The House of Representatives (DPR) postponed the passage of changes to the general election law on Thursday (22/08/2024) amid protests in several cities, following protests over legislation perceived to strengthen President Joko Widodo’s (Jokowi) political influence. The plenary session to pass the changes was postponed due to a lack of quorum, DPR member Habiburokhman told reporters outside the building.
It is unclear whether the House will reconvene to pass the law before registration for local elections opens next Tuesday. The House plans to pass changes that would overturn a Constitutional Court ruling earlier this week.
The legislative changes would block a vocal government critic from running for Jakarta’s governorship, and also pave the way for Jokowi’s youngest son to run in Central Java’s general election this November. This power struggle between parliament and the judiciary comes amid dramatic political developments in the world’s third-largest democracy, and in the final days of Jokowi’s second term.
Jokowi downplayed the whole thing, saying on Wednesday, (22/08/2024) that court decisions and legislative deliberations are part of checks and balances and are commonplace and ordinary.
The Home Minister said that the changes were intended to provide legal certainty.
More than 1,000 demonstrators gathered on Thursday outside the Parliament building in Jakarta and in several cities on Java, some holding banners accusing Jokowi of destroying democracy. Authorities fired tear gas at demonstrators in Semarang, according to Kompas TV.
“This is the peak of my frustration,” said Afif Sidik, a 29-year-old teacher who joined the demonstration outside the Parliament building.
“This is a republic. It’s a democracy, but if the leadership is determined by one person, or an oligarch, we can’t accept it.” said the legal expert and political analyst, describing the power struggle as something approaching a constitutional crisis.
Election analyst Titi Anggraini described this maneuver as “constitutional defiance”. The street protests followed a wave of criticism on social media, with blue posters reading “Emergency Alert” over Indonesia’s national garuda bird spreading on social media. The rupiah and Jakarta’s main stock index slumped by midday Thursday, hit by fears of protests as well as by a widening transaction deficit.
The Constitutional Court on Tuesday lifted the minimum threshold requirement to nominate candidates in local elections and retained the 30-year minimum age limit for candidates. The ruling effectively precluded the 29-year-old son of the president from running for deputy governor in Central Java, and allowed Anies Baswedan, the current popular candidate, to run in Jakarta.
However, within 24 hours, parliament had submitted an emergency revision to overturn the change. All parties except the Indonesian Democratic Party of Struggle (PDI-P) have approved the revised law.
“Indonesian democracy is once again at a crucial crossroads,” Anies wrote on social media platform X, urging members of parliament to remember that the fate of Indonesian democracy rests in their hands. The House of Representatives is currently dominated by a grand coalition supporting Jokowi, and president-elect Prabowo Subianto.
Prabowo, who won a landslide election in February, will be sworn in on October 20, with Jokowi’s eldest son, Gibran Rakabuming Raka, as vice president. Jokowi has faced increasing criticism for increasingly bold ways of consolidating his government’s power, and for the creation of his own political dynasty.
“The decision of the Constitutional Court is final and binding, it is impossible for the legislative body to violate the court’s decision. This is a power struggle,” said Bivitri Susanti, of Jentera College of Law.
First elected in 2014, Jokowi was hailed at the time as a hero of democracy, largely because he was seen as untethered to Indonesia’s entrenched oligarchy and military elite. Jokowi last week praised his administration’s record on the economy, development, and infrastructure construction in his final state of the nation address. The former Jakarta governor has served the maximum two terms during his decade in power after defeating Prabowo twice, in the 2014 and 2019 elections.
Constitutional Court Decision is Included in Pilkada Rules
The General Elections Commission (KPU) said that the DPR’s decision to cancel the ratification of the Pilkada Bill emphasized that it included the Constitutional Court’s decision in the KPU regulations (PKPU) in the simultaneous elections.
KPU’s stance responds to the DPR’s decision to cancel the ratification of the Pilkada Bill, which is accused of ignoring the Constitutional Court’s ruling.
“Last night (the news of the cancellation of the Pilkada Bill), further emphasized this process we are doing, to include the Constitutional Court’s decision in KPU regulations,” said Acting KPU Chairman, Mochamad Afifudin in a press conference at the KPU Building, Thursday (22/08/2024) evening.
“All things related to the Constitutional Court’s decisions, both Number 60 and 70, we can make sure that we will use them,” he said.
As is known, the Constitutional Court’s decision Number 60 / PUU-XXII / 2024 emphasizes that political parties can nominate regional heads with a requirement of 6.5 to 10% of the votes depending on the total number of votes in the region. Meanwhile, in Decision Number 70/PUU-XXII/2024, the Constitutional Court emphasized that the age requirement of 30 years (cagub/cawagub) and 25 years (cabup/cawabup-mayor/deputy mayor) is calculated based on the time of nomination.
However, Afif emphasized that PKPU will still be officially issued after his party consults with Commission II of the DPR.
“It is scheduled for Monday (August 26, 2024),” said Afif.
Previously reported, Deputy Speaker of the DPR, Sufmi Dasco Ahmad, confirmed that the Pilkada Bill was canceled at today’s plenary, Thursday (22/08/2024). Pilkada will follow the rules that refer to the decision of the Constitutional Court.
“Therefore, we emphasize that we obey and submit to the rules because the Pilkada Bill has not been passed, which applies the Constitutional Court decision submitted by the Labor Party and Gelora,” Sufmi said at a press conference at the DPR, Thursday (22/08/2024) evening.
Full Contents of Decision 60/PUU-XXII/2024 of the Lawsuit of the Labor Party and Gelora:
Provincial Candidate Submission Threshold:
Provinces with a maximum DPT of 2 million votes
Political parties or coalitions can propose candidates for governor and deputy governor only by fulfilling a minimum of 10% of the valid votes in the legislative elections in the province,
Provinces with a DPT of 2-6 million votes
Political parties or coalitions only need to fulfill a minimum of 8.5% of valid votes
Provinces with a DPT of 6-12 million votes
Political parties or coalitions only need to fulfill a minimum of 7.5% of the valid votes
Provinces with DPT above 12 million votes
Political parties or coalitions only need to fulfill a minimum of 6.5% of the valid votes.
Threshold for Candidate Submission at City or Regency Level:
City or Regency with a maximum DPT of 250 thousand votes
Political parties or coalitions can nominate candidates for mayor and deputy mayor as well as candidates for regent or deputy regent only by fulfilling a minimum of 10% of the valid votes in the legislative elections in the city or regency,
City or Regency with a DPT of 250-500 thousand votes
Political parties or coalitions only need to fulfill a minimum of 8.5% of valid votes
City or Regency with DPT 500 thousand-1 million votes
Political Parties or coalitions only need to fulfill a minimum of 7.5% of the valid votes
City or Regency with a DPT of more than 1 million votes
Political Parties or coalitions only need to fulfill a minimum of 6.5% of the valid votes
