By: Ahmad Baihaqi
The 2024 simultaneous regional elections have entered a crucial stage, and public attention is now focused on how the General Election Commission (KPU) will follow up on the decision of the Constitutional Court (MK). The Constitutional Court’s two latest decisions, namely Decision Number 70/PUU-XXII/2024 and Decision Number 60/PUU-XXII/2024, are the legal basis that will determine the direction of the implementation of this regional election. The government, through the KPU, has confirmed its commitment to comply with and implement these decisions in all stages of the 2024 Regional Elections, including in determining candidate pairs (paslon).
In the Indonesian political context, the Constitutional Court’s decisions have a vital role in maintaining the integrity and fairness of elections. This decision, especially regarding the age requirements for regional head candidates and nomination thresholds, aims to ensure that every candidate competing in regional elections meets legal standards that are fair and non-discriminatory. In the current dynamic political situation, the implementation of the Constitutional Court’s decisions is the main determinant in maintaining public confidence in the general election process.
Deputy Chairman of the DPR RI, Sufmi Dasco Ahmad, confirmed that the DPR will not hold a plenary meeting regarding the ratification of the revision of the Regional Election Law. In this way, Dasco emphasized that the registration of candidates for the 2024 regional elections will follow the decision of the Constitutional Court (MK).
Decision Number 60/PUU-XXII/2024 changes the threshold for regional head candidacy by canceling Article 40 paragraph (3) of the Regional Election Law. This decision opens up opportunities for political parties that do not get seats in the DPRD to nominate regional head candidates. Thus, the calculation of candidacy requirements is now only based on the number of valid votes in the elections in the area concerned, with a range of between 6.5 to 10 percent. This is an important step in broadening political participation and providing wider opportunities for potential candidates who may not be supported by major parties.
The KPU as the election organizing institution has a big responsibility to ensure that all stages of the 2024 Regional Election run in accordance with applicable legal provisions. Chairman of the Indonesian KPU, Mochammad Afifuddin, in a press conference on August 22 2024, emphasized that the Constitutional Court’s decision would be followed up to the stage of determining candidate pairs. This confirmation is important to eliminate doubts that may arise among the public and political parties regarding the consistency of the implementation of the Constitutional Court’s decisions.
In this context, the KPU not only acts as a technical implementer, but also as a guarantor that the democratic process runs in accordance with the principles of justice. The consultation that the KPU will carry out with Commission II of the DPR, as planned on 26 August 2024, is a strategic step to ensure that the revision of the KPU Regulations (PKPU) is in accordance with the Constitutional Court’s decision. This is also a preventive measure so that the KPU does not receive sanctions again from the Election Organizer Honorary Council (DKPP) as happened previously.
The implementation of the 2024 regional elections in accordance with the Constitutional Court’s decision has broad implications for the development of politics and democracy in Indonesia. First, the consistent implementation of the Constitutional Court’s decisions by the KPU shows that the law remains the main pillar in organizing elections. This gives a positive signal to the public that the country is serious about implementing democratic principles.
Second, changes to the nomination threshold open up a more inclusive space for participation. Small parties and independent candidates now have a greater opportunity to compete fairly in regional elections. This can encourage the emergence of regional head candidates who have a more diverse vision and work program, and are able to provide concrete solutions to problems in their respective regions.
Third, the Constitutional Court’s decision regarding campaigns in universities, which is regulated in Decision Number 69/PUU-XXII/2024, also opens a new chapter in the way candidates communicate with young voters. Universities as centers for intellectual and critical development of society have a strategic role in creating intelligent and critically empowered voters. By allowing campaigns on campus, as long as they are without campaign attributes, it is hoped that productive discussions will emerge that can educate young voters about the vision and mission of the candidates.
Even though the government and KPU have confirmed their commitment to implementing the Constitutional Court’s decision, challenges in implementing it remain. Supervision from civil society, the media and election monitoring institutions is important to ensure that each stage of the regional elections is transparent and in accordance with the rules. Apart from that, active participation from the community in monitoring the regional election process is also key to preventing violations that could harm the integrity of the election.
In this context, the greatest hope is that the 2024 regional elections can run smoothly and produce regional leaders who are competent and trustworthy. By implementing it in accordance with the Constitutional Court’s decision, it is hoped that the democratic process in Indonesia will become more mature and be able to produce leaders who are truly capable of responding to development challenges in their respective regions.
Ultimately, the 2024 Pilkada is not just about electing regional heads, but also about strengthening Indonesian democracy. By ensuring that all stages of the regional elections are in accordance with the Constitutional Court’s decision, the government and KPU have demonstrated their commitment to maintaining fairness and transparency in the election process. This is an important step towards more inclusive and democratic elections in the future.
*) Indopol Media Political Observer
