Considered Changing The Democratic System, The Constitutional Court Is Asked To Retest Decision 135/2024
JAKARTA Researchers from the Independent Election Monitoring Committee (KIPP), Brahma Aryana filed a lawsuit asking the Constitutional Court (MK) to re-test Decision Number 135/PUU-XXII/2024 regarding the separation of national elections and regional elections.
"This principle is an essential response to the Constitutional Court Decision 135/2024 which we view has the potential to obscure the constitutional mandate and harm the constitutional rights of citizens," he said, Sunday, July 20, 2025.
He explained that specifically the lawsuit was to test Article 167 Paragraph (3) and Article 347 Paragraph (1) of Law 7/2017 concerning Elections, as well as Article 3 Paragraph (1) of Law 8/2015 concerning the Election of Governors, Regents, and Mayors (Pilkada). This is because the provisions being sued have changed by the Constitutional Court's Decision 135/2024.
"We believe that the contents are contrary to the fundamental principles contained in the 1945 Constitution, including Article 1 paragraph (2), Article 18 paragraph (4), Article 22E paragraph (1) and (2), and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia," added Brahma.
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He considered that the Constitutional Court's Decision 135/2024 which mandates the separation of national and regional elections with a time lag of between 2 and 2.5 years has the potential to cause significant changes in Indonesia's democratic system.
"Substantively, this decision creates a new legal norm that is equivalent to the law, so it has a fundamental constitutional impact and must be retested if it causes real constitutional losses to citizens and voters," Brahma said.
As is known, the Constitutional Court has issued a Decision 135/2024 which ordered the implementation of the election to be divided into two, namely national elections and regional elections.
In the decision, the Constitutional Court also determined the time lag between national and regional elections, namely 2 to 2.5 years.