Ilham Oktafian, Heru Andriyanto, Jakarta – Senior lawmaker Rifqinizamy Karsayuda on Monday sharply criticized a recent Constitutional Court ruling mandating the separation of national and local elections, accusing the court of overreaching its constitutional mandate and encroaching on legislative authority.
Rifqinizamy, who chairs the House of Representatives' Commission II overseeing governance and state institutions, said the ruling goes beyond judicial interpretation and sets a sweeping precedent in national politics.
"The Constitutional Court has effectively transformed itself from a body that reviews laws for constitutional compliance into one that creates new laws – usurping the roles of both the president and the legislature," Rifqinizamy told reporters at the parliamentary complex in Jakarta.
The ruling stipulates that presidential and national legislative elections must be held separately from regional elections – including gubernatorial, mayoral, and local legislative races – with a minimum interval of 2.5 years between them.
Critics argue the ruling could lead to legal inconsistencies. For instance, if implemented, it would extend the terms of sitting local legislators and executives from five to 7.5 years, potentially breaching constitutional provisions that require elections to be held every five years.
"The authority to make laws rests with the president and the legislature. This ruling undermines that constitutional balance," Rifqinizamy said. He added that the court may annul laws it deems unconstitutional, but it has no mandate to introduce new legal frameworks.
The House and the government are currently deliberating amendments to the 2017 General Elections Law, following an earlier Constitutional Court decision that struck down the presidential threshold – a provision requiring political parties or coalitions to hold a minimum percentage of House seats to nominate presidential candidates.
Before that amendment is even finalized, the court has issued a new ruling that fundamentally alters the electoral landscape and disrupts our ongoing legislative process, complained Rifqinizamy.
Indonesia's 2024 elections marked a historic moment in the country's democratic journey. For the first time, the nation conducted its presidential, parliamentary, and regional elections within the same year, under a simultaneous or "serentak" model aimed at streamlining the electoral process and reducing costs.
The presidential and legislative elections were held on February 14, 2024. Citizens voted for the president, members of the national parliament, and representatives to provincial and regency-level legislatures. Later in the year, on November 27, 2024, voters returned to the polls for regional elections, choosing governors, regents, and mayors across Indonesia's provinces and districts.
This integrated approach was intended to enhance voter turnout, simplify logistics, and improve synchronization between levels of government. However, it also posed significant challenges, including voter fatigue, logistical bottlenecks, and the immense burden on election officials. These concerns became part of the rationale cited by the Constitutional Court in its decision to order a return to staggered elections with significant intervals between national and local contests.