Assessing the Direction of Electoral Law Revision
The discussion of the Draft Law on General Elections (RUU Pemilu) has re-entered the 2026 National Legislative Programme (Prolegnas). Currently, the draft remains in the internal discussion phase at Commission II of the House of Representatives as a parliamentary proposal. Procedurally, the academic manuscript and draft Electoral Law must be prepared by the House of Representatives before being discussed jointly with the government.
However, based on recent developments, the process has not demonstrated adequate progress. Discussions remain in the phase of general public hearings (RDPU) with election experts and practitioners, whilst time continues to pass and several institutional deadlines are approaching rapidly.
Many parties still view the 2029 elections as a distant agenda. Yet in legal terms, key activities are already imminent. Under Law No. 7 of 2017 on Elections, the selection of members of the Election Commission (KPU) and Supervisory Body (Bawaslu) at the national level for the 2027-2032 term must commence no later than October 2026. This means that in the coming months, the electoral administration regeneration process must already be underway. In practice, this selection process is complex, requiring the formation of a selection team, fitness and propriety testing, and political decision-making by the House of Representatives.
Additionally, the Constitutional Court (MK) in Decision No. 120/PUU-XX/2022 has affirmed that the recruitment of electoral administrators must occur before the commencement of election implementation stages. This principle has a strong rational basis, as recruitment conducted during election stages risks creating conflicts of interest and extreme political pressure. According to the Court, recruitment completed before the election stages begin allows electoral administrators to receive adequate training through workshops and technical guidance to perform their electoral duties during concurrent elections.
Accordingly, the selection process for electoral administrators at national, provincial, and district/city levels must be completed before the 2029 election stages commence. Consequently, if the Electoral Law revision aims to improve selection design or strengthen the independence of electoral administration institutions, such changes must take effect before the selection process begins, around mid-2026.
Within this context, the urgency of Electoral Law revision becomes extraordinarily critical. Revision is not merely an administrative update, but also an essential prerequisite to ensure the 2029 elections are administered by institutions recruited through more accountable and professional mechanisms. Should revision be delayed, selection will continue to use the old legal framework, which has been criticised for not fully guaranteeing the quality, credibility, and autonomy of electoral administration institutions.
CONSTITUTIONAL MANDATE
In recent years, the Constitutional Court has issued several important decisions that directly influence the direction of electoral law regulation and design in Indonesia. These decisions not only resolve cases of constitutional testing of norms but also contain normative mandates that must be promptly acted upon by the legislature.
For instance, Constitutional Court Decision No. 114/PUU-XX/2022 emphasises in its legal reasoning the importance of comprehensive improvement of election management. According to the Court, this can be achieved through institutional strengthening and internal party democratisation, tightening mechanisms for recruitment and training of legislative candidates, employing transparent and accountable candidate selection procedures, and strengthening commitment and law enforcement against money politics practices firmly and non-discriminatorily.
The Court also emphasises the importance of political education, management of the number of participating parties, budget efficiency, and the possibility of modernising voting methods, including the use of technology. The Court also reminds that any future changes to the electoral system must be conducted carefully, not too frequently, prepared well before election stages begin, maintaining a balance between the role of political parties and the principle of popular sovereignty, and involving meaningful public participation.
Furthermore, Constitutional Court Decision No. 80/PUU-XX/2022 provides a clear mandate regarding the arrangement of electoral districts (dapil). The Court emphasises the importance of equal voting value and fair representation. The principle of one person one vote one value (OPOVOV) is not merely a slogan. It must be positioned as the foundation of Indonesia’s constitutional democratic practice. The Court reminds that electoral districts and seat allocation must always be based on dynamic and current population data so that public representation in each election period truly reflects current population proportions.
This has become increasingly urgent as the Court found significant representation imbalances, with certain provinces receiving seat allocations exceeding their population proportions (overrepresented) whilst other provinces fall short (underrepresented), a condition contradicting the principle of fair representation and proportionality. Imbalances in electoral district formation can produce representation distortions and even open space for political manipulation.
Furthermore, the Court noted in its decision that over three election periods, electoral district arrangements have never been evaluated substantively except when triggered by territorial expansion, implicitly urging that dapil evaluation be conducted regularly and systematically to ensure existing arrangements remain aligned with demographic developments and demands for electoral justice. Therefore, the Electoral Law revision must provide objective, transparent, and publicly testable parameters in electoral district arrangement.