Aisyah Amira Wakang, Jakarta – The Council of Professors of the University of Indonesia (DGB UI) has assessed that a constitutional crisis has arisen in the Republic of Indonesia after the House of Representatives (DPR) Legislative Body completed the bill on regional head elections, which nullified the Constitutional Court's ruling on regional election nominations.
The DGB UI asserts that the DPR has defied the court's decision, which is final and binding on all state institutions.
Indang Trihandini, a DGB UI member, criticized the DPR's arrogant and vulgar attitude, which she believes betrays the constitution. This attitude was evident in their revision of the Regional Head Election Law, which disregarded Constitutional Court Decision No. 60/PUU-XXII/2024, just a day after it was issued.
"The DPR has clearly violated the statesmanship expected of the people's representatives," Indang said in a written statement on Wednesday, August 21, 2024.
The DGB UI expressed concern that this attitude could lead to authoritarianism, reminiscent of the colonial era and oppression Indonesia experienced in the past. The DPR members' actions, according to the DGB UI, reflect the collusion and nepotism prevalent in 1998, which ultimately led to student-led protests and reforms.
Therefore, the DGB UI urged the DPR to halt the revision of the Regional Head Elections Law and act wisely, fairly, and prudently by upholding the values of statesmanship. Additionally, the DGB UI requested the General Election Commission (KPU) to immediately implement the Constitutional Court Decisions No. 60 and No. 70 of 2024 to ensure the people's sovereignty based on Pancasila.
The annulment of the court's ruling on the minimum age requirement for regional head candidates could potentially benefit President Joko Widodo or Jokowi's youngest son, Kaesang Pangarep, who is expected to run in the 2024 regional elections. Kaesang would meet the age requirement as the inauguration of the elected regional heads from the 2024 regional elections is scheduled for 2025, after his 30th birthday on December 25, 2024.
Meanwhile, the DPR's Legislation Body decided that Article 40 (1) of the Regional Elections Law, which regulates the nomination threshold of 20 percent of regional legislative (DPRD) seats or 25 percent of valid legislative election votes, would remain applicable to political parties with parliamentary seats.
This decision contradicts the Constitutional Court's recent revision of this article, increasing the likelihood of a single candidate pair in many regional head elections, a situation considered detrimental to democracy by several observers.