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Analysis: House defies game-changing court ruling on regional elections
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A file photograph shows empty seats at the House of Representatives. (JP/Dhoni Setiawan)
A
landmark decision by the Constitutional Court on Tuesday has removed the legislative threshold for political parties or electoral alliances to nominate candidates in the regional head elections in November. The ruling is seen as a game changer, particularly for former Jakarta governor Anies Baswedan, whose path to the polls appeared to narrow after the majority of parties rallied behind Ridwan Kamil.
The Constitutional Court ruling states that the 2024 regional head elections in November are not subject to the legislative threshold of either 20 percent seats in the regional council or 25 percent of the popular vote, and introduces a new nomination threshold based on the popular vote cast by eligible voters nationwide. The new threshold requires a political party or an alliance of political parties to garner 7.5 percent of the popular vote to win in a province of between 6 and 12 million eligible voters. Meanwhile, it sets a new threshold of 6 percent to win in a province with over 12 million eligible voters.
The court also ruled that gubernatorial candidates should be at least 30 years of age at the time they register with the General Elections Commission (KPU), effectively revoking the Supreme Court decision late last year to ease the age of candidacy to allow President Joko "Jokowi" Widodo's youngest son Kaesang Pangarep to contest the regional elections. As the Gerindra Party-led Onward Indonesia Coalition (KIM) has expanded to now total 12 political parties declaring their support Ridwan's bid for Jakarta governor and thereby impede Anies' shot at reelection, activists have applauded the Constitutional Court ruling as a victory for democracy, ensuring a robust competition at the simultaneous regional polls in November.
The euphoria was short-lived however, and the nation became riled up again on Wednesday as pro-government parties in the House of Representatives moved in defiance of the court’s ruling to revise the Regional Elections Law to reinstate the barrier. The revision, if passed, would again thwarting Anies’ reelection bid as well as the efforts of the Indonesian Democratic Party of Struggle (PDI-P) to challenge the pro-government alliance. The anticipated revision of the Regional Elections Law was the focus of a 30-minute meeting between the House Legislation Body (Baleg) and newly appointed Law and Human Rights Minister Supratman Andi Agtas, who hails from president-elect Prabowo Subianto's Gerindra. The meeting, which was presided over by Baleg deputy chair Achmad Baidowi from the United Development Party (PPP), discussed a proposal to move the elections forward to an earlier date, as well as the rules on the age of candidacy and the nomination threshold.
The majority of House parties decided to cherry-pick the rulings of the Constitutional Court and the Supreme Court. In its preliminary decision on Wednesday, the House applies the threshold only to small political parties without any seats in the Regional Legislative Council (DPRD) and applies the Supreme Court interpretation on the age restriction from 30 to 25 years.
The PPP’s Baidowi, who led the meeting, refuted allegations that the Regional Elections Law revision was rushed, saying the revision was a House-initiated bill that was approved in a November 2023 plenary session for a draft prepared in October 2023. He said the main aim was to change the date of the regional elections from November to September 2024, and that last year’s discussions were delayed because of the House's focus on the 2024 general election and a Constitutional Court ruling mandating that the 2024 regional head elections be held this November as originally scheduled. According to Baidowi, the postponed discussions resumed on Wednesday only after Baleg received instructions to consult with the government.
What we’ve heard
