Liputan6.com, Jakarta Members of the Commission of the House of Representatives of the III, as well as the permanent lecturer on the doctoral programs at the University of Borobudur, the University of Defense (Unlan) and the University of Jayabay, Bambang Sosato (Bamsoet), mentioned the decision of the Constitutional Court (MK) No. 135/Puu-XXII/2024 as a new round in Indonesian democracy.
Thanks to the decision, the Constitutional Court stipulated that the national elections included in the presidential elections, DPR members, and DPD will continue to be held simultaneously in 2029.
This decision is a response to a judicial consideration submitted by the Association for Elections and Democracy (Perludem) of the clause of Article 167 (3) of the election law, especially in the phrase “Voting is simultaneously”. The Constitutional Court granted the lawsuit, emphasizing that “at the same time” does not mean that all elections should be made on the same day. The Constitutional Court assesses that effectiveness and rationality must be taken into account when implementing elections, of course, without ignoring the right of voting and principles of sovereignty guaranteed in the Constitution.
“DPR, government and political parties do not have a place to deviate the decision of the Constitutional Court, since it is final and mandatory. The government and parliament as a law should immediately carry out constitutional engineering or constitutional engineering in order to ensure a new, effective and remain a democratic electoral system, ”Bamsoet said in a lecture under the National Law on the National Legal Law on National Legal Law.
Bamsoet describes 2 options that can be adopted by state institutions
The 15th Chairman of the MPR and the 20th DPR speaker explained two options that can be adopted by state institutions to decide the Constitutional Court. Firstly, the MPR can make limited amendments to the 1945 Constitution, if a more obvious legal umbrella is needed to separate the national and regional elections. This amendment should not concern too many aspects, simply regulating the norms that regulate the election system, the sovereignty of people and the term of the office.
The second step, which in the near future is considered more realistic is to revise Law No. 7 of 2017 regarding the election and law No. 10 of 2016 regarding Pilkid. This review is aimed at changing the voting schedule and the term of office of DPRD members, as well as regulate the transition period between the end of the office of the DPRD office and the regional head of the regional elections of 2024 and the next elections in 2031.
“Thus, the separation of the election mode and the regional election regime is well implemented. While the elections of the elections and elections of DPRD members were returned to 5 years in accordance with the provisions contained in our Constitution or the 1945 Constitution, ”Bamsut said.
