Constitutional Court Decision Causes Many Technical Issues, DPR Asked To Immediately Revise Election Law

Director of Democracy and Election Empowerment Partnership (DEEP), Neni Nur Hayati, asked the DPR to immediately revise Law Number 17 of 2017 concerning General Elections or Election Laws to anticipate various technical issues after the issuance of the Constitutional Court Decision (MK).

Previously, the Constitutional Court in Decision Number 135/PUU-XXII/2024 separated the implementation of national and regional elections starting in 2029. The national elections were only to elect members of the DPR RI, DPD RI, as well as the president and vice president. The election for members of the provincial and district city levels of the DPRD was carried out in conjunction with the regional head elections.

Through this decision, the Constitutional Court also provides an option so that the time lag from national and regional elections is designed to be in the range of 2 to 2.5 years. Thus, the election for DPRD members and regional heads which was originally to be held in 2029 is likely to be postponed to 2031.

The decision will cause various technical problems. One of them is related to who fills the position of regional head or member of the DPRD after 2029. Especially for the DPRD, it is impossible for the government to replace all its members with the executor of the task," said Neni, Sunday, July 6, 2025.

"Indeed, it is a dilemma. The only solution is that there needs to be an extension of the term of office of DPRD members, governors, regents-deputies, mayors and deputy mayors. DEEP also encourages the DPR to find the most appropriate way to present national and regional elections," he continued.

According to him, the Constitutional Court Decision Number 135/PUU-XXII/2024 should be a reference for the revision of the Election Law so that it can accommodate the diversity of socio-political conditions in various regions, guarantee the representation of marginalized groups, and ensure that elections are not just a place for power struggle, but a space for political education.

"The discussion on the revision of the law must be carried out inclusively, involving all stakeholders, namely election organizers, political parties, civil society, academics, women's groups and young voters, as well as the indigenous and disability community. With a participatory and proof-based approach, Indonesia can produce an electoral system that is not only legally valid, but also fair and democratically meaningful," Neni concluded.