council), and president/vice-president (general) from the regional election of members of provincial/regency/city DPRD (Regional Legislative Council) and governor/regent/mayor and their deputy were heard on Thursday, August 14, 2025.

The Petitioner for case No. 120/PUU-XXIII/2025, advocate Zico Leonard Djagardo Simanjuntak, conveyed the revisions to the elaboration of the Court’s authority, the petitioner’s legal standing, and the reasons behind the petition. His legal counsel was asked by Deputy Chief Justice Saldi Isra, who chaired the panel, to read the petitums (requests).

The Petitioner requests the Court to declare Article 167 paragraph (3) of the Election Law unconstitutional if not interpreted as: “The voting process in an election shall be conducted simultaneously to elect members of the House of Representatives (DPR), the Regional Representatives Council (DPD), the Provincial and Regency/City Legislative Council (DPRD), and subsequently, within a minimum of 2 (two) years and a maximum of 2 (two) years and 6 (six) months after the inauguration of those members, voting shall be conducted simultaneously to elect the president/vice president, governors/vice governors, regents/vice regents, and mayors/vice mayors.” He also requests the Court to declare Article 347 paragraph (1) unconstitutional if not interpreted in the same manner described above.

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In addition, the Petitioners for case No. 124/PUU-XXIII/2025—paralegal Brahma Aryana and two law students of Nahdlatul Ulama University Arina Sa’yin Afifa and Muhammad Adam Arrofiu Arfah—conveyed the revisions to the elaboration of the Court’s authority, the petitioners’ legal standing, and the reasons behind the petition. They were also asked to deliver the revised petitums.

The Petitioners request the Court to declare that Article 167 paragraph (3) and Article 347 paragraph (1) of the Election Law, as interpreted by Decision No. 135/PUU-XXII/2024, unconstitutional and not legally binding

For reference, the Court rendered a decision last June to separate the organization of the national and local elections. The Petitioner of case No. 120/PUU-XXIII/2025 contended that Indonesia should separate executive and legislative elections, as is implemented in South Korea. He argued that combining the presidential and legislative elections results in the DPR becoming a mere rubber stamp for the executive and the weakening of public accountability, thereby violating the principles of popular sovereignty enshrined in Article 1 paragraph (2) as well as the rule of law enshrined in Article 1 paragraph (3) of the 1945 Constitution.

Conversely, the Petitioners of case No. 124/PUU-XXIII/2025 argued that holding DPRD election as part of the national election and combining them with regional head election violates the constitutional mandate of a five-year electoral cycle. The separation of national and regional elections by a 2 to 2.5-year interval creates a conflict with the five-year periode for DPRD election, resulting in either a vacancy in office or an unconstitutional extension of office terms.

Author       : Mimi Kartika
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
Translator  : Yuniar Widiastuti (NL)

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 will prevail.

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